Record Protection & Expungement

Expungement removes a record completely from public view. Once expunged, you can generally say the arrest or charge never occurred (with limited exceptions for certain government positions). Sealing restricts access to the record but does not remove it—only authorized parties (such as law enforcement, courts, and employers in certain sensitive positions) can access sealed records. For most employment and housing purposes, a sealed record will not appear on background checks. Virginia law provides different pathways for each, depending on your case outcome.

Yes. Under Virginia Code § 19.2-392.2, charges that are dismissed or nolle prossed (where the prosecutor declines to prosecute) can typically be expunged immediately—meaning the entire record is removed. This is one of the most favorable outcomes for record relief. Even if your case was not dismissed, you may qualify for other relief options depending on the disposition and the type of charge. We evaluate all available options.

For dismissed or nolle prossed charges, expungement can often be granted relatively quickly—sometimes within 2-4 months from filing. For other types of record relief (such as sealing of conviction records), timelines vary depending on the charge, the waiting period required by law, and court schedules. We provide realistic timelines based on your specific situation and the court's current workload. In many cases, the judge will grant relief without requiring a hearing, which can expedite the process.

Virginia law generally does not allow expungement of conviction records (with narrow exceptions for certain felonies under recent changes). However, you may be eligible for sealing of conviction records under specific circumstances, such as after a certain waiting period or if you were convicted of a non-violent felony and meet other criteria. We review your conviction record to identify any available relief options and explain realistic expectations. Additionally, we can advise on sentence modification or other post-conviction remedies that may benefit your situation.

After expungement, you can generally state that the arrest or charge never occurred. For sealed records, you may be able to answer "no" to background check questions, depending on the context. However, there are exceptions—certain government positions, law enforcement, and professional licensing may require disclosure of sealed records. We provide clear guidance on how to answer specific questions from employers, landlords, and licensing boards, and we provide documentation of your expungement or sealing order to show background check companies and agencies.