Do You Qualify for Expungement in Prince William County? New Hope for a Clean Slate in Virginia
If you have a criminal record and are eligible for expungement, expunging it could truly be life-changing. Employers, landlords, banks, academic institutions, licensing boards, and various other entities can—and do—access applicants’ criminal records, and having an arrest on your record can prevent you from pursuing a wide range of opportunities. Learn more from an experienced Woodbridge expungement attorney:
When Do You Qualify for Expungement in Virginia?
Virginia’s expungement law is somewhat unique in that it does not apply to criminal convictions. A new law set to take effect on July 1, 2026, will allow sealing of qualifying convictions; while sealing offers many benefits—and will be well worth it for most people who qualify—it is not the same as expungement.
So, when do you qualify for expungement in Virginia?
Under Virginia’s current expungement law, you can qualify for expungement if the charge you are seeking to expunge meets one of the following requirements:
1. Your Charge was Dismissed Prior To or During the Trial
You may qualify for expungement if the charge you are seeking to expunge was dismissed prior to or during trial. Criminal charges can be dismissed for a variety of reasons, including insufficient evidence, prosecutorial misconduct, and violations of defendants’ constitutional rights. If you were not convicted and you did not plead “guilty” or “no contest,” seeking expungement may be an option.
2. You Were Found “Not Guilty” at Trial
Seeking expungement may also be an option if you were found “not guilty” at trial. If your criminal case in Prince William County went to a verdict and the judge or jury found that the prosecutors failed to meet their burden of proof, you will want to consult with a Woodbridge expungement attorney to find out if you qualify to file.
3. You Successfully Completed a Deferred Disposition
Seeking expungement is also an option for many individuals who resolved their criminal cases in Prince William County via deferred disposition. If you’ve been through the deferred disposition process, you know what this entails, but it basically involves having your case postponed while you satisfy various terms and conditions established by the judge. If your deferred disposition led to your charge being dismissed, you may qualify for expungement.
4. You Were a Victim of Identity Theft or Mistaken Identity
If you were wrongfully charged with a crime as a result of identity theft or a case of mistaken identity, you may qualify for expungement in this circumstance as well. To seek expungement based on identity theft or mistaken identity, you must include “one complete set of . . . fingerprints obtained from a law-enforcement agency,” with your expungement petition.
5. You Received an Absolute Pardon for a Crime You Did Not Commit
An absolute pardon for a crime that you did not commit is also grounds to file for expungement in Prince William County. If you received a pardon and are interested in having your criminal record expunged, our attorneys can explain everything you need to know and navigate the expungement process on your behalf.
Even if You Meet One of these Requirements, Expungement is Not Guaranteed
While these are all potential grounds for seeking to have your criminal record expunged in Prince William County, expungement is not guaranteed. If you generally qualify for expungement, there are still two key factors that could prevent you from having your record expunged:
- You Were Charged with a Felony – If you are seeking expungement of a felony charge in Prince William County, in addition to showing that you qualify for expungement generally, you must also be able to show that keeping your criminal record public would amount to “manifest” injustice under the circumstances at hand. This generally means that you must be able to affirmatively demonstrate that denying your petition for expungement would deprive you of opportunities to which you would otherwise be entitled (i.e., the opportunity to get an education, land a job or secure financing).
- Your Petition for Expungement is Denied – Seeking expungement is not simply a matter of filing a form and moving on with your life. Rather, you must properly file a petition for expungement in the appropriate court, and the presiding judge must approve your petition. The Commonwealth’s Attorney can object to your petition as well. To minimize the risk of having your petition for expungement denied, it will be important for you to work with an experienced Woodbridge expungement attorney throughout the process.
While expunging your criminal record can be life-changing, the process is not easy. You must meet various substantive and procedural requirements when submitting your expungement petition, and you must be able to navigate the expungement process successfully. Even simple mistakes and oversights can lead to denial. So, while you have the right to try to handle your expungement case on your own, it will be well worth it to have an experienced Woodbridge expungement attorney on your side.
Convictions Are Not Eligible for Expungement (Except in the Case of an Absolute Pardon)
We mentioned this above, but it bears repeating: In Virginia, criminal convictions are not eligible for expungement (except in the case of an absolute pardon). However, beginning July 1, 2026, certain criminal convictions may be eligible for sealing. If you have a conviction on your record, our attorneys can determine if you qualify to file for sealing under Virginia’s new Clean Slate Law, and if you do, we can help you get ready to file your petition as soon as the Clean Slate Law takes effect.
Discuss Your Situation with an Experienced Woodbridge Expungement Attorney in Confidence
Do you have more questions about the expungement process in Prince William County? If so, we invite you to get in touch. To discuss your situation with an experienced Woodbridge expungement attorney at Stevens Caruso in confidence, give us a call at 703-897-1777 or request a free and confidential consultation online today.