How it works in Virginia

These steps cover the court-petition process — the path that applies if you don't qualify for the automatic process.

  1. Get Fingerprinted

    Visit your local police or sheriff's station and have your fingerprints taken.

    Fingerprint fee: $15.00

  2. Request your Record

    Complete and submit your application to request an official copy of your criminal history record from the Virginia State Police, the statutory custodian of Virginia criminal history records.

    Record request fee: $15.00 — Standard name-based Virginia Criminal History Record Name Search (form SP-167); $20.00 for combo Criminal History + Sex Offender / Crimes Against Minors. Fingerprint-based options $13.75 VSP CARE + $13.25 FBI = $27.00 combined (used where § 19.2-392.2 requires fingerprinting).

  3. 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.

  4. Request Certified Documents

    Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Certified copy fee: $2.00

  5. Verify the Final Documents

    Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

  6. Prepare your Petition

    Complete the petition based on the type of charge and outcome you are seeking. Under Va. Code Ann. § 19.2-392.12, arrest records and not-guilty dispositions may be filed without a waiting period, misdemeanors require seven years, and certain felonies (Class 5 or 6, plus grand larceny) require ten years — confirm the applicable wait for your charge class before submitting.

  7. Finalize your Petition

    Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

  8. File your Expeal Request

    File the petition with the court that handled the case.

    Filing fee: $98.00 — Statutory clerk-collected expungement petition fee (case-type code **XPUN — Expungement**), set by Va. Code § 17.1-275. Note: XPNR (Expungement Review — appellate review of a denied expungement) is a separate $86.00 case type and does not apply to original expungement filings. Some localities may add a sheriff service fee. ELIMINATED effective 2026-07-01 per amended § 19.2-392.2 — the post-2026 version adds verbatim text to subsections (A) and (B): "A person shall not be required to pay any court fees or costs for filing a petition under this subsection," and deletes subsection (L) (the § 17.1-275 cross-reference) entirely. Pre-cutover (until 2026-07-01) the fee remains $98 statutory. Post-cutover (2026-07-01+) this amount should flip to null per CF-23. If petition is granted pre-cutover, the clerk refunds costs to the petitioner. No fee for expungement following an absolute pardon or for identity-theft petitions under § 19.2-392.2(B).

  9. Work with the Court

    After the Virginia court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

  10. 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.

  11. Verify the Record is Sealed

    Under Va. Code Ann. § 19.2-392.5 et seq., the Virginia State Police and the original arresting agency update or remove the records covered by the order. 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.

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.

Official agencies

Court forms

Virginia record-clearing statutes

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