Charges that Can be Expunged

The only charges that can be expunged generally are charges you have been found not guilty for or have not been pursued against you. If you made a deal with the prosecutor to drop the charges, it can be expunged. If the judge dismissed the case or pronounced you not guilty, you can expunge that charge. Lastly, if you were charged with a higher crime like possession with intent, and it got reduced to simple possession, that possession with intent will show up on your record but can be expunged.

The Expungement Process

The first step of expunging your charges is filing an expungement petition in Fairfax County. The petition is essentially similar to a civil complaint against the state that establishes both your statutory right to expungement and your particular good cause circumstances. Good circumstances can be something as simple as it is hard to get a job with that charge on your record. Once your petition is done, you must file it with the circuit court wherein you were charged. You will receive instructions from the clerk as well on how and where to serve the commonwealth and where to get your fingerprints done.

The Expungement Hearing

You will have to appear in court to ask the judge for the expungement and there will be a prosecutor present to either agree or disagree with the petition. If the prosecutor agrees with your petition, all you will have to do is proffer what your particular circumstances are and the judge will grant your petition. He will give you instructions as to when and how your expungement will take place and tell you that you will receive a letter when it is done. If the prosecutor fights your petition you will have to argue and try to convince the judge to grant your petition. If it is denied, then either you will have to refile or appeal the decision.