Expungement Attorney in Virginia

An arrest and criminal record can have a long-lasting impact on your life.

Even if you are charged and not convicted, the stigma that comes with an arrest could cause you to lose out on important educational, employment, and housing opportunities. When you have lived a law-abiding life, or simply made mistakes as a young person, you should not be forever haunted by your involvement with the criminal justice system.

Fortunately, in Virginia, you may be entitled to seek an expungement of the records of your arrest and prosecution for criminal charges that you ultimately were not convicted for. An expungement can give you a fresh start, free of the burden of an arrest record. However, expungements are not automatically granted. For this reason, you should seek help from a skilled and experienced Virginia expungement lawyer.

Attorney Samantha Upton can handle all the legal legwork of applying for an expungement and make the whole process less stressful for you. To learn more about whether you are eligible to apply for an expungement of your record and the steps involved, contact Upton Law, PLLC today. Samantha will provide free, no-obligation consultation on your case and quote you a flat fee for how much an expungement would cost.

Qualifications for Expungement in Virginia

In Virginia, a person may be entitled to seek expungement of criminal records for charges that did not result in a conviction. Examples of records that can be expunged in Virginia include records of:

  • Charges dismissed with or without prejudice
  • Charges dismissed by accord and satisfaction
  • Charges that resulted in a not guilty verdict
  • Arrests that did not lead to convictions
  • Charges for which you later received an absolute pardon
  • Charges that were erroneously placed on your record due to identity theft or mistaken identity
  • Juvenile convictions

An adult criminal conviction cannot be expunged in Virginia, unless you later receive an absolute pardon for the charge.

Process for Obtaining an Expungement in Virginia

You begin the process of obtaining an expungement by filing a petition with the Circuit Court in the county where your charge arose.

You will have to submit to fingerprinting along with your petition. After your petition is filed, the Commonwealth’s attorney will receive notice of your petition. The attorney will have an opportunity to object to your petition.

Ultimately, your petition may be scheduled for a hearing before the court. At a hearing, you may need to establish that good cause exists to expunge your record. A court may be willing to grant an expungement of a single misdemeanor offense without much discussion. However, you may need to show good cause to grant your petition if you have several offenses or felonies on your record.

To establish good cause, you typically must show that your record has damaged your reputation and interfered with different aspects of your life such as your ability to secure employment, housing, or educational opportunities. If the court finds that good cause exists to expunge your record, the court will grant your petition. There are times when an attorney can avoid the requirement for a hearing.

Major Expansion of Expungement Law

HB 2113: Sealing of criminal records; penalties. Establishes a process for the automatic sealing of police and court records, defined in the bill, for certain convictions, deferred dispositions, and acquittals and for offenses that have been nolle prossed or otherwise dismissed. The bill also allows a person to petition for the sealing of police and court records relating to certain convictions. The bill has staggered delayed effective dates in order to develop systems for implementing the provisions of the bill. As introduced, this bill was a recommendation of the Virginia State Crime Commission and is identical to SB 1339.

Contact Samantha

Have a Question About Your Case? Call Us Today:

Expungement FAQs

The following are answers to a few of the questions about expungement that people frequently ask. You can also get answers to any specific questions about your case during a free consultation with Virginia expungement lawyer Samantha Upton.


What does an expungement do?

If you obtain an expungement of your arrest record or juvenile record, it has the effect of removing your record from public view. This means that these records will not show up on background checks that review public criminal record databases. Certain parties, including law enforcement agencies and courts, may still access expunged records under certain circumstances.

What records are not eligible for expungement in Virginia?

Adult criminal conviction records are not eligible for expungement in Virginia. Additionally, arrest and juvenile records that are held by private companies are technically not subject to an order of expungement from the court. However, if you obtain an expungement, you can often work with those companies to remove their records from public access.

Should I get a lawyer for expungement?

Although you can file an application for expungement without an attorney, having a lawyer to guide you through and represent you during the expungement process will maximize your chances of getting your request for expungement approved.

How a Virginia Expungement Lawyer Can Help You

If you are ready for a clean slate, Virginia expungement attorney Samantha Upton can guide you through the process and work to give you the best chance at having your petition granted by the court. With Upton Law, PLLC, you can expect:

  • An honest, straightforward assessment of your case, including your eligibility for expungement and the likelihood of the court granting your petition
  • Thorough preparation of your petition, including gathering all required documentation for your petition
  • Readied representation throughout the petition process, including responding to any objection by the Commonwealth’s attorney
  • Skilled advocacy during the hearing on your petition, including the presentation of evidence that goes toward showing good cause for the court to grant your expungement

Upton Law, PLLC can make the process of seeking an expungement of your record simple by quoting you a flat fee upfront for your expungement matter. So, you will never need to worry about running up fees just to talk to your attorney.

Talk to a Virginia Expungement Attorney Now

If you have a criminal record that continues to impact your personal and professional life, you should talk with Virginia expungement attorney Samantha Upton about your legal options. Contact Upton Law, PLLC today for a free, confidential consultation.

Learn More About Samantha
Schedule a Free Consultation

Fill out the form below to set up a case review with one of our attorneys at no cost.

Questions? Call us
804-508-7866 request a Callback