Circuit Court Clerk's Office

Expungement

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.

EXPUNGEMENT:

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:

Acquittal
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.

PROCEDURES:

Petition (Form CC-1473) and Order (Form CC-1474) are completed and filed by the plaintiff with the Circuit Court
You must obtain 4 copies of the charge(s)/warrant and disposition 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. DO NOT obtain your fingerprint cards until you have established your case with the Circuit Court. A copy of the Expungement Petition with the case number on it must be mailed to the Virginia State Police with the fingerprint cards.
Once the Court receives the State Police Report w/fingerprint cards and the Answer from the Commonwealth Attorney’s Office you can submit your Notice and Motion to place your case on the 9:00am Friday, Motions Day docket.
You can request your fingerprint cards be returned to you once the judge signs the order. If not requested within 30 days, the fingerprint cards will be destroyed.

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.

FORMS

Petition for Expungement

Instructions for Expungement

Expungement Order

9:00 a.m. Motion's Day Praecipe/Notice

Petition for Writ of Vacatur

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.