Virginia Criminal & Traffic Defense
Serving Fairfax County, Loudoun County, Prince William County, Arlington County, Alexandria, and Northern Virginia
In Virginia, when a change has been dismissed or where the government has moved for a nolle prosequi (see below), the accused may move to expunge the existence of the arrest from his record. There are very limited circumstances in Virginia where an expungement can be obtained. The parameters of a permissible expungement come partly from the Virginia Code and partly from a number of recent decisions from the Virginia Supreme Court and the Virginia Court of Appeals. If you are interested in seeking an expungement, you should speak with an experienced criminal defense attorney so that your specific situation can be evaluated.
The process for obtaining an expungement is complicated. Certain steps must be taken before the petition for expungement can be filed. Once the petition is filed, the Commonwealth has an opportunity to oppose it. Regardless of what position the Commonwealth takes, the petitioner (the person seeking the expungement) must appear at a court hearing.
Frequently Asked Expungement Questions
Q. Am I eligible for an expungement?
A. In order to be eligible for an expungement, you must have been acquitted (found not guilty by a judge or jury), the prosecutor must have moved for a nolle prosequi (dismissal without prejudice), or the charge must have been "otherwise dismissed," which includes dismissal by accord and satisfaction. If you were found guilty, or completed a deferred disposition program ("SIS") and had the charge dismissed, the charge cannot be expunged in Virginia.
Q. What information must the petition for expungement contain?
A. A petition must be filed setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. The petition should state why the continued existence of the charge on your record is prejudicial to you. The petition must be filed in the circuit court of the county or city where the case was disposed of. You must include the date of arrest and the name of the arresting agency. The petition should also include the specific criminal charge to be expunged, the date of the final disposition of the charge as set forth in the petition, your date of birth, and the full name used by you at the time of arrest.
Q. Do I need to be fingerprinted to obtain an expungement?
A. Yes. A person seeking an expungement must obtain from a law enforcement agency one complete set of fingerprints. The law-enforcement agency shall submit the set of fingerprints to the Central Criminal Records Exchange (CCRE) with a copy of the petition for expungement attached. The CCRE shall forward under seal to the court a copy of your criminal history, a copy of the source documents that resulted in the CCRE entry that you wish to expunge, and the set of fingerprints. Upon completion of the hearing, the court shall return the fingerprint card to you.
Q. Do I have to go to court to get an expungement?
A. Yes. After receiving the criminal history record information from the CCRE, the court shall conduct a hearing on the petition. If the court finds that the continued existence and possible dissemination of information relating to your arrest causes or may cause circumstances which constitute a manifest injustice to you, it shall enter an order requiring the expungement of the police and court records, including electronic records, relating to the charge. Otherwise, it shall deny the petition. However, if you have no prior criminal record and the arrest was for a misdemeanor violation, you shall be entitled, in the absence of good cause shown to the contrary by the Commonwealth, to expungement of the police and court records relating to the charge, and the court shall enter an order of expungement. Upon the entry of an order of expungement, the clerk of the court shall cause a copy of such order to be forwarded to the Department of State Police, which shall direct the manner by which the appropriate expungement or removal of such records shall be effected.
Contact An Experienced Expungement Attorney
If you are considering seeking the expungement of a crime in Northern Virginia, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC. Kyle G. Manikas has handled numerous expungement petitions as a prosecutor and has a sound understanding of the expungement process.
To schedule a free consultation or to discuss your case by phone, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
