Overview Description

Records relating to an arrest can be expunged by the court following an acquittal, nolle prosequi, or dismissal of the charges. Va. Code Ann. § 19.2-392.2(A).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the circuit court in the county or city in which the case was disposed. For the specific procedure, see Va. Code Ann. § 19.2-392.2.


There are costs, which are refundable if an expungement is ordered. Va. Code Ann. §17.1-275.


For the procedure to expunge physical and electronic copies, see 6 VAC 20-120-80.


For an application for this type of expungement, visit here.

Waiting Periods

There is no statutory language regarding a waiting period.

(non-prod server)