Virginia Expungement: Eligibility, Process & What the Data Shows

According to 60,761 public court records from 2023–2024, DUI / DWI cases across 123 Virginia jurisdictions have an average dismissal rate of 11.7% and an average conviction rate of 86.8%.

Expungement allows individuals to petition the court to seal their criminal record in certain circumstances. In Virginia, this process is governed by Virginia Code § 19.2-392.2 and related statutes.

What Charges May Be Eligible

Virginia expungement is generally available when:

• Charges were dismissed — by the court or through nolle prosequi
• Acquittal at trial — found not guilty
• Certain misdemeanor convictions — under Virginia's 2021 expungement expansion for specific misdemeanor offenses after a waiting period
• Deferred disposition completed — where charges were dismissed upon completion of conditions

What Is Generally Not Eligible

• Felony convictions — with limited exceptions under recent law changes
• DUI/DWI convictions — these are specifically excluded from expungement
• Sex offense convictions — excluded from expungement eligibility
• Cases with subsequent convictions — additional convictions may affect eligibility

What Our Data Shows

Our analysis of Virginia court records shows that dismissal rates vary significantly by charge type and jurisdiction — which directly affects the pool of cases potentially eligible for expungement:

• DUI/DWI cases — dismissal rates vary by jurisdiction, but convictions are not eligible for expungement
• Drug Possession cases — higher dismissal rates in some jurisdictions, potentially creating more expungement-eligible cases
• Reckless Driving cases — charge reductions and dismissals may create eligibility
• Assault & Battery cases — dismissal patterns vary significantly by jurisdiction

Use our expungement eligibility checker to get a preliminary assessment based on your case details.

The Expungement Process

1. Determine eligibility — Review your case outcome and charge type against Virginia's expungement criteria
2. File a petition — Submit an expungement petition to the circuit court where your case was heard
3. Fingerprinting — Provide fingerprints for a background check through the Virginia State Police
4. Hearing — Attend a court hearing where the judge reviews your petition
5. Court order — If granted, the court issues an order to seal the records

Waiting Periods

Virginia does not impose a mandatory waiting period for expungement of dismissed charges or acquittals. For eligible misdemeanor convictions under the 2021 expansion, waiting periods apply and vary by offense severity.

Next Steps

If you believe you may be eligible for expungement, use our eligibility checker for a preliminary assessment, then consult a licensed Virginia attorney who handles expungement cases. Many attorneys offer free initial consultations for expungement inquiries.