How to Expunge a Criminal Record in Virginia: 2026 Step-by-Step Guide

An old charge — even one that was dismissed — can follow you on background checks for years. Virginia's expungement law, and a new 2026 sealing law, let a lot of people clear their record. Here's how it works.

Who qualifies for expungement?

Under Va. Code § 19.2-392.2, you can petition to expunge a charge that ended in an acquittal, a dismissal, a nolle prosequi (the prosecutor dropped it), or a case of mistaken identity. You generally cannot expunge a conviction, a guilty or no-contest plea, or a charge dismissed through a first-offender program.

The step-by-step process

• 1. Get your records. Obtain certified copies of the warrant/charge and the disposition.
• 2. File the petition. Complete Form CC-1473 (petition) and CC-1474 (order) and file with the Circuit Court in the locality where the charge happened. Virginia charges no filing fee for the petition.
• 3. Fingerprints & review. You're fingerprinted and the State Police process the request; the Commonwealth's Attorney reviews it.
• 4. Hearing (if needed) & order. The court enters an expungement order; the record is removed from public access and destroyed three years later.

Virginia's new 2026 sealing law

Beyond expungement, Virginia's new record-sealing law (SB 1466 / HB 2723) took effect July 1, 2026. It lets people petition to seal a wider range of records — including some convictions — and begins automatically sealing marijuana possession, most non-convictions, and traffic infractions in late 2026. Class 1 and 2 felonies are excluded, and Class 3 and 4 felonies carry a 20-year wait.

This is general information about Virginia law, current as of 2026 — not legal advice. Whether a specific record qualifies depends on the details. RVA Gotcha is not a law firm; we connect you with a licensed Virginia attorney who can tell you for sure. We help people across Richmond, Henrico, and the metro.

Frequently asked

How much does it cost to expunge a record in Virginia?

Virginia charges no court filing fee for an expungement petition under § 19.2-392.2. Attorney fees vary by case complexity and are often a flat fee for straightforward matters. A free eligibility check comes with a quote before you commit.

Can I expunge a dismissed charge in Virginia?

Usually yes. Charges that ended in dismissal, acquittal, nolle prosequi, or mistaken identity are the core of what qualifies for expungement — unless the dismissal came through a first-offender program.

Does expungement remove the record from Google and background checks?

Expungement and sealing remove the record from public access, which is the key step. Some private background-check and mugshot databases lag; once your record is cleared, those can be pushed to update or remove it.