How Can I Get My Record Expunged for Free in Virginia?

You can get your Virginia criminal record expunged for free if your charge ended in an acquittal, a dismissal, or a nolle prosequi. Starting July 1, 2026, Virginia law eliminates court filing fees for expungement petitions entirely, so filing costs nothing.¹ Before that date, circuit courts charge roughly $86 to $98 to file, but you can ask the court to waive the fee based on financial hardship. Either way, you don’t need to hire a lawyer: Virginia offers free help through legal aid and the Virginia Indigent Defense Commission, and the forms are on the state courts’ website.

Charges That Qualify

Expungement in Virginia is only for records that did not end in a conviction. Three outcomes open the door:

Acquittal — a judge or jury found you not guilty.
Nolle prosequi — the prosecutor dropped the charges.
Any other dismissal, including one based on an accord and satisfaction between you and the alleged victim.

If you were convicted, expungement is not available. The single narrow exception is an absolute pardon from the Governor granted on the basis of actual innocence, meaning the Governor has determined you did not commit the crime.² For actual convictions, Virginia’s separate record-sealing law (summarized at the end) may help beginning July 1, 2026.

Getting the Filing Fee Waived Before July 1, 2026

If you file on or after July 1, 2026, the court cannot charge you a filing fee for an expungement petition. The statute taking effect that day says so directly.¹

If you file before then, you’ll face a filing fee that runs about $86 to $98 depending on the jurisdiction. To have it waived, file a Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414) alongside your expungement paperwork.³ On it you list your income, assets, monthly expenses, and any public benefits you receive.

Virginia law presumes you qualify if your available funds fall at or below 125% of the federal poverty level for your household size.⁴ For 2026, those thresholds are approximately $19,950 for a single person, $27,050 for two, $34,150 for three, and $41,250 for four.⁵ If a legal aid attorney represents you, the court also presumes you qualify.

A few small costs sit outside the court’s fee schedule, like getting fingerprinted or ordering a copy of your criminal history. These are typically modest, but if they’re a hardship, mention it when you contact legal aid.

Free Legal Help

You don’t need a private attorney, and free help can smooth the process considerably. The Virginia Legal Aid hotline at 1-866-534-5243 will route you to your local legal aid office, where staff can help with the forms and prepare you for court at no cost if you qualify financially.

The Virginia Indigent Defense Commission also maintains expungement resources, including an online guided interview that walks you through the paperwork step by step. Their Expungement and Sealing Resource Attorney takes questions at (804) 662-7249 ext. 129.⁶

The Forms You File Yourself

Two forms drive the petition, both free on the Virginia Courts website:

Petition for Expungement (Form CC-1473) — the core document laying out your case.⁷
Order of Expungement (Form CC-1474) — a draft order for the judge to sign if the petition is granted.

On the petition you provide your full name at the time of arrest, date of birth, the specific charge, the date of arrest, the law enforcement agency that arrested you, your court case number, and how the case ended. Attach a copy of the original warrant or charging document if you have one. It isn’t always required, but it helps the court match your petition to the right records.

Filing before July 1, 2026? Add Form CC-1414 if you want the filing fee waived.

Fingerprinting

Virginia requires a fresh set of fingerprints with every expungement petition. After you complete Form CC-1473, take it to a law enforcement agency. An officer will fingerprint you and keep a copy of the petition, then mail the fingerprint card and petition copy to the Virginia State Police, who run a criminal history check and forward the results under seal to the circuit court.²

You don’t have to return to the agency that originally arrested you. Any law enforcement agency can do this. The Virginia State Police offer fingerprinting at their North Chesterfield headquarters and at division and area offices around the state; call ahead to confirm hours.⁸ Local police departments and sheriff’s offices typically provide the service too.

Filing and Serving the Petition

File your completed CC-1473, the draft CC-1474, and any fee waiver paperwork with the clerk of the circuit court in the county or city where your charge was resolved.⁷ Filing in the wrong jurisdiction will delay your case, so if your arrest happened in one place but the case was resolved elsewhere, go with the location where it was resolved.

After filing, you must serve a copy of the petition on the Commonwealth’s Attorney in that same jurisdiction. The prosecutor then has 21 days to file an objection, submit an answer, or notify the court in writing that they don’t object.¹ Service practice varies by locality. Some clerks handle it; others expect you to arrange it. Ask when you file.

The Hearing and Timeline

The court holds your petition until the sealed State Police criminal history report arrives. Once it does, the court typically schedules a hearing.

A hearing can be skipped if the Commonwealth’s Attorney files written notice that they don’t object. For felony charges, the prosecutor also has to stipulate that the record causes manifest injustice for the judge to bypass the hearing. Prosecutors often don’t object when a case clearly ended in acquittal or dismissal, particularly for misdemeanors.

From filing to a signed order, expect six to twelve months. Most of that time is the State Police running the history check and the clerk finding a hearing date. Busier circuits in Northern Virginia and Hampton Roads tend to run longer than rural ones.

What You Need to Show the Judge

Even when your charge qualifies, the court still needs a reason to grant expungement. Virginia law creates two tiers.

If you have no prior criminal record and the charge was a misdemeanor or civil offense, you’re entitled to expungement unless the prosecutor shows good cause to deny it. The law essentially presumes you should get relief.¹

For everyone else — anyone with a prior record, or anyone whose charge was a felony — the court must find that keeping the record accessible causes or could cause “manifest injustice.” That phrase sounds heavy, but Virginia’s Court of Appeals reads it generously. You don’t have to prove the record has actually harmed you. A reasonable possibility that the arrest record could hinder your ability to get a job, pursue education, or obtain credit is enough.⁹ In practice, explain in your petition how the record affects your life: employers in your field run background checks, a landlord denied your rental application, a licensing board asked about arrests.

What Changes Once the Record Is Sealed

After the judge signs the expungement order, the record is sealed from public access. Virginia law bars employers and educational institutions from asking you to disclose any arrest, charge, or case that has been expunged, whether on an application, in an interview, or anywhere else. You can legally answer “no” if asked whether you have a criminal record.¹⁰

One gap to know about: the government doesn’t notify private background check companies when a record is expunged. Federal law requires them to keep accurate information, but their databases can lag.¹¹ Keep a copy of your signed expungement order. If a background report still shows the expunged charge, you can dispute it directly with the company under the Fair Credit Reporting Act and send them the order.

If You Were Actually Convicted

Expungement in the sense described above is only for non-convictions. Starting July 1, 2026, Virginia’s separate record-sealing law creates two paths for people with actual convictions: automatic sealing for certain misdemeanors, marijuana offenses, and traffic infractions after set waiting periods, and petition-based sealing for many other misdemeanors and Class 5 and 6 felonies after seven or ten years, with restitution paid in full.¹² If you’re not sure whether a conviction of yours qualifies, call the Virginia Indigent Defense Commission’s resource attorney before filing.

1
Virginia Code Commission. Code of Virginia 19.2-392.2 – (Effective July 1, 2026) Expungement of Police and Court Records
2
Virginia Code Commission. Code of Virginia 19.2-392.2 – (Effective July 1, 2026) Expungement of Police and Court Records
3
Virginia Courts. Petition for Proceeding in Civil Case Without Payment of Fees or Costs (Form CC-1414)
4
Virginia Code Commission. Code of Virginia 17.1-606 – Persons Allowed Services Without Fees or Costs
5
Federal Register. Annual Update of the HHS Poverty Guidelines
6
Virginia Indigent Defense Commission. Record Sealing and Expungement Resources
7
Virginia Courts. CC-1473 Petition for Expungement Filed in a Circuit Court – Acquittal/Dismissal
8
Virginia State Police. Fingerprinting for Noncriminal Justice Purposes
9
Court of Appeals of Virginia. Memorandum Opinion – Kevin Kost v. Commonwealth of Virginia
10
Virginia Code Commission. Code of Virginia 19.2-392.4 – Prohibited Practices by Employers, Educational Institutions, Agencies, Etc., of State and Local Governments
11
Virginia State Crime Commission. Expungement FAQ Draft
12
Virginia Code Commission. Code of Virginia 19.2-392.12:1 – (Effective July 1, 2026) Sealing of Charges and ConvictionsSealing of Criminal History Record Information and Court Records