Virginia Expungement Attorney

A criminal record can feel like a weight that never lifts. Even dismissed charges may appear on background checks, creating barriers to employment, housing, and personal opportunities. Without legal action, that record remains—even if you were never convicted.

At Welch & Wright, PLLC, we understand the stress of carrying that burden. We guide clients through Virginia’s expungement process, from eligibility reviews to hearings in circuit court. Our goal is to help you pursue a clean record and a fresh start.

Do I Need a Lawyer to Expunge My Record in Virginia?

Individuals may file an expungement petition without legal representation, but the process is complex. It involves:

• Obtaining certified copies and preparing the petition to file.
• Filing in the correct circuit court.
• Providing fingerprints for background checks.
• Serving the petition on the Commonwealth’s Attorney.
• Attending hearings where “manifest injustice” may need to be shown.

Mistakes in paperwork or missed deadlines can cause delays or denials. Working with a defense attorney can help reduce those risks. At Welch & Wright, PLLC, we review your eligibility, prepare and file petitions, and represent you during hearings so you have informed guidance at every step.

How Our Expungement Attorney Can Help You

When you work with Welch & Wright, PLLC, we assist with every step of the process, including:

• Reviewing your criminal history for eligibility under Virginia expungement law.
• Preparing and filing petitions in circuit court.
• Representing you during the expungement hearing process.
• Communicating with the Commonwealth’s Attorney and law enforcement agencies.
• Following through until your record is expunged.

Our role as your defense attorney is to help you move forward with confidence and clarity.

Why Choose Welch & Wright, PLLC

We are a Hampton Roads criminal defense law firm deeply connected to this community. Our attorneys have represented clients facing a wide range of criminal matters, from misdemeanor charges to serious felony cases. That background gives us a practical understanding of how criminal records affect people’s lives and why expungement can be an important step toward moving forward.

At Welch & Wright, PLLC, we approach expungement cases with both knowledge of Virginia law and a commitment to clear communication. We guide you through eligibility reviews, petition filings, and hearings so you understand what to expect at every stage. Our focus is on helping clients remove barriers tied to past charges and pursue new opportunities with confidence.

Testimonials

“Nick did a great job explaining legal processes, my options, and best course of action; all while allowing me to make my own decisions. In the end it was a great result for me. Highly recommend.” — Colin

“Nick has been my defense attorney twice, both outcomes were better than expected. This is because He is honest, personable, of course a great communicator, hardworking and dedicated to his clients. He advised me on my rights, and throughout the process would make sure I knew what my options were. I can’t thank him and this law firm enough for what they have done for me. If you find yourself needing a defense attorney, call Nick Wright you will be so glad you did!” — Nicholas

“Calum and his team were able to get all of my stuff dropped, extremely professional and personable group. Huge shoutout to them for taking care of me. Will definitely recommend them to all of my friends and be using them in the future. 10/10” — James

What Is Clean Slate Virginia?

Virginia’s Clean Slate initiative was created to automatically seal certain charges from public view, including some misdemeanor convictions and deferred dismissals. However, the full program is not expected to go into effect until July 1, 2026, and it will only apply to specific offenses.

Even when Clean Slate becomes active, many cases, especially those involving felony charges or complex dispositions, will still require formal petitions for expungement or record sealing. Our attorneys at Welch & Wright, PLLC, stay ahead of these changes and can help you understand whether Clean Slate, petition-based sealing, or traditional expungement is the right fit for your record and your goals.

What Is the New Law for Expungement in Virginia?

Before 2021, expungement in Virginia applied mainly to acquittals, dismissals, and cases of mistaken identity. Legislative reforms have since expanded eligibility, introduced broader record sealing options, and laid the foundation for Clean Slate Virginia.

These changes create new opportunities for individuals to have records sealed or expunged. However, the process still requires compliance with Virginia Code § 19.2-392.2, including filing requirements and court procedures.

What Does Expunging a Record Do?

Expungement is the legal process of removing certain arrests or charges from public view in criminal records. In practical terms, it makes past legal issues far less visible in background checks, helping to open doors to employment, housing, education, and personal opportunities.

It is important to note that eligibility and procedures vary, and in Virginia, expungement applies only in limited circumstances. At Welch & Wright, PLLC, we help clients understand whether their case qualifies and guide them through the steps toward a clean record.

Expungement vs. Sealed Record

Virginia law recognizes both expungement and record sealing, depending on the circumstances:

• Expungement removes certain charges from public court records.
• Record sealing limits access to a record but still allows law enforcement and some agencies to review it.

How Much Does an Expungement Cost in Virginia?

The cost of an expungement in Virginia depends on your case. As the person petitioning to have the charges expunged, you may be required to pay filing fees to start the process, with an additional fee to have the Commonwealth’s Attorney served with a copy of the petition. You may also incur other costs, including:

• Attorney’s fees, which vary based on the complexity of your case.
• Fees for fingerprinting and criminal background checks.
• Fees for certified copies from the court clerk’s office.

Filing on your own may appear less expensive, but mistakes can lead to delays or repeated filings. Working with an attorney can help avoid those issues and provide guidance throughout the process.

When Can a Virginia Court Grant an Expungement?

A Virginia court may grant an expungement order in situations such as:

• The charges were dismissed, though many deferred dismissals (such as a first offender program) are not eligible.
• The petitioner was acquitted or found not guilty at trial.
• The charges resulted from identity theft.
• Certain juvenile court records apply.

In many cases, the court must also decide whether keeping the record public would create a “manifest injustice,” meaning clear and unfair harm that outweighs the public’s interest in access.

How to Apply for Expungement in Virginia

The expungement process in Virginia involves several steps:

• Determining eligibility under Virginia expungement law.
• Filing a petition in circuit court.
• Submitting fingerprints for a Virginia State Police background check.
• Serving the petition on the Commonwealth’s Attorney.
• Attending a hearing if the court requires one.

Each step requires careful attention to detail, and errors can cause delays or result in a denial. A defense attorney can guide you through the process by reviewing your eligibility, preparing accurate filings, and representing you in court if a hearing is scheduled. At Welch & Wright, PLLC, we assist clients throughout this process so they know what to expect and can move forward with confidence.

The Expungement Hearing Process

At an expungement hearing, the defense attorney presents evidence supporting the petition, and the Commonwealth’s Attorney may raise objections. The judge then decides whether the petitioner has shown manifest injustice. The outcome is either granting or denying the expungement request.

Who Is Eligible for an Expungement in Virginia?

The following individuals may qualify for expungement in Virginia:

• Those who were acquitted or found not guilty.
• People whose charges were dismissed with prejudice.
• Individuals whose charges were dropped through a nolle prosequi (formal withdrawal by the prosecutor).
• People charged due to mistaken identity or identity theft.
• Certain individuals with juvenile court records, in limited circumstances.
• Individuals who received an absolute pardon from the governor.

Who Is Not Eligible for Expungement?

Expungement is generally not available in the following situations:

• Criminal convictions, whether felony or misdemeanor, unless the governor has granted an absolute pardon.
• Cases where the individual entered a guilty plea or where a deferred disposition involved a finding of guilt.
• Serious felony convictions, such as violent offenses.

Some deferred dismissals may qualify for expungement depending on how the case was resolved. And beginning in 2026, Virginia will offer broader relief through a separate record sealing process for certain convictions and dismissals. Our attorneys can help determine what remedies may apply to your situation.

What Charges Are Eligible for Expungement?

Expungement in Virginia may be available for charges such as:

• Certain dismissed charges with no conviction.
• Charges dismissed due to mistaken identity or false use of identity.
• Not guilty verdicts (acquittals).
• Certain juvenile records, under limited circumstances.
• Cases involving an absolute pardon granted by the governor.

Determining eligibility often requires reviewing the details of your record and the specific circumstances of your case. At Welch & Wright, PLLC, we help clients assess whether their charges qualify and guide them through the expungement process from start to finish.

What Crimes Cannot Be Expunged in Virginia?

Under current Virginia law, several offenses cannot be expunged:

• Convictions, including DUI, violent felonies, domestic violence, and larceny.
• Cases where the defendant pled guilty or entered a plea agreement.
• Deferred dispositions, such as first offender programs, because they involve an admission of guilt before dismissal.

For individuals ineligible for expungement, other legal remedies may sometimes be available. Welch & Wright, PLLC, can review your record and explain the options that apply to your situation.

How Long Does the Expungement Process Take in Virginia?

The length of the expungement process in Virginia depends on several factors, including the circuit court’s schedule, any objections raised by the Commonwealth’s Attorney, and the type of charges involved. In many cases, the process can take several months, and in some instances, it may last more than a year.

Effects of Expungement in Virginia

When an expungement is granted in Virginia, court records are sealed from public view, and background checks no longer show the cleared charges. Certain agencies, including law enforcement, may still access the information, but individuals gain greater privacy and relief from the impact of past charges on everyday opportunities.

Why Should I Consider Having My Record Expunged?

Even when charges do not result in a conviction, they may still appear in background checks. Expungement helps reduce those barriers and offers benefits such as:

• Improving opportunities for employment and housing.
• Reducing the stigma of a public criminal record.
• Protecting your privacy in the community.
• Providing peace of mind and closure.

What if My Expungement Petition Is Denied?

If the court denies your petition, you still have legal options, such as:

• Appealing the decision
• Re-filing if Virginia expungement law changes in the future
• Seeking an absolute pardon or alternative remedies

What Happens After an Expungement Is Granted in Virginia?

When a Virginia court grants an expungement, several steps follow to remove the record from public access:

• Courts and law enforcement agencies seal the charges from public records.
• The Virginia State Police update their databases to reflect the expungement.
• Background checks no longer display the cleared charges.

This process provides the opportunity for greater privacy and a fresh start.

Do You Have to Disclose an Expunged Record?

Once a record is expunged in Virginia, you generally do not have to disclose it to private employers, landlords, or schools. However, exceptions may apply in certain situations, such as applications involving government security clearances, military service, or professional licensing boards.

Speak With Our Criminal Defense Attorney About Your Expungement Options

If you are ready to take the next step toward clearing your record, Welch & Wright, PLLC, is here to help. Call us at 757-707-8803 or reach us through our online contact form to schedule a free consultation. A defense attorney from our team can review your record, explain your options, and guide you through the expungement process.