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Richmond Virginia Expungement Lawyer

Richmond Virginia Expungement Lawyer

Record-Clearing Defense Options Across Virginia

Expungement is the legal process of removing police and court records related to an arrest or charge from public view. In Virginia, a full expungement is only available for those found not guilty, whose cases were dismissed, or who were victims of mistaken identity. For criminal convictions, recent record reforms allow certain eligible records to be sealed instead. If you are looking for a lawyer for expungement, or want to know if you need a lawyer for expungement, Inch Law is here to advise you through every step.

How Expungement Differs from a Pardon

Expungement removes qualifying records from court and police files before conviction. Whereas, a pardon is an official forgiveness typically granted after conviction but does not erase the record. The new criminal record expungement laws in Virginia are designed to increase relief for people who have paid their debt to society but are still affected by past convictions.

Who Qualifies for Expungement in Virginia?

Under Virginia law (Virginia Code § 19.2-392.2), you may qualify to expunge or seal your criminal records in the following situations:

  • Acquittal of Charges: You were found “not guilty” by a judge or jury, following a formal trial.​
  • Dismissal or Dropped Charges: The government decided not to prosecute (nolle prosequi) or the charges were dismissed without sufficient evidence of guilt.​
  • Identity Theft/Mistaken Identity: If criminal charges were filed against you due to someone else using your name or identity.​
  • Absolute Pardon: You were convicted of a crime, but subsequently received an absolute pardon by the governor for a wrongful conviction; this grants automatic judicial expungement.​
  • Automatic and Petition-Based Sealing: Beginning July 1, 2026, many misdemeanor convictions (about 90%) and select non-violent Class 5/6 felonies are eligible to be sealed, either automatically or by petition if all requirements are met.

Judges generally cannot grant expungement for convictions except in cases with an absolute pardon, but new expanded eligibility for sealing begins July 2026. For most, consulting a record expungement lawyer or sealing and expungement lawyer is recommended to confirm eligibility and start the process.

Limitations on Expungement

While there is no lifetime limit for expunging dismissed or acquitted charges, recent legislative changes impose a lifetime limit of two sealed conviction records stemming from two sentencing events. Only offenses after January 1, 1986, are eligible for conviction record sealing, with specific violent or severe crimes remaining ineligible. A record expungement lawyer or lawyer for record expungement can clarify these recent restrictions.

Why Expungement Matters

A criminal record can create lasting barriers to employment, housing, education, loans, and personal peace of mind. Seeking criminal expungement lawyer services gives you a second chance and can protect your reputation, finances, and relationships.

The Expungement Process in Virginia

Beginning October 1, 2025, misdemeanor non-convictions such as acquittals or dropped charges can be automatically sealed for individuals with no prior convictions and no charges within three years. 

Some misdemeanors, such as marijuana possession, disorderly conduct, petit larceny, underage alcohol possession, concealment, and trespass, may be automatically sealed after seven years if the individual remains crime-free. However, misdemeanor DUI, domestic assault, or battery requires a formal petition, making a criminal record expungement lawyer especially valuable.​

Felony conviction records can be sealed, but only after 10 years have passed; additional restrictions include having no prior convictions for class 1 or 2 felonies or other severe offenses, and not seeking relief for DUI-related felonies, manslaughter, or domestic violence.

Potential Challenges During the Process

The expungement or record sealing process in Virginia involves strict eligibility reviews and careful documentation. Courts require petitioners to submit a detailed petition explaining why the expungement is warranted, which may include evidence of the harm caused by the records remaining public. The Commonwealth’s Attorney has an opportunity to object, which can lead to court hearings and additional delays. 

Confusion around evolving laws, especially with recent reforms effective in 2025 and 2026, creates challenges for those trying to determine procedural and eligibility requirements.

How a Virginia Expungement Lawyer Can Help

A knowledgeable expungement lawyer assesses eligibility, gathers necessary documents, argues effectively in court, and ensures errors or overlooked records are sealed or expunged as permitted. Inch Law’s experienced criminal expungement lawyers guide clients through record sealing, identity theft corrections, eviction expungement, and complex legal appeals.

Why Choose Inch Law for Expungement Cases?

Inch Law combines a deep understanding of new Virginia expungement laws with genuine commitment to helping you reclaim your future. Inch Law offers transparency on process, expungement lawyer cost, and supports you every step of the way.

Frequently Asked Questions About Expungement

Can a misdemeanor be expunged in Virginia?

Certain misdemeanor offenses can now be automatically sealed after specific waiting periods if eligibility criteria are met. Others, such as some DUI or domestic violence charges, require you to file a formal petition with the help of a lawyer for expungement or criminal record expungement lawyer.

How long does the expungement process take?

Automatic sealing for qualifying misdemeanors may occur after seven years. Petitions for sealings or expungement often take several months to be reviewed and ruled on by the court, so hiring a lawyer for record expungement can speed up the process and ensure accuracy

Does expungement erase the record completely?

Expungement limits public access to the record, especially for background checks by employers or landlords. Law enforcement and courts may still access expunged or sealed records for specific legal reasons, so you should discuss expectations with your record expungement lawyer.

Will employers see the record after expungement?

Most private employers and landlords cannot access records that have been sealed or expunged, removing a major obstacle to employment and housing. Some government agencies or licensing boards may retain limited access depending on the circumstances.

Taking the Next Step Toward a Clean Record

If your criminal record is holding you back, Inch Law’s team of expungement lawyers can help you understand your options and take proactive steps to seal or expunge qualifying records. Contact Inch Law today for a consultation and see how your record can be wiped clean.

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