Expungement Lawyers in Virginia

If the Commonwealth dismissed your charges or entered a nolle prosequi (decided not to prosecute), you may qualify for expungement. This commonly happens when prosecutors determine they lack sufficient evidence, witnesses become unavailable, or procedural issues arise. Even though you weren’t convicted, these arrest records can still appear in background checks and damage your reputation.

If you went to trial and were found not guilty, Virginia law allows you to petition for expungement of the arrest and charge records. Being acquitted means you should not continue to suffer the consequences of an arrest for something you didn’t do. We help Northern Virginia clients expunge records following not guilty verdicts in serious felony cases, misdemeanor trials, and bench trials throughout the DMV region.

Virginia’s Governor can grant an absolute pardon, which restores your civil rights and makes you eligible for expungement. This differs from a simple pardon or conditional pardon. If you received an absolute pardon for a Virginia conviction, Monument Legal can help you petition the court to expunge those records. The process requires demonstrating that you meet all legal requirements and that expungement serves the interests of justice.

If someone else used your identity when arrested or charged with a crime, you have strong grounds for expungement. These cases require proving that you were not the person who committed the alleged offense. Our Virginia expungement lawyers gather documentation, affidavits, and evidence to establish mistaken identity or identity theft, then present a compelling case to the court for complete expungement.

Virginia law allows expungement of some charges resolved through deferred disposition agreements, particularly for first-time offenders. If you successfully completed a diversion program and the court dismissed your charges, you may qualify for expungement. Common examples include first-time marijuana possession under Virginia Code Section 18.2-251, some petit larceny cases, and certain first-offense crimes. We help clients throughout Fairfax, Tysons, McLean, Arlington, and all of Northern Virginia navigate these expungement petitions.

We review your criminal history, discuss the circumstances of your arrest and charges, and provide an honest assessment of your expungement eligibility. We explain Virginia’s strict expungement requirements clearly.

We obtain certified copies of all relevant records from the Virginia State Police, local police departments, and court files. Complete documentation is essential for a successful petition.

Our attorneys draft a comprehensive petition for expungement that addresses all legal requirements, explains why expungement serves the interests of justice, and anticipates potential objections from the Commonwealth’s Attorney.

We file your petition with the appropriate circuit court in Northern Virginia and ensure proper service to all required parties, including the Commonwealth’s Attorney and the Virginia State Police.

We represent you at the expungement hearing, present evidence supporting your petition, cross-examine any witnesses, and argue persuasively for why the court should grant expungement.

If the court grants expungement, we ensure all agencies properly seal or destroy your records as ordered. We follow up to verify compliance.

You have the right to petition for expungement if you meet eligibility requirements under Virginia law. The court cannot deny your petition simply because the Commonwealth objects. You’re entitled to a hearing where you can present evidence and testimony supporting expungement.

During the expungement hearing, you have the right to present witnesses, introduce documentary evidence, and testify on your own behalf about how the continued existence of your criminal record causes manifest injustice. You can explain how the record has affected your employment, housing, education, or reputation. Character witnesses can testify about your good character and rehabilitation.

You also have the right to appeal if the circuit court denies your expungement petition. The Virginia Court of Appeals reviews these decisions, and in some cases, successful appeals result in expungement being granted. Our firm has experience with expungement appeals throughout Virginia.

Understanding your rights also means knowing the limitations. Virginia law does not provide a right to expunge convictions except in very narrow circumstances. If you were convicted, even if you successfully completed probation, you generally cannot expunge that record. However, you may have other options, such as seeking a pardon or petitioning for a gubernatorial restoration of rights.

You meet with our attorneys to discuss your case, review your criminal history, and determine eligibility for expungement.

We obtain certified copies of all arrest records, court documents, and disposition records from the Virginia State Police, local police departments, and courts in Fairfax County, Arlington, Alexandria, or wherever your case was heard.

Our attorneys prepare your comprehensive expungement petition and file it with the appropriate circuit court. We serve copies on the Commonwealth’s Attorney and other required parties.

Virginia courts typically schedule expungement hearings 2-4 months after filing. During this time, the Commonwealth’s Attorney reviews your petition and may file objections.

We prepare you for the hearing, gather any additional evidence or witness testimony, and develop arguments to counter any Commonwealth objections.

You attend the hearing with your attorney. We present evidence, call witnesses if necessary, and argue for expungement. The judge typically issues a decision the same day or within a few weeks.

If the court grants expungement, we follow up with all agencies to ensure they properly seal or destroy your records as ordered. Complete record destruction can take several additional weeks.

Many people damage their expungement cases by making preventable mistakes. Filing incomplete petitions is one of the most common errors. Virginia courts require specific information, proper formatting, and certified copies of records. Missing documents or incorrect information can result in denial or lengthy delays.

Another mistake is failing to adequately explain manifest injustice. Simply stating that the charges were dismissed is not enough. You must provide specific examples of how the record has harmed you or will harm you. Employment rejections, housing denials, professional licensing issues, and damage to reputation all constitute manifest injustice, but you must document these harms clearly.

Some people file expungement petitions for offenses that are not eligible under Virginia law. If you were convicted, except in very limited circumstances, you cannot expunge the record. Filing a petition for an ineligible offense wastes time and money. This is why consultation with an expungement attorney in VA before filing is so important.

Failing to prepare for Commonwealth objections also weakens cases. Prosecutors may argue that law enforcement needs to retain your records for legitimate purposes, particularly if you have other arrests or convictions. Anticipating and addressing these objections in your petition and at the hearing significantly improves success rates.

Before filing an expungement petition in Virginia, consider several important factors. First, assess your complete criminal history. Multiple arrests or convictions can affect your manifest injustice argument and may lead to Commonwealth objections. Be honest with your attorney about your entire criminal record so we can develop the best strategy.

Second, consider timing relative to other legal matters. If you have pending criminal charges in Virginia or other states, judges may be reluctant to grant expungement. Resolving pending matters first often makes sense strategically.

Third, gather documentation of harm caused by the record before filing. Employment rejection letters, housing denials, professional licensing barriers, and similar evidence strengthens your petition significantly. Starting to collect this documentation early in the process helps build a compelling case.

Fourth, understand that expungement is not guaranteed even if you meet eligibility requirements. The court has discretion, and the Commonwealth can object. Having realistic expectations about the process and potential outcomes helps you make informed decisions about whether to proceed.

Yes. Virginia expungement petitions require following specific legal procedures, presenting evidence of manifest injustice, and often responding to Commonwealth objections.

While you can file pro se, having an experienced attorney significantly improves your chances of success. Monument Legal knows what Northern Virginia courts expect, how to counter prosecutor objections, and how to present the strongest possible case. The investment in legal representation often makes the difference between approval and denial.

From initial filing to final record destruction, the Virginia expungement process typically takes 5-7 months.

This includes time to collect records, prepare and file the petition, wait for the court to schedule a hearing, attend the hearing, receive the court’s decision, and ensure agencies comply with the expungement order. Complex cases with Commonwealth objections or appeals may take longer. Starting the process sooner gives you the best chance of clearing your record quickly.

If the court grants your expungement petition, law enforcement agencies must destroy or return arrest records, including fingerprints.

However, DNA database removal may require separate steps depending on when and why your DNA was collected. Virginia law has specific provisions regarding DNA database expungement. Our attorneys can explain how expungement affects biometric data in your specific case.

Yes, if multiple charges from the same arrest were all dismissed or you were found not guilty on all charges, you can petition to expunge all of them in a single petition.

This is common in cases where prosecutors filed several related charges but dismissed them all. Monument Legal regularly handles expungement petitions involving multiple charges arising from the same incident in Fairfax County, Arlington, Alexandria, and throughout Northern Virginia.

The Commonwealth’s Attorney has the right to object to your expungement petition and present evidence at the hearing. Common objections include arguments that law enforcement needs to retain the records, that you have an extensive criminal history, or that you have not demonstrated manifest injustice.

Your attorney will respond to these objections with counter-arguments and evidence. Many expungement petitions succeed despite Commonwealth objections when properly presented and argued.

Expungement can potentially help with certain immigration matters by removing arrest records from background checks. However, immigration law is complex and USCIS may still require disclosure of arrests even if expunged, depending on the specific visa or immigration benefit you’re seeking.

If you’re not a U.S. citizen, consult with both an expungement attorney and an immigration attorney to understand how expungement will affect your immigration case. Monument Legal can coordinate with immigration counsel when necessary.

If you completed a first offender or deferred disposition program and the court dismissed your charges as promised, you may be eligible for expungement.

Common examples include first-time marijuana possession under Virginia Code Section 18.2-251 and some petit larceny diversions. The key is that the charges must have been formally dismissed after you completed all program requirements. Bring your completion paperwork and dismissal order to your consultation so we can assess eligibility.

Expungement costs include court filing fees, costs for certified copies of records, and attorney fees. Monument Legal provides transparent pricing during your free consultation.

The investment in expungement often pays for itself many times over through increased employment opportunities, better housing options, and elimination of barriers to professional advancement. We believe clearing your record is worth the investment in your future.

If the circuit court denies your expungement petition, you have the right to appeal to the Virginia Court of Appeals.

The appeals process has strict deadlines and procedural requirements. Monument Legal can evaluate whether appeal is advisable in your case based on the reasons for denial and the strength of potential appellate arguments. Some clients also choose to wait and file a new petition later after circumstances change or additional evidence of manifest injustice develops.

After proper expungement, records should not appear in any background checks. However, if private background check companies or online databases obtained your records before expungement, they may still have outdated information.

Virginia law allows you to contact these companies and request removal of expunged records. If you discover expunged records appearing after expungement is granted, contact Monument Legal immediately so we can take action to enforce the expungement order.