Expungement is the legal process by which an individual’s police and court records are permanently removed from the public eye and sealed. This process varies by state, and in Virginia the final disposition of a criminal charge determines whether or not the charge qualifies for an expungement. If your charge is successfully expunged, this means your charge is no longer visible to the public (including potential employers). The Commonwealth of Virginia only permits the expungement of a person’s criminal record if that individual was granted an absolute pardon by a judge. However, you may still qualify for an expungement in Virginia if:

• you were arrested, but you were not charged with a crime

• you were charged with a crime, but not convicted of the crime

If You Were Not Convicted of a Crime

Your criminal charge, such as a DUI or DWI, may be expunged in Virginia if the final disposition of the criminal charge resulted in one of the following….

• you were charged with a crime, but found not guilty or you were acquitted of said charge

• you were charged with a crime, but the charge was dismissed or noelle prosequi (not prosecuted)

• you were charged with a crime, but the charge was “otherwise dismissed” by accord & satisfaction

• you were charged with a crime, but you are innocent of the crime (i.e. someone committed a crime using your name without your consent)

 *Note there is no statute of limitations for having a charge expunged. You may file a petition for expungement years after the case is concluded, or immediately after you were acquitted.

If You Were Convicted of a Crime

If you were convicted of a criminal charge in Virginia that you did not commit and were later granted an absolute pardon, your charge may be expunged. If you entered a plea of nolo contendere or guilty, you are not eligible for an expungement.

Why Should I Consider Having My Record Expunged?

There are numerous reasons why expunging your record benefits you in the long run. The primary reasons people petition to have their criminal records expunged are:

• Employer Background Check

• College or University Background Checks

• Approval for Volunteer Work