Skip to main content

Clear your Virginia record DIY

You can clear your Virginia record. Virginia law lets you seal most criminal records automatically under the Virginia Record Sealing Act (Va. Code Ann. § 19.2-392.5 et seq., ch. 23.2), and seal others — including misdemeanors after 7 years and certain felonies after 10 years — through a petition and court hearing. Non-conviction records may also be expunged under Va. Code Ann. § 19.2-392.1 et seq. (ch. 23.1).

Expeal Ranking

Virginia's Expeal ranking is 13 out of 15, or a A-. This is the average of five metric scores across four case types.

Virginia Expeal Ranking matrix: five metrics × four case types
Metric Misdemeanor — Arrest Misdemeanor — Conviction Felony — Arrest Felony — Conviction
Clean Slate 3 3 3 3
Expeal 2 2 2 2
Tasks 3 3 3 3
Wait 3 0 3 0
Cost 3 3 3 3
Total 14 11 14 11

The metrics are defined as follows:

  • Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing.
  • Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if the process requires a pardon or similar prerequisite.
  • Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement is required; 1 if administrative engagement is required before straightforward court; 0 if convincing the court is required.
  • Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 to 5 years; 0 if more than 5 years or an intermediate step is required before the clock starts.
  • Cost: 3 if under $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if more than $500.

Governing statutes

Fees

Virginia fees
Fee Amount Source
Filing fee $98.00
Statutory clerk-collected expungement petition fee (case-type code **XPUN — Expungement**), set by Va. Code § 17.1-275. Note: XPNR (Expungement Review — appellate review of a denied expungement) is a separate $86.00 case type and does not apply to original expungement filings. Some localities may add a sheriff service fee. ELIMINATED effective 2026-07-01 per amended § 19.2-392.2 — the post-2026 version adds verbatim text to subsections (A) and (B): "A person shall not be required to pay any court fees or costs for filing a petition under this subsection," and deletes subsection (L) (the § 17.1-275 cross-reference) entirely. Pre-cutover (until 2026-07-01) the fee remains $98 statutory. Post-cutover (2026-07-01+) this amount should flip to null per CF-23. If petition is granted pre-cutover, the clerk refunds costs to the petitioner. No fee for expungement following an absolute pardon or for identity-theft petitions under § 19.2-392.2(B).
Virginia Judicial System — OES Circuit Court Fee Schedule Appendix C
Fingerprint fee $15.00 Reference
Certified copy fee $2.00 Reference
Record request fee $15.00
Standard name-based Virginia Criminal History Record Name Search (form SP-167); $20.00 for combo Criminal History + Sex Offender / Crimes Against Minors. Fingerprint-based options $13.75 VSP CARE + $13.25 FBI = $27.00 combined (used where § 19.2-392.2 requires fingerprinting).
Virginia State Police — Criminal Record Check (General Public)

Step-by-step process

Below are the five phases that take you through the Expeal process in Virginia if you don't qualify for the automatic process.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

  1. Step 1: Get Fingerprinted. Visit your local police or sheriff's station and have your fingerprints taken.

    Cost: $15.00

  2. Step 2: Request your Record. Complete and submit your application to request an official copy of your criminal history record from the Virginia State Police, the statutory custodian of Virginia criminal history records.

    Cost: $15.00 (Standard name-based Virginia Criminal History Record Name Search (form SP-167); $20.00 for combo Criminal History + Sex Offender / Crimes Against Minors. Fingerprint-based options $13.75 VSP CARE + $13.25 FBI = $27.00 combined (used where § 19.2-392.2 requires fingerprinting).)

  3. Step 3: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

  1. Step 4: Request Certified Documents. Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

    Cost: $2.00

  2. Step 5: Verify the Final Documents. Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

Phase 3: Completing the Petition

  1. Step 6: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. Under Va. Code Ann. § 19.2-392.12, arrest records and not-guilty dispositions may be filed without a waiting period, misdemeanors require seven years, and certain felonies (Class 5 or 6 plus larceny under § 18.2-95) require ten years — confirm the applicable wait for your charge class before submitting.

  2. Step 7: Finalize your Petition. Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

  1. Step 8: File your Expeal Request. File the petition with the court that handled the case.

    Cost: $98.00 (Statutory clerk-collected expungement petition fee (case-type code **XPUN — Expungement**), set by Va. Code § 17.1-275. Note: XPNR (Expungement Review — appellate review of a denied expungement) is a separate $86.00 case type and does not apply to original expungement filings. Some localities may add a sheriff service fee. ELIMINATED effective 2026-07-01 per amended § 19.2-392.2 — the post-2026 version adds verbatim text to subsections (A) and (B): "A person shall not be required to pay any court fees or costs for filing a petition under this subsection," and deletes subsection (L) (the § 17.1-275 cross-reference) entirely. Pre-cutover (until 2026-07-01) the fee remains $98 statutory. Post-cutover (2026-07-01+) this amount should flip to null per CF-23. If petition is granted pre-cutover, the clerk refunds costs to the petitioner. No fee for expungement following an absolute pardon or for identity-theft petitions under § 19.2-392.2(B).)

  2. Step 9: Work with the Court. After the Virginia court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

Phase 5: Confirming Your Record is Sealed

  1. Step 10: Receive the Court's Order. Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered and whether the outcome is a sealing (record hidden from public view) or an expungement (record removed). Keep a certified copy for your own files.

  2. Step 11: Verify the Record is Sealed. Under Va. Code Ann. § 19.2-392.5 et seq., the Virginia State Police and the original arresting agency update or remove the records covered by the order. If a background-check provider later produces an outdated report, your certified copy of the court's order is your authoritative reference. Confirm with the clerk of court and the arresting agency that their records reflect the order as well.

Common questions

Is this legal advice?

No. Expeal provides plain-language educational content and tools with direct citations to your state's statutes — not legal advice. For advice about your specific situation, consult a licensed attorney.

Why is this free?

The state-by-state guides — statutes, fees, steps, sources — are free for everyone. Expeal's revenue model is the optional DIY+ guided product available in select states, which funds the public-benefit educational content.