How to Get a Felony Expunged in Virginia

It is important to note that the laws concerning expunging a felony in Virginia have evolved rapidly over the past few years. For example, in 2023, Virginia’s expungement law only allowed for the expungement of police and court records if a person was acquitted, if charges were dismissed, or if the person’s identity was used without their consent.

In other words, if your criminal felony case resulted in either a dismissal or a not-guilty verdict, then you might be eligible for expunging a conviction in Virginia. The process required simply filing a petition with the court, and the records could be expunged upon approval.

As of 2025, Virginia’s laws concerning felony expungement have expanded significantly. As of now, certain misdemeanor convictions can be automatically sealed without requiring a petition even being filed, provided specific criteria are met. Additionally, the new law allows for the sealing of some felony convictions upon meeting certain conditions.

It is important to understand the differences between criminal charges and convictions before you can fully understand the process of obtaining an expungement. A criminal conviction is essentially a formal judgment of guilt by an individual that is entered by a court. A criminal conviction on a person’s criminal record can impact that person’s life in many different ways, including:

• The person’s ability to secure or maintain employment
• The person’s right to obtain professional licensing
• The person’s ability to secure housing, as landlords often check criminal records and may deny rental applications based on criminal charges or convictions
• The person’s ability to obtain an education, as some academic institutions may refuse admission or deny financial aid to individuals with criminal records
• The person’s right to vote in local or national elections
• The person’s right to obtain or carry a firearm

Importantly, criminal convictions can also affect numerous other areas of a person’s life, in addition to what’s listed above. Additionally, even if a criminal case does not result in a formal conviction, the record of the person’s arrest and the accompanying criminal prosecution will generally remain on that person’s criminal record, which often impacts a person’s life similar to a formal conviction.

That is why Virginia allows individuals who were not convicted to seek an expungement, including people who had a felony charge. In general, the felony expungement process involves first obtaining a Certificate of Eligibility from the Virginia Department of Law Enforcement (“VDLE”).

That certificate verifies that you meet the criteria for expungement based on your criminal history and the specifics of your case. It is often recommended to consult with an attorney in order to get help completing the legal complexities of the expungement process.

Factors Influencing Felony Expungement

There are several different factors that may influence a person’s ability to obtain a felony expungement in Virginia, including:

• Type of Felony: As noted above, only certain felonies may be eligible for expungement, while others are not
  • Violent crimes, sex offenses, and other serious felonies typically do not qualify for expungement
• Time Since Conviction: The amount of time that has passed since the conviction can impact eligibility, and there is often a required period during which the individual must maintain a clean record
• Prior Convictions: Past criminal history plays a significant role, as those with multiple felony convictions or a history of repeated offenses may find it more challenging to obtain an expungement
• Completion of Sentence: Importantly, all terms of a person’s sentence, including any probation, parole, fines, or restitution must be completed prior to applying for expungement
• Behavior Since Conviction: Demonstrating rehabilitation and good behavior since the conviction can positively influence a court to grant an expungement
• Impact of the Conviction: Showing how the felony conviction has negatively affected their life, such as difficulties in obtaining employment, housing, or education, may also sway a court to grant an expungement

Which Felonies Can Be Expunged?

As mentioned above, only certain non-violent and less serious felonies are eligible for expungement. Felony charges that are eligible for expungement typically include:

• Drug Possession: Non-violent drug possession charges where the individual has completed any required treatment programs and maintained a clean record are eligible
• Theft: Non-violent theft charges, such as shoplifting or petty theft, where restitution has been made and any probationary periods have been successfully completed are also eligible
• Fraud: Certain types of non-violent fraud, such as credit card fraud or check fraud, provided restitution has been made and the individual has shown rehabilitation
• Forgery: Non-violent forgery charges, such as forging a signature on a document or where no significant harm was caused to others

Once again, violent felonies, sexual offenses, and crimes against minors are generally not eligible for expungement in Virginia.

The Process of Expunging a Felony

The exact process of expunging a felony charge in Virginia involves the following steps:

• Obtain a Certificate of Eligibility: First, you must apply for a Certificate of Eligibility from the Virginia Department of Law Enforcement (“VDLE”), verifying that you meet the criteria for expungement
• File a Petition: Once you have the certificate, you must then file a petition for expungement in the circuit court where the charge was originally filed, ensuring you include all required documents with your petition
• Serve the Commonwealth’s Attorney: Next, you need to serve a copy of the petition to the Commonwealth’s Attorney in the jurisdiction where the petition was filed
• Schedule a Hearing: The court will then schedule a hearing to review the petition. You will receive a notice with the date and time of the hearing
• Prepare for the Hearing: You must then prepare and present your case at the hearing, providing evidence showing how the charge has impacted your life and why expungement is warranted
  • The Commonwealth’s Attorney may also present arguments for or against the expungement
• Final Decision: After reviewing your petition and hearing arguments, the judge will then make a decision whether or not to grant the expungement

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

In short, no, not completely. If the judge grants your expungement, the records related to the charge will be sealed. This makes them inaccessible to the public and most employers. However, law enforcement and certain authorized entities may still access these records.

Which Felonies Are Not Eligible for Expungement?

In Virginia, there are several categories of felonies that are typically not eligible for expungement, including:

• Violent Crimes: Felonies involving violence, such as assault, battery, and homicide
• Sex Offenses: Felonies related to sexual assault, child pornography, and other sex-related crimes
• Serious Drug Offenses: Large-scale drug trafficking and manufacturing charges
• Crimes Against Minors: Felonies that involve harm to minors, including abuse and exploitation
• Crimes Involving Weapons: Felonies involving the use of firearms or other weapons
• Repeat Offenders: Individuals with multiple felony convictions or a history of repeated offenses may not be eligible

Do I Need an Attorney for Help With Felony Expungement?

If you have been charged or convicted of a felony and would like to seek felony expungement in Virginia, it is recommended to consult with a Virginia expungement lawyer. LegalMatch can assist you in setting up an initial legal consultation with a local Virginia lawyer near you.

An expungement attorney will be able to help you understand Virginia’s specific laws on felony expungement, including ensuring that you are eligible for an expungement. They can also help you file any necessary legal documents, as well as represent you at any in-person court hearing.