Expungement & Sealing of Criminal Records
A past arrest or criminal record can affect employment, housing, and future opportunities. Felty Law Firm can evaluate your eligibility for expungement or record sealing in Virginia and guide you through the process of pursuing a clearer path forward.
How Does the Virginia Record-Clearing Process Work?
Virginia does not use one record-clearing procedure for every case. Expungement and record sealing are separate legal remedies, and the correct path depends on the original charge, the final disposition, the date of the offense, the person’s criminal history, and other eligibility requirements. Expungement generally applies to eligible charges that did not result in a conviction, while Virginia’s sealing laws may apply to certain eligible convictions and deferred-dismissed charges. Some records may qualify for automatic sealing; others require a petition and court approval.
The process generally involves the following steps:
- Review the complete criminal record. The charge, case number, arrest information, court disposition, and related records must be identified and verified.
- Determine eligibility and the appropriate remedy. An attorney can assess whether the record may qualify for expungement, automatic sealing, or petition-based sealing under current Virginia law.
- Prepare the required documents. A petition must contain specific information about the charge, arrest, disposition, and person requesting relief. Additional court records or supporting evidence may also be needed.
- File in the appropriate Virginia circuit court. Petitions are generally filed in the circuit court for the city or county where the case was resolved. The Commonwealth must receive notice, and the required criminal-history information must be provided to the court.
- Address objections or attend a hearing. The Commonwealth may object to the petition. Depending on the type of relief requested and the circumstances of the case, the court may conduct a hearing before deciding whether the statutory requirements have been satisfied.
- Complete the record-clearing process. If relief is granted, the court sends the appropriate order or notification to the Virginia State Police and other record custodians. A sealed record is generally restricted from ordinary public access, although certain agencies may retain access when authorized by law.
Because eligibility can turn on small but important details, reviewing the record before filing is essential. Felty Law Firm can examine your case history, identify the record-clearing options that may be available, prepare the necessary filings, and represent you during the Virginia expungement or sealing process. Virginia expungement law | Virginia petition-based sealing law
What Is the Difference Between Expungement & Record Sealing in Virginia? And Who May Qualify?
Although the terms are sometimes used interchangeably, expungement and record sealing are different legal remedies in Virginia. Expungement generally involves removing eligible police and court records associated with an arrest or charge that did not result in a conviction. This may include certain cases ending in an acquittal, dismissal, or nolle prosequi, subject to the requirements of Virginia law.
Record sealing generally restricts access to eligible criminal-history and court records from ordinary public access rather than physically destroying them. Certain government agencies and authorized parties may retain access under circumstances defined by law. Virginia’s sealing provisions may apply to some misdemeanor convictions, deferred-dismissed charges, Class 5 or Class 6 felony convictions, and certain larceny-related felonies. However, waiting periods, criminal-history restrictions, lifetime petition limits, excluded offenses, and other statutory requirements may apply.
A record may warrant an eligibility review when:
- The charge was dismissed or ended in an acquittal.
- The Commonwealth entered a nolle prosequi.
- The arrest or charge resulted from mistaken identity or identity theft.
- The case involved an eligible deferred dismissal.
- The conviction falls within a category eligible for petition-based sealing.
- The required waiting period has passed without a disqualifying conviction.
- Court-ordered restitution has been paid in full when applicable.
- The continued public availability of the record creates a significant hardship.
Eligibility is not determined by the name of the charge alone. The court disposition, offense date, criminal history, related charges, and later convictions can all affect the analysis. Felty Law Firm can review the underlying records and explain whether expungement, automatic sealing, or petition-based record sealing may be available under Virginia law. Virginia expungement law | Virginia petition-based sealing law
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Strong legal representation begins with understanding the facts, the risks, and the person behind each case. Felty Law Firm provides thoughtful guidance, thorough preparation, and focused advocacy throughout the legal process. Clients receive direct communication and a strategy shaped around their circumstances, priorities, and legal objectives.
Understanding the Legal Process
How to Get Started...
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2.
Set a Consultation Date
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3.
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"I would like to express my immense gratitude to Mr. Felty's office, as they provided extraordinary support from day one through the conclusion of my case, which ended in *a satisfactory manner thanks to the compassionate approach of Krista Meade and the excellent professional expertise of Mr. Felty."
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What to do Next?
Contact Felty Law Firm to discuss the next steps toward clearing or limiting access to your criminal record. The information on this page is a starting point, as eligibility for expungement or record sealing depends on the charge, the outcome of the case, and applicable Virginia law. Matthew Felty can review your record, explain the options available, and guide you through the appropriate petition and court process. Reach out today to learn whether you may qualify.
