SE_A SE_B T_prep_A T_reqccre T_fp_B T_fileB T_le_submit T_ccre_fwd_A T_ccre_fwd_B T_sp_expunge SE_H SE_I SE_J T_clerk_receive G_no_hearing T_grant_nh T_destroy_fp T_hearing G_standard G_goodcause G_manifest T_grant_h T_deny T_return_fp_g T_return_fp_d G_appeal_g G_appeal_d T_H T_I T_J J_order T_clerk_forward T_refund G_void E_void E_final E_deny E_appeal T_ca_review G_ca T_ca_obj T_ca_noobj Subs. A: a person charged with a crime, civil offense, or any Title 18.2 offense who (1) is acquitted, or (2) has a nolle prosequi taken or the charge otherwise dismissed, may petition for expungement. f1 Subs. B: a person whose name or identification was used without consent by another who was charged/arrested under that name may petition the court that disposed of the charge. No fees. f5 Subs. H: when a charge is dismissed because the court finds the person arrested/charged is not the person named in the summons, warrant, indictment, or presentment. f36 Subs. I: upon receiving a copy of an absolute pardon for the commission of a crime the person did not commit. f37 Subs. J: upon receiving a copy of a writ of actual innocence vacating a conviction. f38 Subs. C: petition is filed in the circuit court of the county/city where the case was disposed; it must state the charge, date of final disposition, petitioner's DOB, the name used at arrest, and the arrest date and arresting agency if reasonably available (or the reason unavailable). From 7/1/2026 no court fees or costs are charged (subs. A). f1 f2 Subs. C: if e-transmission is unavailable, the CCRE sends a paper copy to the court, held under seal by the clerk. f2 f3 Subs. B and E. f5 f6 Subs. B. f6 f7 Subs. E. f7 f8 Subs. C. f3 f4 Subs. E. f8 f9 Subs. K (validation language effective 7/1/2026). f43 f44 Subs. D and M. f4 f9 f10 Subs. D and G. f10 f11 Subs. D. f11 f12 f13 f14 Subs. D. f12 f15 Subs. D and F. f13 f16 Subs. F: permitted only if the CA gave written notice of no objection AND, where the charge is a felony, stipulated manifest injustice. f14 f15 f16 f17 f18 Subs. F. f17 f19 Subs. E: applies where no hearing was conducted and fingerprints were filed (subs. B/H). f19 f20 Subs. F. f18 f21 Subs. F. f21 f22 f23 Subs. F: absent good cause, the petitioner is entitled to expungement; if good cause is shown, the general manifest-injustice standard governs. f22 f24 f25 Subs. F. f23 f25 f26 f27 Subs. F. f24 f26 f28 Subs. F. f27 f30 Subs. E (applies where fingerprints were filed). f28 f29 Subs. E (applies where fingerprints were filed). f30 f31 Subs. G. f20 f29 f32 f33 Subs. G. f31 f34 f35 Subs. H. f36 f39 Subs. I. f37 f40 Subs. J. f38 f41 Converging gateway: an order of expungement has been entered (any pathway). f33 f39 f40 f41 f42 Subs. K. f42 f43 Subs. L of the version effective until 7/1/2026; from 7/1/2026 no fees or costs are charged at filing. f44 f45 Subs. L (eff. 7/1/2026). f45 f46 f47 Subs. L. f46 Subs. K and M. f47 Subs. F. f35 Subs. G. f32 f34 This diagram models the statutory expungement process under Va. Code 19.2-392.2 as amended effective July 1, 2026. Expungement removes the police and court records of a charge from public access; sealed records may be disseminated only as allowed by 19.2-392.3. Effective 7/1/2026 no filing fees or costs are charged. Petitions filed before that date that paid costs are refunded by the clerk (17.1-275). Key authorities: 19.2-392.2 (expungement); 19.2-392.3 (dissemination of sealed records); 9.1-134 (State Police removal procedure); 2.2-402 (absolute pardon); 19.2-327.5 / 19.2-327.13 (writ of actual innocence); 19.2-151 (accord & satisfaction). The Commonwealth is the party defendant. If the Attorney for the Commonwealth files no objection within 21 days, the court may grant the petition without a hearing. ====== Expungement of Police and Court Records (Va. Code § 19.2-392.2) ====== This page models the **record expungement** process in Virginia as amended effective **July 1, 2026**. Expungement removes the police and court records of a charge from public access so that, in the eyes of the law, the event is treated as if it never occurred. Sealed records may afterward be disseminated only in the limited circumstances allowed by [[virginia_expungement_dissemination|§ 19.2-392.3]]. See also: [[virginia_criminal_procedure|Virginia Criminal Procedure]] · [[virginia|Virginia]] · [[jurisdictions|Jurisdictions]] ===== Who can file ===== A person may petition for expungement when one of the following **triggering events** occurs: * A charge is resolved by **acquittal, nolle prosequi, or dismissal** — including dismissal upon [[accord_and_satisfaction|accord & satisfaction (§ 19.2-151)]]. * The petitioner's **identity was used by another person** without consent in a charge or arrest. * At dismissal, the court finds the **arrestee is not the person named** in the charge. * The petitioner receives an **absolute pardon** for a crime not committed ([[absolute_pardon|§ 2.2-402]]). * A court enters a **writ vacating a conviction** ([[writ_of_actual_innocence|§ 19.2-327.5 / § 19.2-327.13]]). ===== The process, step by step ===== - **Prepare and file the petition** in the [[circuit_court|circuit court]] for the jurisdiction where the charge was disposed of. Attach the warrant, summons, or indictment if available and state the required facts. See [[expungement_petition|how to prepare an expungement petition]]. - **Obtain criminal-history records.** Request that the [[ccre|Central Criminal Records Exchange (CCRE)]] electronically forward the petitioner's Virginia criminal history to the court, and obtain one complete set of [[fingerprinting|fingerprints]] from a law-enforcement agency. - **The CCRE / [[virginia_state_police|Department of State Police]]** forwards the criminal-history record (and fingerprints) to the court under seal and, where applicable, directs the manner of removal under [[record_removal_procedure|§ 9.1-134]] — validating record accuracy, not eligibility. - **The clerk dockets** the petition and serves a copy on the [[attorney_for_the_commonwealth|Attorney for the Commonwealth]], keeping pleadings under seal. - **Commonwealth review (21 days).** The Commonwealth is the party defendant. If it files no objection within 21 days (and, for a felony, stipulates [[manifest_injustice|manifest injustice]]), the court may grant the petition **without a hearing**. Otherwise the court holds a [[expungement_hearing|hearing]]. - **Court decision.** For a misdemeanor or civil offense where the petitioner has no prior record, expungement is entered unless the Commonwealth shows good cause. In other cases the petitioner must show manifest injustice. The court enters an order of expungement or denies the petition; an aggrieved party may [[civil_appeal|appeal as in civil cases]]. - **Post-order.** The clerk forwards the order to the [[virginia_state_police|Department of State Police]], refunds any costs paid on pre-7/1/2026 petitions ([[court_costs|§ 17.1-275]]), and the records are sealed. An order may be **voided on motion within three years** if procedures were not followed or it is contrary to law. ===== Roles (swimlanes) ===== * [[petitioner|Petitioner (and counsel)]] * [[law_enforcement_agency|Law-enforcement agency]] * [[ccre|CCRE / Department of State Police]] * [[circuit_court|Circuit Court (clerk & judge)]] * [[attorney_for_the_commonwealth|Attorney for the Commonwealth]] ===== Key statutes ===== * [[va_code_19.2-392.2|§ 19.2-392.2]] — Expungement of police and court records * [[virginia_expungement_dissemination|§ 19.2-392.3]] — Dissemination of expunged/sealed records * [[record_removal_procedure|§ 9.1-134]] — State Police removal procedure * [[absolute_pardon|§ 2.2-402]] — Absolute pardon * [[writ_of_actual_innocence|§ 19.2-327.5 / § 19.2-327.13]] — Writ of actual innocence * [[accord_and_satisfaction|§ 19.2-151]] — Accord & satisfaction * [[court_costs|§ 17.1-275]] — Costs and refunds