In Virginia, individuals with criminal records may have the opportunity to clear their names and move forward with their lives by sealing or expunging their records. While these legal options offer a second chance, understanding the distinction between sealing and expunging a record—and knowing whether you qualify—can be complex. NovaLegalGroup, P.C. is here to guide you through this process, explaining the eligibility criteria and the steps involved in sealing or expunging a criminal record in Virginia.
Can a Criminal Record Be Sealed or Expunged in Virginia? 
In Virginia, a criminal record can either be sealed or expunged, but it’s important to understand that these two processes are different. Sealing a record means it remains on file but is not visible to most employers, landlords, or others conducting background checks. Expungement, on the other hand, completely removes the record from public access as if it never existed. Both options are not available for everyone, and understanding the eligibility criteria is crucial in determining if either option is right for you.
At NovaLegalGroup, P.C., we believe in helping individuals who have made mistakes in the past have the chance to start fresh. Whether you were acquitted, had charges dropped, or completed a successful probation period, you might be eligible to have your record sealed or expunged. This guide breaks down what you need to know about the process, including the criteria, application steps, and common misconceptions.
Expungement in Virginia
Expungement is the legal process of completely removing a criminal record from public access. However, in Virginia, expungement is only available under very specific conditions. Here’s what you need to know:
- Acquittals: If you were acquitted of a crime, meaning you were found not guilty in court, you are eligible for expungement. The fact that you were acquitted is a key part of proving that you should not have a criminal record to begin with.
- Dismissals: If charges against you were dropped or your case was dismissed before it went to trial, you may be able to expunge the record. This is particularly relevant for those who were not convicted but were still arrested or charged.
- Not Guilty Findings: If a court finds you not guilty of the crime you were charged with, you can file for expungement. The state recognizes that if you were not guilty, the record should not remain public.
- First-time Offenses: In some cases, first-time offenders, especially those charged with misdemeanors, may qualify for expungement. These cases are usually considered on an individual basis, with factors like the nature of the crime and the person’s background taken into account.
If you believe that you might be eligible for expungement, consulting with a skilled criminal defense lawyer is an essential first step. The laws surrounding expungement can be difficult to navigate without proper legal counsel, and NovaLegalGroup, P.C. is here to help guide you through this process.
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Sealing a Criminal Record in Virginia
Unlike expungement, sealing a criminal record doesn’t remove it entirely. Instead, sealing a record makes it inaccessible to most employers, landlords, and others who might perform background checks. While it doesn’t erase the record, it can significantly limit who can view it. Here’s what you should know about sealing your record:
- Non-Conviction Cases: If you were arrested but never convicted, you may qualify to have your record sealed. Even if charges were brought against you, if they were dropped or you were acquitted, sealing may be an option.
- Completion of Probation: If you were convicted of a misdemeanor or felony and served your sentence, including probation, without any further legal issues, you may be eligible to have your record sealed. The successful completion of probation demonstrates that you’ve paid your dues to society and are now living lawfully.
- Certain Offenses: Specific offenses, like some drug crimes, may be eligible for sealing under Virginia law. However, violent offenses or serious felonies typically do not qualify.
Sealing a record is an important option for those who don’t qualify for expungement. While it doesn’t completely erase the record, it provides individuals with more privacy and protection against discrimination. At NovaLegalGroup, P.C., we can help determine whether sealing your record is an option based on the specifics of your case.
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How to Apply for Expungement or Sealing
The application process for expungement or sealing in Virginia is similar, but each requires separate petitions to be filed with the appropriate courts. Below are the general steps involved:
- Eligibility Check: Before filing for expungement or sealing, make sure that you meet the eligibility requirements. It’s essential to understand whether your case qualifies under Virginia’s laws. For example, if you were convicted of a felony or if the charges were related to certain offenses, you may not be eligible.
- File a Petition: To begin the process, you’ll need to file a petition with the court in the jurisdiction where your case was heard. The petition must include details of the case, including the charges, the outcome, and why you believe your record should be expunged or sealed. For expungement, the petition typically goes to the circuit court.
- Submit Documentation: You will need to provide supporting documentation, such as proof of acquittal or dismissal, court records, and any other information required by the court. You may also need to submit fingerprints to the Virginia State Police as part of the expungement process.
- Wait for Court Approval: After filing the petition, the court will review your case. If the court finds that you meet the eligibility requirements, it will approve the expungement or sealing. This process can take several months, depending on the court’s caseload.
- Notify Relevant Agencies: Once the court orders the expungement or sealing, you will need to notify relevant agencies, including the Virginia State Police and other law enforcement agencies, to ensure that they comply with the court’s decision.
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Common Misconceptions About Expungement and Sealing
There are several misconceptions that often cause confusion about the process of expungement and sealing in Virginia. It’s important to address these myths to ensure you have a clear understanding of what is and isn’t possible:
- Expungement is Available for All Offenses: Not all criminal convictions can be expunged. Felony convictions, in particular, are usually not eligible for expungement. In fact, Virginia’s laws are strict when it comes to what crimes can be removed from public records.
- Expungement is Automatic: Many people mistakenly believe that if they meet the criteria, their record will automatically be expunged. However, you must file a petition and wait for the court’s approval. Expungement and sealing require active participation in the legal process.
- A Sealed Record is the Same as Expunged: A sealed record still exists and may be accessible to certain parties under specific circumstances, while an expunged record is completely erased from the public domain. Understanding the differences between sealing and expunging is crucial before deciding which option to pursue.
What Happens After Expungement or Sealing?
Once your criminal record is expunged or sealed, it’s important to understand the implications:
- Employment and Housing: Expungement or sealing can improve your chances of finding employment or securing housing. Many employers and landlords conduct background checks, and having a sealed or expunged record can make it harder for them to find past offenses.
- Future Legal Issues: While a sealed or expunged record may improve your future prospects, it’s still important to be truthful when asked about past criminal offenses. If an employer or government agency asks about your criminal history, you are generally not required to disclose expunged or sealed offenses.
Contacting a Criminal Defense Attorney in Virginia
The process of sealing or expunging a criminal record in Virginia can be complex. If you are considering this option, it’s crucial to seek legal advice from a qualified criminal defense attorney. NovaLegalGroup, P.C. has extensive experience helping clients navigate the legal system and achieve the best possible outcomes. We offer a free consultation to discuss your case and help you understand your options for sealing or expunging your criminal record. Contact us today.