Can a criminal conviction be expunged in Virginia
Under Virginia law, most criminal convictions cannot be expunged. Expungement in Virginia is limited to situations where a charge was dismissed, resulted in acquittal, or was not prosecuted (nolle prosequi). If you were convicted of a crime, that conviction generally remains on your record unless it falls under narrow exceptions, such as first-offense marijuana possession resolved through deferred disposition. However, a charge that did not lead to a conviction may be eligible for removal from public court and police records under Va. Code § 19.2‑392.2. The process involves petitioning the circuit court where the charge was filed. Mr. Sris and the firm’s Of Counsel attorneys assist individuals throughout Virginia in pursuing expungement and understanding post‑conviction relief options. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation about your specific situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Expungement in Virginia: What the Law Allows
Expungement under § 19.2‑392.2 removes police and court records related to a criminal charge when the individual was not convicted. This includes cases where a nolle prosequi was entered, the charge was dismissed outright, or the accused was found not guilty after trial. The law is strict: if you pleaded guilty or were found guilty after trial, that conviction typically cannot be expunged, even if you later completed probation or paid all fines. Virginia’s traditional expungement framework does not offer relief for most convictions.
For certain first‑time drug‑possession offenses, a different path exists. Under Va. Code § 18.2‑251, a person charged with a first offense of possession of a controlled substance or marijuana may be placed on deferred disposition. If the person successfully completes all conditions—which may include substance‑abuse screening, treatment, and community service—the court discharges the individual and dismisses the charge. Once dismissed, the record may then be eligible for expungement under § 19.2‑392.2 as a non‑conviction. This pathway is especially relevant for many prior marijuana‑possession cases. Mr. Sris and the firm’s Of Counsel attorneys can evaluate whether your drug‑case resolution qualifies.
Virginia’s newer record‑sealing framework (Va. Code §§ 19.2‑392.5 through 19.2‑392.16) represents a separate and broader set of rules phased in over time. That statute allows some misdemeanor convictions to be sealed automatically after a period of good behavior. However, the sealing regime is distinct from expungement, and many of its provisions are still being implemented. Our firm stays current on these developments and can advise which remedy—expungement or sealing—may be available in your case.
Eligibility: Charges That Can Be Expunged
You may qualify for expungement if your charge ended in one of the following ways:
- Acquittal after trial
- Dismissal by the court (with or without prejudice)
- Nolle prosequi (the prosecutor elected not to pursue the case)
- Deferred disposition resulting in dismissal (such as the first‑offender drug program under § 18.2‑251 or the domestic‑assault first‑offender program under § 18.2‑57.3)
- Withholding of adjudication that resulted in dismissal
If you were convicted—whether by plea or verdict—the conviction itself cannot be expunged through this statute. However, separate avenues like a gubernatorial pardon may restore rights, and we can guide you on that process as well.
Frequently Asked Questions
What exactly is expungement in Virginia?
Expungement is a court‑ordered destruction or removal of police and court records relating to a criminal charge that did not result in a conviction. When a charge is expunged, the Virginia State Police and the relevant local agencies are directed to purge those records from public access. The record is not completely erased for all purposes—it may still be available to certain government entities—but it no longer appears on background checks run by most employers, landlords, and licensing boards. Expungement restores your legal presumption of innocence for that charge.
Can a felony conviction be expunged?
No, a felony conviction cannot be expunged under Virginia law as it currently stands. The expungement statute only covers non‑conviction dispositions. Even if you served your sentence and completed probation, the felony conviction remains on your record. The record‑sealing framework, once fully implemented, may provide relief for some misdemeanors and certain felony convictions, but that is separate from traditional expungement. Our attorneys can review your record and help you determine whether any sealed‑record relief may apply.
How does expungement differ from record sealing?
Expungement physically removes records; sealing restricts access without destroying them. Virginia’s traditional expungement (Va. Code § 19.2‑392.2) orders law enforcement agencies to destroy or return records to you. Sealing, under the 2021 framework, prohibits public access to the records but does not physically destroy them. Sealing may apply to some convictions automatically after a waiting period, while expungement generally requires a petition and applies only to non‑convictions. Both outcomes improve your privacy and employment prospects, but the pathways are different. Our firm can explain which option fits your situation.
What if my charge was dismissed after completing a first‑offender program?
Dismissal after completing a first‑offender program makes the charge eligible for expungement as a non‑conviction. Programs under Va. Code § 18.2‑251 (drug possession) or § 18.2‑57.3 (domestic assault) allow the court to dismiss the case upon successful completion. Once dismissed, you can petition for expungement because there was no conviction. You must still prove that continued existence of the records constitutes a manifest injustice. An experienced attorney can help prepare a compelling petition demonstrating that the dismissed charge is harming your employment or housing opportunities.
How long does expungement take in Virginia?
The process generally takes several months, depending on the court’s docket and whether the Commonwealth objects. After filing the petition, the court sets a hearing. The prosecutor has an opportunity to respond. If no objection, a judge may sign the order relatively quickly. If the prosecutor opposes, a contested hearing may extend the timeline. Each case is unique; we work to move matters through as efficiently as the court’s calendar permits. When you consult with us, we can provide a realistic timeline based on the specific locality.
Will an expunged record show up on a background check?
Generally, no—once a record is expunged, it should not appear on most criminal background checks. The Virginia State Police and the originating court agency are ordered to remove public access to the records. Most private employers, landlords, and licensing agencies will not see the expunged charge. However, certain law enforcement and government‑specific databases may retain access, and some federal agencies may have records that were not caught in the expungement order. We can discuss these limitations with you in detail so you understand what to expect.
Do I need a lawyer to file for expungement?
You are not legally required to have a lawyer, but an attorney can significantly improve your chances of a successful petition. The process involves drafting a detailed petition, serving it on the appropriate parties, and appearing in court to argue why expungement is justified. The Commonwealth’s Attorney may oppose the petition, and the judge must be convinced that the continued existence of the records causes a “manifest injustice.” An experienced attorney understands how to frame that argument effectively. Mr. Sris and the firm’s Of Counsel attorneys regularly handle expungement hearings and can build a strong case on your behalf.
Can a DUI conviction be expunged?
No, a DUI conviction in Virginia cannot be expunged. Virginia treats driving under the influence as a criminal conviction, and convictions are not eligible for expungement. If your DUI charge was dismissed, reduced to reckless driving, or you were found not guilty, you may be able to expunge the DUI arrest record. However, if you were convicted—even for a first offense—the conviction is permanent on your criminal record. Our firm frequently defends DUI cases and can explain the long‑term consequences of a conviction during your initial consultation.
What is the first step to start an expungement?
The first step is obtaining a copy of your criminal record to confirm the disposition of each charge. You can request your Virginia criminal history from the Virginia State Police. Once you know exactly which charges ended in acquittal, dismissal, or nolle prosequi, an attorney can evaluate eligibility and file a petition in the circuit court where the charge originated. The petition must explain why manifest injustice would result if the records are not destroyed. We can handle this entire process, from obtaining your record to presenting your petition at the hearing.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Law Offices Of SRIS, P.C., founded in 1997, serves clients throughout Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris, Owner and Founder, is a former prosecutor and brings that perspective to every case he handles. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
The firm’s Of Counsel attorneys work alongside Mr. Sris on criminal defense and expungement matters. They appear in courts across Virginia, from Northern Virginia to Richmond and the Shenandoah Valley. When you reach our firm, you gain the benefit of attorneys who understand the nuances of Virginia’s expungement procedures and the local practices of circuit courts where petitions are heard.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Visit our Virginia Criminal Defense page for more information on related topics.
Explore Virginia Expungement Process for additional procedural details.
See Criminal Record Sealing in Virginia for the newest developments.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.