Virginia

Adult criminal records may be expunged in some situations. In most cases, you have to file a petition in court to start the process.

• If your case ended with a nolle prosequi, dismissal, or acquittal, the record can be expunged immediately. It is up to the judge whether or not to grant your petition.

• If you were a victim of identity theft, the record should can expunged immediately. If you meet the criteria, the judge has to grant your petition.

• If you were convicted of an offense but the state supreme court later found you innocent, the record should be expunged immediately. You do not have to file a petition.

• Records relating to charges for which you received an absolute pardon because of factual innocence are expunged automatically.

Likely not eligible for expungement.

Likely not eligible for expungement.

Below is a general overview of when juvenile records can be expunged in Virginia. Please note that the Clean Slate Clearinghouse does not provide legal advice. Read the legal policies and statutes for detailed statutory information. Juvenile Record Clearance Policies Overview Most juvenile records can be expunged.

• If your case was dismissed (you not found guilty), your record should be automatically expunged after you turn 19 and five years have passed since the last hearing in your case. You can also submit a request to the court to expunge your record before you turn 19 years old or before five years have passed, but it is up to the judge whether or not to grant your request.

• If you were adjudicated (found guilty) of a misdemeanor, your record should be automatically expunged after you turn 19 and five years have passed since the last hearing in your case. You should not have to do anything to get your record expunged.