Relevant Code Sections

§ 19.2-392.2. Expungement of police and court records.

Procedure

Expungement is possible where the defendant in a criminal case is acquitted and files a petition which includes the defendant’s personal information, the charge to be expunged and all other information pertaining to those charges.

Attached to the petition should be:

1. Two copies of the petition; and

2. Certified copies of warrants that the Judge previously dismissed.

The Petitioner must provide a copy of the Petition to the local law enforcement agency to obtain a finger print card. The Police Department will then forward the fingerprint card to the Central Criminal Records Exchange (CCRE). CCRE will then forward, under seal, the Petitioner’s criminal history and the set of fingerprints to the Court. The case cannot proceed until this is accomplished.

The Petitioner will serve a copy of the petition and warrant on the Commonwealth Attorney by the Sheriff’s Office.

Upon being served, the Commonwealth’s Attorney will respond with an “Answer”, either agreeing or disagreeing with the request for expungement.

If the Commonwealth states in their answer that they are in agreement with the Petition for Expungement, the Petitioner then prepares an order. Form CC-1474may be used. The petitioner should attach an additional page for the endorsement of the Commonwealth. The Order then is forwarded to the Court for entry.

If the Commonwealth objects, the Petitioner should schedule a hearing for a Judge’s ruling on the request.

The judge will review the petition and if there is no objection will sign the Order.

The Clerk will forward three certified copies of the Order to the Petitioner and will forward the Order to the appropriate law enforcement agency in order to have the charges expunged. Please note that this process can take from 3- 6 months to be completed.

Costs

As of December 1, 2010, the filing fee, including the Service of Process charge, is $96.00.

The clerk’s office accepts payments in the form of cash, check, money order or credit card.

Attorney fees

If uncontested by the Commonwealth Attorney, this process is charged on a fixed fee of $250.00.

Should the Commonwealth Attorney object, the standard hourly rate (currently $195/hour) would apply.