Expungements in Virginia | What You Should Know

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Expungements in Virginia | What You Should Know

Having a criminal record can have several negative impacts on an individual’s future. That is why if you have been convicted of a crime, you may want to consider your options. To learn more about expungements in Virginia, reach out to our skilled Chesapeake criminal defense attorneys today.

What are expungements in Virginia?

In the state of Virginia, an expungement is a process that is used to petition courts to clear arrests and dismiss charges from an individual’s record. It is critical to mention that the records are not eradicated and they are still open if the judge gives permission. But, they are removed from public view, so that they will not show up on background checks.

What types of criminal offenses are qualified for expungement?

Only criminal charges that were dismissed or in the event that the disposition was not guilty were eligible for expungement up until July 1, 2021. If you were charged but were ultimately not convicted, the arrest and the charge will still show up on your criminal background check and you can petition the court to have these records removed. This law is still valid and can be used to expunge the following:

  • Dismissals with prejudice
  • Dismissals by accord and satisfaction
  • Dismissals without prejudice
  • Not guilty findings
  • Arrests that did not lead to a conviction
  • Charges for which you later receive an absolute pardon
  • Charges on your record which were a case of mistaken identity or identity fraud
  • Certain juvenile convictions

If you would like to learn more, reach out to our firm today to speak with one of our experienced Chesapeake criminal defense attorneys. Our legal team is on your side no matter what you are facing.

Which records are not eligible for expungement?

There are several types of criminal offenses that are not able to be expunged according to Virginia law. The crimes include any of the following:

  • Class 1, 2, 3, or 4 Felonies
  • Vehicular Involuntary Manslaughter and Maiming
  • Watercraft Involuntary Manslaughter and Maiming
  • Assault & Battery of a Family Member (Domestic Assault)
  • Driving While Intoxicated or Driving Under the Influence

Do not wait to reach out to one of our skilled criminal defense attorneys today to learn more about expungements and if they will work for you. Our legal team is here for you.


Patzig Law is a dedicated Virginia law firm handling a variety of legal matters throughout the Commonwealth. We have significant experience in divorce, alimony, equitable distribution, child custody, and support. If you need an aggressive criminal defense attorney, our lawyers will fight to protect your rights in cases including DUIs, drug crimes, weapons offenses, fraud, theft, and much more. If you need a Chesapeake divorce lawyer to handle any of your family law matters, contact Patzig Law today.

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