How to file to clear a record in Virginia

The steps, cost, fee waiver and forms to clear a record in Virginia.

Checked against official sources: October 25, 2026.

Short answer

File the petition in the circuit court of the county or city where the case ended, with a copy of the warrant, summons or indictment if available.

Main remedy: Petition for sealing (Va. Code § 19.2-392.12)
Cost: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
Forms: 5

Filing step by step in Virginia

Petition for sealing (Va. Code § 19.2-392.12)

File the petition in the circuit court of the county or city where the case ended, with a copy of the warrant, summons or indictment if available. Mail or deliver a copy to the Commonwealth's Attorney, who has 30 days to object. Ask the State Police (CCRE) to send your Virginia and national record to the court. The court may hold a hearing. You must show restitution is paid, rehabilitation if alcohol or drugs were involved, and that keeping the record public causes or may cause a manifest injustice. If the prosecutor agrees and stipulates that you are eligible, the judge may seal without a hearing.

Source: form CC-1201

Cost: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
Forms: Petition for Sealing Pursuant to Va. Code § 19.2-392.12 (CC-1201)
Guide for Sealing Virginia Criminal Records under § 19.2-392.12 (CC-1201 instructions)

Law: Va. Code § 19.2-392.12(B)

Petition for sealing of offenses eligible for automatic sealing (Va. Code § 19.2-392.12:1)

File the petition in the circuit court where the case ended, give a copy to the Commonwealth's Attorney (30 days to respond), and ask the State Police to send your record to the court. If 7 years have passed with no new reportable conviction, the court must seal the record; you do not have to show a manifest injustice. If the prosecutor agrees and stipulates you are eligible, the court may seal without a hearing.

Source: form CC-1203

Cost: No court fees or costs to file.
Forms: Petition for Sealing Pursuant to Va. Code § 19.2-392.12:1(A) and/or (B) (CC-1203)
CC-1203 instructions

Law: Va. Code § 19.2-392.12:1(C)

Petition for expungement (Va. Code § 19.2-392.2)

File a petition in the circuit court where the case was dismissed or you were acquitted, with the warrant or summons if available, and ask the State Police (CCRE) to send your record to the court. Serve the Commonwealth's Attorney, who has 21 days to object. The court holds a hearing and grants it if keeping the record causes or may cause a manifest injustice. If you have no prior record and the charge was a misdemeanor or civil offense, you are entitled to expungement unless the prosecutor shows good cause.

Cost: No court fees or costs to file.
Forms: Petition for Expungement Filed in a Circuit Court (CC-1473)

Law: Va. Code § 19.2-392.2(A), (B)

Court self-help

Checklist: what to gather before you file

Records that are not eligible in Virginia

Petition for sealing (Va. Code § 19.2-392.12): Class 1-4 felonies and felonies punishable by life; you are also barred if you have ever been convicted of a Class 1 or 2 felony, a Class 3 or 4 felony in the past 20 years, or any other felony in the past 10 years. Excluded offenses include DUI and many others listed in § 19.2-392.12(L): sex offenses requiring registration, violent felonies, felonies involving a firearm (unless firearm rights were restored), protective order violations, hate crimes, animal cruelty, election law crimes, date-rape drug offenses, not guilty by reason of insanity, dangerous or vicious dog offenses, and any offense against a family or household member.
Petition for sealing of offenses eligible for automatic sealing (Va. Code § 19.2-392.12:1): Not available if the charge or conviction was finalized on the same date as a conviction or deferred dismissal that is not eligible under this section.
Petition for expungement (Va. Code § 19.2-392.2): Deferred dispositions dismissed after a finding of facts sufficient for guilt (these may qualify for sealing instead).

Law: Va. Code § 19.2-392.12; Va. Code § 19.2-392.12:1; Va. Code § 19.2-392.2

What you can say afterwards

After sealing you may deny or not disclose the arrest, charge or conviction to any state or local agency or private employer in Virginia, and you cannot be charged with perjury for it. Exceptions: you must disclose it when applying to the State Police or a state or local police or sheriff's office, when state or federal law requires the employer to ask, for national-security positions, in child custody proceedings, and (for sealed felonies) when called for jury service. Sealed records still count in later sentencing and bail decisions, and sealing does not restore firearm or civil rights. A sealed offense is not a "barrier crime" for jobs that screen for them, unless federal law requires it. Background-screening companies may not share sealed records.

Law: Va. Code §§ 19.2-392.5(D)-(K), 19.2-392.16

Get your own record in Virginia

Virginia State Police, Central Criminal Records Exchange (CCRE)

Create form SP-167 at vspapps.vsp.virginia.gov, print it, have your signature notarized, and mail it with payment to the Virginia State Police (about 15 to 20 business days); in Richmond you can drop it off at VSP headquarters with exact cash or a money order. VSP's FAQ refers to $15 and $20 checks. For a sealing petition, you instead ask the CCRE to send your record directly to the circuit court.

Letter: ask the state records office for a copy of your record

In nearby states

West Virginia: No filing fees or costs.
North Carolina: No fee for most dismissals and not-guilty findings. $175 if the charge was dismissed after a deferred prosecution agreement or conditional discharge.
Maryland: No filing fee for acquittal, dismissal, PBJ, nolle prosequi, stet or not-criminally-responsible dispositions.

What to do now in Virginia

Get your papers ready
Gather the papers for each case before you start. Checklist: what to gather before you file.
Use the court's forms
Official forms and instructions: Virginia State Police: Sealing of Criminal Records (FAQ) and Virginia Courts: Guide for Sealing Virginia Criminal Records (§ 19.2-392.12).
File with the clerk
After you file, the prosecutor may respond and the court decides.
Ask for free help
Legal aid can help for free: Virginia Legal Aid (valegalaid.org) and Legal Aid Justice Center.

Where to get free help in Virginia

Questions about filing in Virginia

What is the waiting period in Virginia?

Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Eligible felony conviction or deferred dismissal: 10 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Acquittal, nolle prosequi or dismissal: No waiting period, counted from final disposition.

How much does it cost to clear a record in Virginia?

Petition for sealing: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it. Petition for sealing of offenses eligible for automatic sealing: No court fees or costs to file. Petition for expungement: No court fees or costs to file.

How can I see my Virginia record?

Where can I get free help in Virginia?

Virginia Legal Aid (valegalaid.org), Legal Aid Justice Center and Virginia Lawyer Referral Service (Virginia State Bar; 30-minute consultation for $35).