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    Virginia - Expungement

    What is Expungement?

    Virginia offers expungement of some adult criminal records, which is similar to what most states call "sealing." In Virginia, an expunged record is simply hidden from public view, not destroyed.

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  • For example, private employers, landlords, and banks cannot see an expunged record. Judges, law enforcement, and some Commonwealth employers may have access to expunged records.

    Expungement in Virginia is very limited because it requires innocence.

    That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.

    Virginia automatically expunges juvenile records once you turn 19 and five years have passed since your last juvenile hearing.

    Virginia DMV records are automatically destroyed when you turn 29.

    Who is Eligible for Expungement?

    In general, you are eligible to have a record expunged if charges were dismissed, you were found not guilty, the prosecutor decided not to pursue the case (nolle prosequ

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