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The Clerk of Court has presented a general overview of procedural information. For review of a specific statute in its entirety, please refer to the Code of Virginia.
Expungements of Criminal Records
Before proceeding, see Virginia State Code section 19.2-392.2
Prepare a petition, which includes your personal information, the charge or charges to be expunged and all other information pertaining to those charges. Be sure to include each charge to be expunged and coinciding dates.
Certified copies of warrants/indictments showing the disposition of the case must be attached to the petition.
The filing fee is $89.00 and the service fee is $12.00 for a total of $100.00. This fee may be paid by check, cash or money order ONLY.
Checks of money orders should be payable to Chesapeake Circuit Court. The service fee is required as a processing fee. The Sheriff must serve a copy of the petition and warrants on the Commonwealth's Attorney.
Upon filing of the petition, the petitioner will be given a date/time stamped copy of the petition and a fingerprint card. You will need to take this to the Police Department. They will take your fingerprints and forward them with the petition to the Virginia State Police for a criminal history background check. Please note that your case will not proceed unless this is done.
The Virginia State Police will forward to this office, under seal, the criminal background history and the set of fingerprints. You will be notified by letter that this has been received and the date and time of your hearing before the Judge.
On the date of the hearing, please bring your Order of Expungement to court with you. You and the Commonwealth's Attorney will need to endorse the order prior to presenting it to the Judge for entry. Upon entry, you will be given 2 certified copies. The Clerk's Office will sent a copy to the Virginia State Police. They will notify all agencies to expunge your record. Please note that this process may take 3 - 6 months.
This handout has been developed to assist you in obtaining an expungement of a criminal record. It is not intended to be a replacement for competent legal advice. In fact, it is strongly recommended that you hire an attorney to represent your interests. The Clerk or Deputy Clerk cannot advise or represent you.
If at anytime you need to contact the Clerk's Office concerning this matter, please have your Civil Case number available. You may reach the Civil Division, Chesapeake Circuit Court at 757-382-3037.
If you mail any documents to the Court, the address is:
Circuit Court of Chesapeake
307 Albemarle Drive, Suite 300A
Chesapeake, VA 23322