Expungement of police & court records
The information provided is for procedural purposes only. It is not intended as legal advice and should not be used as such. The Clerk's Office cannot advise you or determine which charges are eligible for expungement. It is recommended to seek the advice of an attorney. Proceeding 'Pro Se' means that you are acting as your own attorney and that you are responsible to file the appropriate forms and/or documents and that you are responsible for their content.
A court ordered process in which the legal records of an arrest or a criminal conviction is erased in the eyes of the law. An expungement may be granted when any of the following has occurred:
- Nolle Prosequi
- Dismissal [including dismissal pursuant to VA Code §19.2-151]
- Absolute Pardon or if an individual's name used in error and wrong person arrested [VA Code §19.2-392.2(H)] or identification used without consent [VA Code §19.2-392.2(B)]
When a criminal record is expunged, the record is NOT destroyed but removed from public access. Three (3) years from the date the Expungement order is entered, the records are then destroyed.
- Petition (Form CC-1473) and Order (Form CC-1474) are completed and filed by the plaintiff with the Circuit Court
- You must obtain 1 certified copy of each of the charge(s)/warrant(s) and disposition(s) you are filing to expunge. This can be obtained through the court your criminal case was heard in. If you are unable to obtain a copy of the warrant, please provide as much and as accurate information as possible regarding the charge(s).
- Provide the court with the original petition, order and warrant/disposition. You will need to make three additional copies of all documents (one for service to the Commonwealth, one for fingerprints for the State Police and one for your records). The court can make copies of your documents for an additional $0.50 per page.
- The filing fee is $98.00; once your case is entered you will receive a case number. Any future documents should have this number on them.
- Once your case is filed; service will be issued to the Commonwealth of Virginia.
- You will be given a copy of your documents to take to the State Police for fingerprints.
- You must submit a 'Notice and Motion' to place your case on the Friday, Motion's Day Docket at 9:00a.m. to go before the judge. The State Police Report and the answer from the Commonwealth you must file a Notice and Motion to place your case on the docket to go before the judge. This hearing is on a Friday, Motion's Day at 9:00a.m.
- You have 30 days from the entry of the order to request your fingerprint cards be returned from the Circuit Court.
NOTE: If the judge grants your expungement the $86.00 filing fee will be returned to you. Please be sure the court has your correct address and contact information.
ABSOLUTE PARDON EXPUNGEMENT:
There is no filing fee for an expungement in the case of an absolute pardon. A copy of the letter granting the pardon must be filed along with a completed order for expungement. Fingerprints are not required.
|Filing||$98 cash or check payable to "Clerk of Circuit Court"||$86 filing fee + $12 service fee|
|Copies||50 cents per page|||
|Certification||$2 per document|||
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if you find that any of the links on this page do not work.