How it works in Virginia

The steps

1. Request your record

   Ask the Virginia State Police for a copy of your Virginia criminal history record. Use the State Police's online form generator, print the form, have your signature notarized, and mail it with payment. The name search (form SP-167) returns Virginia convictions only; attach a fingerprint card if you need charges and dismissals shown. The State Police also list form SP-356, a criminal history name search for seal and expunge petitions; it asks for the circuit court and the civil case number of your petition. Allow about 15 business days after the State Police receive your mail.

   Record request fee: $15.00 — Virginia Criminal History Record Name Search by mail (form SP-167); $20.00 for the combination criminal history and sex offender registry search. The name search returns Virginia convictions only; a fingerprint card attached to the form adds charges and dismissals. Form SP-356, the State Police's criminal history name search for seal and expunge petitions, is $0.00, exempt from payment by statute; it asks for the circuit court and the civil case number of your petition.

2. Review your record

   Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

3. Get your court documents

   Get a copy of the warrant, summons or indictment for each charge from the clerk of the court that handled the case. Both Va. Code Ann. § 19.2-392.2 and Va. Code Ann. § 19.2-392.12 ask for it with the petition, if reasonably available. Note the date of arrest, the arresting agency, the date of the conviction or dismissal, and the case number. The petition must state them, or say why they are not available. For a sealing petition, gather proof that you paid any restitution the court ordered.

   Certified copy fee: $2.00 — Per document, at the Prince William County Circuit Court Clerk's Office; plain copies are $.50 per page there.

4. Verify the final documents

   Review each document for accuracy and make copies of every original.

5. Prepare your petition

   Which petition you file depends on how your case ended. If you were acquitted, or the charge was dismissed or ended in a nolle prosequi, you file a petition to expunge under Va. Code Ann. § 19.2-392.2. That section names no waiting period. It also covers a charge made in your name by someone else, and a conviction undone by an absolute pardon or a court's writ. From December 1, 2026, that petition covers any charge that did not end in a conviction. The exception is a deferred case where you stipulated to facts sufficient for guilt, or the court found them. A conviction, or a charge deferred and dismissed, may be sealed by petition under Va. Code Ann. § 19.2-392.12. The section covers a misdemeanor, a Class 5 or 6 felony, and a felony punished as larceny under section 18.2-95. The offense date must be on or after January 1, 1986. You need seven years for a misdemeanor, or ten for a felony, with no new conviction, traffic infractions aside. The clock starts at the later of your conviction, dismissal, release from incarceration, or a violation finding on that case. A conviction, at any time, for a Class 1 or 2 felony or any felony punishable by life in prison bars the petition. So does a Class 3 or 4 felony conviction in the past 20 years, or any other felony conviction in the past 10 years. You must have paid any restitution the court ordered. If the records show the offense involved alcohol or a drug, you must show your rehabilitation. The court must also find that the record's continued existence and possible dissemination causes or may cause a manifest injustice to you. Only two sealing petitions may be granted in your lifetime. Use form CC-1473 for an expungement petition after an acquittal or a dismissal. For a charge made in your name by someone else, the court's instructions name form DC-363.

6. Finalize your petition

   Put the completed petition, the copy of the warrant, summons or indictment, and your record together in one package. Make three copies: one to file, one for the attorney for the Commonwealth, and one for your own file. Check that every page is complete and signed.

7. File your expungement or sealing petition

   File the petition in the circuit court for the county or city where your case ended. Serve a copy on the attorney for the Commonwealth for that county or city. For an expungement petition under Va. Code Ann. § 19.2-392.2 the copy is served; for a sealing petition under Va. Code Ann. § 19.2-392.12 you deliver it or mail it first-class, postage prepaid. Then ask the Central Criminal Records Exchange to forward your criminal history record to that court electronically. A sealing petition needs your Virginia and national record; an expungement petition your Virginia record. You pay no court fees or costs to file either petition. The clerk may also ask for a cover sheet for filing civil actions, form CC-1416.

   Filing fee: None — You pay no court fees or costs to file a petition to expunge (Va. Code § 19.2-392.2(A), (B)) or a petition to seal (Va. Code § 19.2-392.12(B)); Arlington's circuit court dates the change to July 1, 2026.

8. Work with the court

   The attorney for the Commonwealth has 21 days after service to object or answer an expungement petition, and 30 days for a sealing petition. On an expungement petition the court holds a hearing unless the attorney for the Commonwealth gives written notice of no objection. For a felony charge that notice must also stipulate to manifest injustice. On a sealing petition the court may hold a hearing, or seal without one on that notice plus a stipulation of eligibility and manifest injustice. With no prior record and a misdemeanor or civil-offense charge, the law entitles you to expungement unless the Commonwealth shows good cause. Otherwise the court must find that the record's continued existence and possible dissemination causes or may cause a manifest injustice to you. Respond promptly to anything the court asks for. Either side may appeal as in a civil case.

9. Receive the court's order

   Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered and whether the outcome is a sealing (record hidden from public view) or an expungement (record removed). Keep a certified copy for your own files.

10. Verify the record is sealed

    After a sealing order, the clerk sends an electronic notice to the Department of State Police. The State Police seal their records under Va. Code Ann. § 19.2-392.13 and notify the Supreme Court's Executive Secretary and every agency known to hold the record. After an expungement order, the clerk forwards it to the Department of State Police, which directs the expungement or removal of the records under Va. Code Ann. § 19.2-392.2. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference. Confirm with the clerk of court and the arresting agency that their records reflect the order as well. Once sealed, you may deny the arrest, charge or conviction to a state or local agency or a private employer in Virginia. There are exceptions under Va. Code Ann. § 19.2-392.5. One is a job or volunteer post with the State Police, a police department or a sheriff's office. Others are an inquiry the Code or federal law requires, a national-security position, and an employer the regulations allow.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.