Virginia Expungement and Deferred Disposition: What Changed in 2021
Virginia's 2021 HB 2113 dramatically expanded expungement eligibility. Learn who now qualifies under Virginia Code § 19.2-392.2, waiting periods, and how to petition.
For most of its history, Virginia had one of the most restrictive expungement laws in the country. Before 2021, if you had been convicted of any criminal offense in Virginia — misdemeanor or felony — you had almost no path to expungement. Only people who were acquitted, whose charges were dropped, or who completed certain diversion programs could petition. Everyone else was stuck. Then HB 2113 passed in 2021, and a lot changed. If you looked at Virginia's law before 2021 and gave up, it is time to look again.
This is not legal advice.
This guide explains how the law works in general terms. Whether you qualify depends on your specific record, and a judge makes the final call. If your situation is complicated — multiple convictions, charges in multiple states, or a previous denial — consulting a lawyer who handles expungement is worth the cost of a consultation.
What was before 2021 — and what changed
Before 2021, Virginia Code § 19.2-392.2 only allowed expungement for people who were: acquitted at trial, had charges dismissed by the court, had the Commonwealth enter a nolle prosequi (abandon the prosecution), or received an absolute pardon from the Governor. If you were convicted — even of a minor misdemeanor — Virginia had no mechanism for you to petition for expungement.
That was genuinely unusual. Most states allow misdemeanor expungement after a waiting period, even if felony expungement is restricted. Virginia had no such pathway.
HB 2113, which took effect in July 2021, created a new petition-based expungement process for convictions. For the first time, Virginians with misdemeanor convictions — and certain felony convictions — have a legal pathway to petition for expungement after satisfying waiting periods. This was a major structural change.
Automatic sealing — a parallel provision
The 2021 reforms also included provisions for automatic sealing of certain charges that did not result in conviction. Under these provisions, charges that were reduced to lesser offenses, dismissed after completion of deferral programs, or resulted in acquittal may be automatically sealed without a petition.
This automatic sealing process is separate from the petition-based conviction expungement. If you had a charge reduced to a lesser offense that was then dismissed, or if you completed a deferred disposition program, check whether your record has been automatically sealed. Order your Virginia State Police criminal history to see what is currently showing.
Who qualifies — and who does not
Virginia's expanded law is meaningful, but it has real limits. Violent offenses, sex offenses, and the most serious felony classes remain ineligible. Here is the current picture:
May qualify
- Acquittals (not guilty verdicts) — eligible immediately
- Charges dismissed or nolle prosequi (prosecution abandoned) — eligible after 1 year
- Class 3 and 4 misdemeanor convictions after 3 years
- Class 1 and 2 misdemeanor convictions after 5 years
- Eligible felony convictions listed under Va. Code § 19.2-392.12 after 7 years
- Cases completed through deferred disposition programs
- Charges automatically sealed under 2021 reforms
- Marijuana possession convictions (separate provision, broader eligibility)
Generally does not qualify
- Class 1 and 2 felonies (most)
- Violent felonies as defined in Va. Code § 17.1-805
- Sex offenses requiring registration on the Sex Offender Registry
- Murder and manslaughter
- Rape and other serious sexual assault offenses
- Felony child abuse and neglect
- DUI (most — specific analysis required)
- Crimes involving use of a firearm in certain circumstances
- Any case with pending charges or active supervision
Virginia's list of eligible felonies is specific and statutory. Do not assume your felony qualifies — look up your specific charge under Va. Code § 19.2-392.12 or consult an attorney.
Waiting periods in Virginia
Virginia's waiting periods for conviction expungements are measured from the date your sentence was fully served — which includes any probation or supervised release period, as well as payment of all fines and costs. For non-conviction expungements (acquittals, dismissals, nolle prosequi), the waiting periods are shorter or zero.
Waiting Periods
The clock starts on the date shown below — not your arrest date.
Class 3 or 4 misdemeanor
Clock starts: Date of conviction
Lower-level misdemeanors. No incarceration for Class 4; up to 12 months for Class 3.
Class 1 or 2 misdemeanor
Clock starts: Date sentence fully served
Includes traffic misdemeanors and more serious misdemeanor categories.
Eligible felony
Clock starts: Date sentence fully served (including any supervised release)
Only eligible felonies under Va. Code § 19.2-392.12. Violent felonies, sex offenses, and most Class 1/2 felonies remain ineligible.
Acquittal or no-information
Clock starts: Date of acquittal or entry of no-information
Cases where you were found not guilty or charges were dropped before trial.
Nolle prosequi (case abandoned by prosecution)
Clock starts: Date the nolle prosequi was entered
Virginia allows expungement of nolle prosequi cases after a 1-year waiting period.
The filing process in Virginia
Virginia's expungement process runs through the Circuit Court. For conviction expungements under the 2021 law, you must file a petition. There is no automatic process for conviction expungement.
How to file your expungement petition in Virginia
- 1
Get your Virginia criminal history
1–3 weeks$15Order your official Virginia criminal history from the Virginia State Police Central Criminal Records Exchange (CCRE). This document shows every Virginia conviction and arrest on your state record. You need it to verify your specific charges and conviction dates.
Order at vsp.virginia.gov. Processing takes 1–3 weeks for mail requests. In-person at VSP headquarters may be faster.
- 2
Pull your court records
1–3 daysVaries, usually $5–$15 for copiesLocate your court case records at the Circuit Court where your case was heard. Virginia courts have online case access at courts.state.va.us. You need the case number, conviction date, specific charge with Virginia Code reference, and your sentence discharge date.
- 3
Complete the expungement petition form
1–2 hoursFreeVirginia has standardized expungement petition forms. Download the current petition for expungement (Form DC-210 for District Court or the applicable Circuit Court form) from courts.state.va.us. Fill it out completely: your information, the charge, case number, court, and statutory basis for the petition.
If you are petitioning for a non-conviction record (acquittal, nolle prosequi, no-information), the form and process is slightly different than for the newer petition-based conviction expungement.
- 4
File at the Circuit Court
1 day$86 filing feeFile your petition with the Circuit Court in the jurisdiction where the charge arose. For conviction expungements, this is always the Circuit Court. Pay the filing fee at the clerk's window. The clerk will give you a hearing date.
Ask the clerk whether the court accepts e-filing for expungement petitions. Virginia courts have been expanding e-filing, but not all courts offer it for all petition types.
- 5
Get fingerprinted
Same day$10–$25 depending on locationVirginia requires fingerprints to be taken in connection with an expungement petition. You can be fingerprinted at any Virginia State Police office or law enforcement agency. The fingerprints are submitted as part of your petition to confirm identity and run a current background check.
Some Circuit Court clerks can direct you to where to get fingerprints locally. Call ahead to confirm the process in your jurisdiction.
- 6
Commonwealth Attorney is notified
30–60 daysNothingThe court notifies the Commonwealth Attorney (Virginia's term for the prosecutor) of your petition. They have an opportunity to respond. Most petitions for non-conviction records receive no opposition. Petition-based conviction expungements under the 2021 reforms may receive more scrutiny.
- 7
Attend your hearing
30–60 minutesNothingVirginia courts schedule hearings for expungement petitions. Show up, be prepared to explain your situation and why expungement serves the interest of justice. For non-conviction records, the hearing is often brief. For conviction expungements, be prepared to discuss your life since the conviction.
Bring documentation of what you have accomplished: employment records, letters of support, completion certificates for any programs. Virginia judges have discretion — make the case for yourself.
- 8
Order signed — records expunged
4–8 weeks for record updatesNothingIf granted, the judge signs the expungement order. The court sends copies to the Virginia State Police and other agencies. VSP updates the state criminal history database. Keep certified copies of the order.
- Virginia State Police criminal history (vsp.virginia.gov) — $15
- Circuit Court case records — case number, conviction date, charge with Va. Code reference, discharge date
- Completed expungement petition form (courts.state.va.us)
- Fingerprint card taken at VSP or law enforcement agency
- Filing fee payment ($86)
- Fee waiver application if you cannot afford the filing fee
- Documentation of rehabilitation (employment records, letters of support)
- Two copies of everything
Virginia requires fingerprints as part of the expungement petition process. Get fingerprinted before your filing date — you will need to attach the fingerprint card to your petition.
What Virginia's expungement does — and does not do
- Federal records are not affected. FBI databases and federal agency records remain unchanged by a Virginia expungement order.
- Law enforcement retains access. Police, prosecutors, courts, and corrections can access expunged records for criminal justice purposes.
- Some licensing boards can see expunged records. Virginia licensing boards for healthcare, teaching, and other regulated professions may retain access.
- You must disclose in certain situations: law enforcement employment, positions requiring federal security clearances, applications for a license to work with minors.
- Immigration consequences may remain. A Virginia expungement does not eliminate potential immigration consequences under federal law.
- Private background check companies may lag. They have time to update after a court order — run a background check on yourself after 90 days and dispute any lingering records.
Despite these limits, Virginia expungement removes the conviction from the background checks most employers and landlords actually run. For most people, that is what matters most.
Free and low-cost legal help in Virginia
Virginia's 2021 law created new pathways, but it is also relatively new, and some aspects of implementation are still being worked through. If your case is complicated — or if you are not sure whether your specific offense qualifies — legal help is worth seeking.
- Legal Aid Justice Center — free legal help statewide for income-eligible Virginians. justice4all.org or call 1-866-534-5243.
- Virginia Legal Aid Society — serves Central and Southeast Virginia. vlas.us.
- Blue Ridge Legal Services — serves Western Virginia. brls.org.
- Central Virginia Legal Aid Society — serves the Richmond area. cvlas.org.
- Virginia Poverty Law Center — policy and litigation on legal aid issues. vplc.org.
- Virginia Courts Self-Help Center — forms, guides, and information at courts.state.va.us.
- Virginia State Bar Lawyer Referral Service — vsb.org/lrs — connects you with attorneys who offer initial consultations.
Legal Aid Justice Center specifically handles expungement cases and has experience with the 2021 reforms. Their intake staff can tell you quickly whether your case is one they take.
Ready to file? We handle the paperwork.
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