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The filing fee is $98 (includes service fee). Fees must be paid by cash, certified check, money order or personal check (no starter checks will be accepted). Checks and money orders may be made payable to Clerk of Circuit Court. Credit cards will not be accepted for the filing fee of the petitions for an expungement.
How do I obtain an expungement? In order to obtain an expungement, you will have to bring a court action (file a petition) in the circuit court for the jurisdiction where the charge(s) were made.
To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period. During that waiting period, the Commonwealths Attorney receives a copy of the petition, and has an opportunity to object.
There is no national or formal process in place for individuals to request the deletion of a court conviction.
Felonies that were reduced to misdemeanors, deferred dispositions or first offender program dismissals are not eligible for expungement in Virginia. In Virginia, the expungement process often takes about six (6) months to complete and can take longer in some jurisdictions.
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Convictions. Convictions received when 18 or over will be removed from standard and enhanced checks if: 11 years have passed since the date of conviction.
An expungement only applies to those found innocent or not convicted. An expungement does not apply to those who have been convicted of a crime, unless the conviction is later overturned or an absolute pardon is granted. Absolute pardons are granted only in rare cases by the governor.
All agencies that may have records must be identified by checking the appropriate box(es) under Defendant(s). A $250 surcharge will be assessed when the petition is filed with the court. The judge may waive the surcharge if the petitioner is found by the judge to be indigent and unable to pay the costs.

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