Virginia uses Va. Code Ann. § 9.1-134 for (Effective until July 1, 2026) Sealing of criminal history record information. The statute says: “The Board shall adopt procedures reasonably designed to (i) ensure prompt sealing or purging of criminal history record information when required by state or federal law, regulation or court order, and (ii) permit opening of sealed information under conditions authorized by law.” Va. Code Ann. § 19.2-392.3 speaks in expungement. Va. Code Ann. § 9.1-134 speaks in sealing. They are different orders.
On expungement of false identity information from police and court records; Identity Theft Passport, the Virginia text is Va. Code Ann. § 18.2-186.5. The statute says: “A. Any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification may file a petition with the court for relief pursuant to §…”
When a different section applies
Read Va. Code Ann. § 19.2-392.3 when the issue is disclosure of expunged records. The statute says: “A. It shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record…”
Virginia uses Va. Code Ann. § 19.2-392.3:1 for motion for the disclosure of expunged police and court records in a civil case. The statute says: “In action for damages against a locality or a law-enforcement officer arising out of or relating to charges where a petition for the expungement of police and court records for such charges is pending or where the police and court records have been expunged, any party to such…”
On (Effective until July 1, 2026) Expungement of police and court records, the Virginia text is Va. Code Ann. § 19.2-392.2. The statute says: “A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.”
Read Va. Code Ann. § 16.1-69.55 when the issue is the limits on the order. The statute says: “In misdemeanor and traffic infraction cases, except misdemeanor cases under § 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained for 10 years, including cases sealed in expungement proceedings under §…”
The petition and the sections next to it
Where petitions fail
Watson W. Gregg v. Commonwealth of Virginia, 227 Va. 504 (1984) is worth reading in full. The opinion puts it this way: “In this appeal, we consider whether a specific type of criminal record may be expunged under Code § 19.2-392.2.”
A.R.a. v. Commonwealth of Virginia, 295 Va. 153 (2018) is worth reading in full. The opinion puts it this way: “Yes; the amendment to a non‑lesser‑included misdemeanor means the original felony charge is 'otherwise dismissed,' making the petitioner eligible for expungement.”
Forness v. Commonwealth (2023) is worth reading in full. The court denied the request. The opinion puts it this way: “The amendment does not render the original felony DWI charge “otherwise dismissed”; therefore the petition for expungement is properly denied.”
Read in this order
- Open Va. Code Ann. § 9.1-134 and read the part on (Effective until July 1, 2026) Sealing of criminal history record information. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Virginia county uses, then check the form against Va. Code Ann. § 9.1-134.
- Then read Watson W. Gregg v. Commonwealth of Virginia, 227 Va. 504 (1984). That is a Virginia court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Virginia?
On (Effective until July 1, 2026) Sealing of criminal history record information, the Virginia text is Va. Code Ann. § 9.1-134. The statute says: “The Board shall adopt procedures reasonably designed to (i) ensure prompt sealing or purging of criminal history record information when required by state or federal law, regulation or court order, and (ii) permit opening of sealed information under conditions authorized by law.” Va. Code Ann. § 19.2-392.3 speaks in expungement. Va. Code Ann. § 9.1-134 speaks in sealing. They are different orders.
How have Virginia courts ruled on expungement and sealing?
Watson W. Gregg v. Commonwealth of Virginia, 227 Va. 504 (1984) “In this appeal, we consider whether a specific type of criminal record may be expunged under Code § 19.2-392.2.”
County practice in Virginia can add a local form. It cannot replace Va. Code Ann. § 9.1-134.