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An arrest record — even without a conviction — can appear on background checks and affect your employment, housing, and professional licensing. Virginia's expungement law allows certain records to be sealed from public view. D.J. Rivera helps clients navigate the expungement process and take back control of their future.
Free Consultation — Available 24/7Virginia Code § 19.2-392.2 allows a person to petition the circuit court to expunge (seal) their arrest record if: (1) the charge was dismissed; (2) the person was acquitted; (3) the person received an absolute pardon; or (4) the charge was a first-offense marijuana possession conviction (under the 2021 amendments). Virginia significantly expanded its expungement law in 2021, adding a new category of "deferred disposition" expungements for certain misdemeanor convictions.
Importantly, Virginia does not allow expungement of most criminal convictions — only dismissed charges, acquittals, and certain deferred dispositions. This makes it critical to fight charges aggressively at the outset rather than simply pleading guilty, as a conviction will generally remain on your record permanently.
| Record Type | Eligible for Expungement? | Notes |
|---|---|---|
| Charge dismissed (nolle prosequi) | Yes | Petition required; court has discretion |
| Acquittal at trial | Yes | Petition required; court has discretion |
| Absolute pardon | Yes | Petition required |
| Deferred disposition (misdemeanor) | Yes (2021 law) | After successful completion of deferral period |
| First-offense marijuana possession conviction | Yes (2021 law) | Automatic for convictions before July 1, 2021 |
| Misdemeanor conviction (general) | No | Virginia does not allow expungement of most convictions |
| Felony conviction | No | Virginia does not allow expungement of felony convictions |
| Juvenile adjudication | Limited | Separate process under § 16.1-306 |
Step 1 — Eligibility review: D.J. Rivera reviews the client's complete criminal history to identify all records that are eligible for expungement. This includes charges that were dismissed, nolle prossed, or resulted in acquittal, as well as deferred dispositions that were successfully completed.
Step 2 — Petition filing: D.J. Rivera prepares and files the expungement petition in the circuit court where the charge was heard. The petition must include a copy of the charge, the disposition, and the petitioner's fingerprints.
Step 3 — Commonwealth's Attorney review: The Commonwealth's Attorney has the right to object to the expungement. D.J. Rivera responds to any objections and argues for the expungement at a hearing if necessary.
Step 4 — Court hearing and order: The circuit court holds a hearing and, if the petition is granted, enters an expungement order directing all agencies to seal the record. D.J. Rivera follows up to ensure the order is properly implemented by all relevant agencies.
An expungement order in Virginia seals the record from public view — it will not appear on most background checks. However, certain government agencies (law enforcement, courts, some licensing boards) may still access sealed records. An expungement is not a complete erasure, but it significantly limits who can see the record.
The Virginia expungement process typically takes 3–6 months from petition filing to final order, depending on the court's docket and whether the Commonwealth's Attorney objects. D.J. Rivera works to move the process as quickly as possible.
Generally, no. Virginia does not allow expungement of criminal convictions, including guilty pleas. The only exceptions are first-offense marijuana possession convictions and certain deferred dispositions. This is why it is so important to fight charges aggressively rather than simply pleading guilty.
A pardon forgives the offense but does not seal the record. An expungement seals the record from public view but does not forgive the offense. An absolute pardon is one of the bases for seeking expungement in Virginia.
D.J. Rivera will review your eligibility and guide you through the expungement process. Free consultation available 24/7.
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