Expungements & Record Sealing Defense FAQs

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 Expungement, also called record sealing, is a legal process that allows eligible individuals to have certain criminal records removed or hidden from public view. Expunged records generally cannot be accessed by employers, landlords, or the general public.

 Eligible cases in Virginia include:

• Acquittals or not guilty verdicts 
• Dismissed charges 
• Certain first-time misdemeanor convictions under qualifying conditions 
• Juvenile offenses 
• Charges where the statute of limitations has expired 

Some felony convictions and serious offenses are not eligible for expungement.

 In Virginia, the terms are often used interchangeably. Expungement removes or destroys a record, while record sealing limits public access. Both help prevent employers, landlords, and others from seeing the criminal record.

 To apply:

1. Determine if your offense qualifies 
2. File a petition with the appropriate Virginia Circuit Court 
3. Notify the Commonwealth’s Attorney 
4. Attend a hearing if required 
5. Receive a court order to seal or expunge your record 

An experienced attorney can handle paperwork, filings, and hearings to improve your chances of approval.

 Processing times vary by court but usually range from several weeks to a few months. Delays can occur if additional notifications, objections, or hearings are required.

 Expungement removes your record from public view, but certain law enforcement agencies and background check services may still have access. Some agencies may require a separate request to fully remove the record.

 No. Certain serious convictions, such as violent felonies, sexual offenses, or repeat felonies, are typically ineligible for expungement. First-time nonviolent misdemeanors are more commonly eligible.

 Yes. An attorney can:

• Determine eligibility 
• Prepare and file the petition correctly 
• Handle objections from the Commonwealth’s Attorney 
• Represent you in court hearings 

Proper legal guidance significantly increases the likelihood of success.

 Expunged records are generally not visible to employers, landlords, or educational institutions. However, certain government agencies, law enforcement, and licensing boards may still access the records depending on the case.

 Yes. Juvenile records are often eligible for expungement or sealing once the minor reaches adulthood, though a petition and court approval are required.