Woodbridge Expungement Attorney
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If you have ever been arrested for or charged with a crime in Virginia, even if you were acquitted, your record may still be visible in a background check. These days, a criminal record can follow you for the rest of your life, affecting your job prospects, housing opportunities, education, security clearance, and professional licensure. Fortunately, the Commonwealth of Virginia has an option to clear your name through expungement.
At Stevens Caruso, a Woodbridge, Virginia-based criminal defense law firm, we represent individuals throughout Prince William County and Northern Virginia as they pursue expungement of their records. Whether you are charged with a misdemeanor that was dismissed or a felony that resulted in a not guilty verdict, we can assess your eligibility and fight to get you the second chance you deserve.
What Is Expungement in Virginia?
Expungement is the process of removing arrests and charges from your Virginia record. It does not completely erase the record, but it does seal it so that it is not available to potential employers, landlords, and the general public. The records can only be viewed in very limited situations by obtaining a court order and in most situations on can legally deny ever being charged of an offense that has been expunged.
Virginia law is specific and narrow in who qualifies for expungement. It is important to note that expungement differs from a pardon or the reversal of a conviction. Rather, it is primarily available to those who have not been deemed innocent of a crime.
In addition, expungement can restore your dignity and enable you to fully re-enter society without the stigma of a dismissed criminal accusation. In an increasingly competitive job market, even a dismissed charge can be enough to cost you an opportunity. For this reason, seeking expungement can be one of the most crucial steps you can take to protect your future and reputation.
Who Qualifies for Expungement in Virginia?
You may be eligible for expungement in Virginia if you:
- Were found not guilty of the charge
- Were charged and the charge was dismissed
- Were wrongfully charged, and your name was used in a case by mistake (identity theft or mistaken identity)
- Were charged and successfully completed a deferred disposition (depending on the case)
- Received an absolute pardon for a crime you did not commit
Recent legislative changes have expanded specific opportunities to seal criminal records; however, expungement under current law remains highly regulated and limited by specific legal criteria.
Misdemeanor Expungement vs. Felony Expungement in Virginia
Most expungements in Virginia are for dismissed misdemeanors. These are generally straightforward cases compared to felony expungements. Typical cases eligible for expungement include:
- Petty theft/shoplifting charges that were dismissed in court
- Disorderly conduct charges that resulted in a not-guilty verdict
- Trespassing charges that were dismissed due to insufficient evidence
- Driving While Intoxicated charges resulting in a not guilty verdict
- Assault and Battery Charges that were dismissed
Felony expungements are more difficult and often contested in court. Even if the felony charge was dismissed or you were acquitted, you must prove that keeping the record public would result in a “manifest injustice.
Manifest Injustice includes such things as said arrest records being a hindrance to an innocent citizen’s ability to obtain employment, an education and to obtain credit
What Cannot Be Expunged in Virginia?
Unfortunately, many criminal records cannot be expunged under current Virginia law. These at times can include:
- Convictions (except in cases of absolute pardon)
- Plea agreements (even if the charge was reduced or dismissed as part of the plea)
- Deferred findings in cases where a guilty finding was entered and sometimes even when dismissed
- Charges that were dismissed as part of a guilty plea to another offense or upon meeting certain conditions for the dismissal
Note that in 2021, the Virginia legislature passed a bill (Virginia’s Clean Slate Law) that expanded opportunities for the sealing of criminal records “record sealing” that were to take effect as of July 2025, which may provide relief for some who were not eligible for expungement. However, the effective date has been pushed to July 1, 2026, and expungement remains limited to those who were not found guilty.
What Is the Expungement Process in Woodbridge?
Expunging a record in Woodbridge or anywhere in Virginia is a multi-step process that includes:
- Filing a Petition. You must file a petition for expungement with the Circuit Court that heard your case. You must include a certified copy of the charge that was resolved or explain its absence.
- Fingerprinting. You must be fingerprinted and submit the prints to the Virginia State Police, who will run a background check.
Notice to the Commonwealth’s Attorney. The Commonwealth’s Attorney is notified that the petition has been filed and can object if they believe that expungement is not appropriate. - Court Hearing. A judge reviews the case. For felony charges, you must prove that the record is causing or is likely to cause you a “manifest injustice,” such as inability to obtain a job or maintain a clearance, denial of housing, educational opportunities, or student loans to name a few.
- Judge’s Ruling. If the court grants your petition, the order is sent to the Virginia State Police, and your record is deemed expunged.
How Long Does Expungement Take in Virginia?
The expungement process in Virginia takes an average of 3 to 6 months, depending on the complexity of your case, the court’s docket, and whether the Commonwealth’s Attorney objects. If the petition is contested, it can take longer.
How Much Does Expungement Cost?
The current cost varies based on the specifics of your case, but in general, you can expect:
- Court filing fee: Approximately $98
- Fingerprint/background processing fee: Approximately $15
- Attorney’s fees: The cost of legal representation for expungement varies based on the complexity of the particular case(s) and the number of charges that are seeking to be expunged.
Feel free to contact Stevens Caruso today to get the most up-to-date information regarding the potential cost of your expungement.
Why You Need a Woodbridge Expungement Attorney
While you can file for expungement on your own, doing so without an attorney is risky, especially if you are charged with a felony or if the Commonwealth’s Attorney objects. Here’s how Stevens Caruso can help you:
- We evaluate your eligibility. Many people do not realize they qualify. We review your entire case history and determine the best legal approach.
- We prepare and file your petition properly and promptly. Avoid rejections and court delays with expertly prepared legal filings.
- We handle objections. If the prosecutor contests your petition, we can argue your case before the judge and present evidence of the harm your record is causing.
- We protect your privacy and your future. We understand how sensitive these issues are and how important it is for you to move on without the past holding you back.
Our team has represented expungement clients from diverse backgrounds, including students, military personnel, teachers, healthcare professionals, government employees, and more. We know how to build a strong case for why your record should be cleared and are here to help you regain your dignity.
Expungement FAQs
Can I expunge a conviction if I completed a diversion or first offender program?
Generally, no. If a guilty finding was entered, even with a suspended sentence or diversion, you are not eligible for expungement. However, the new sealing law may provide alternatives in the future.
What does “manifest injustice” mean in felony expungement cases?
You must show that keeping your record public causes actual harm to your life, like job loss, denial of housing, denial of education, denial or credit to name a few. Documentation and testimony can strengthen your case.
Will an expunged record still show up on a background check?
No, once your record is expunged, it is removed from public databases and will not appear on background checks.
Can juvenile records be expunged?
In many cases, yes. Juvenile records are generally eligible for automatic or petition-based expungement depending on the circumstances and the age at the time of the offense.
What if I was charged but never arrested?
If a criminal charge appears on your record, even if you were not arrested, you may still be eligible for expungement if the case was dismissed or resulted in a not guilty verdict.
Is expungement the same as sealing a record?
No, but they are similar. Expungement removes the charge from public view under Virginia law, while record sealing (under expanded laws potentially beginning in 2026) may apply to certain convictions or deferred dispositions and also restricts public access.
Let Stevens Caruso Help You Take the First Step Toward Getting a Clean Slate
Your past does not have to define your future. If you were arrested, charged, or wrongfully accused in Woodbridge, Manassas, or anywhere else in Prince William County or Northern Virginia you may have the opportunity to expunge your record and start over. Let the experienced team at Stevens Caruso guide you through the process with the skill, discretion, and determination your case deserves.
Whether you are seeking to clear a misdemeanor or defend against a felony charge, we are here to help. Do not let an outdated record hold you back from the life you deserve. Contact Stevens Caruso today for a free consultation and learn how we can help you clear your name and get your life back on track by contacting Casey on his cell phone 703-967-5750 or Lisa on her Cell 804-731-4262 or the firm’s online contact form.