Fairfax Expungement Lawyer

A criminal charge does not always end with a conviction, but the record of an arrest or charge can still follow you for years. In Fairfax, background checks often show dismissed charges, nolle prosequi entries, and even acquittals unless the record is formally cleared. A Fairfax expungement lawyer helps determine whether Virginia law allows your record to be expunged or sealed and guides you through a process that is procedural, evidence-driven, and strictly governed by statute.

Monument Legal assists individuals seeking expungement or record sealing in Fairfax County. Our focus is on accurate eligibility analysis, careful petition preparation, and realistic expectations under current Virginia law.

What Expungement and Sealing Mean in Virginia

Expungement in Virginia is currently governed by Virginia Code § 19.2-392.2. When a record is expunged, police and court records relating to the charge are removed from public access and destroyed or sealed as required by law.

A Shifting Legal Landscape

The statutes governing these records are currently undergoing a significant transformation. While traditional expungement remains reserved for non-convictions (like acquittals and dismissals), a newer framework for record sealing will soon expand to include certain convictions.

• Upcoming Effective Date: The primary provisions of Virginia’s expanded record-sealing laws are set to take effect on July 1, 2026.
• Expanded Eligibility: Starting in July 2026, individuals can begin filing petitions to seal certain misdemeanor and low-level felony convictions that were previously ineligible for relief.
• Expungement vs. Sealing: Whether expungement or sealing applies depends on how the case ended. Expungement generally removes non-conviction records entirely, while sealing restricts public access to convictions or deferred dismissals while the record remains accessible to law enforcement.

These remedies are not automatic. Eligibility depends on the specific outcome of your case and, in many situations, whether a Motion to Seal attorney can demonstrate that the continued existence of the record causes a manifest injustice.

Who Is Eligible for Expungement in Fairfax

Eligibility is highly specific and fact-dependent. Typical situations where expungement may be available include:

• Charges that were dismissed or no papered
• Cases where the Commonwealth entered a nolle prosequi
• Acquittals after trial
• Charges where the petitioner received an absolute pardon

In some circumstances, individuals with certain convictions may qualify for record sealing, but not expungement. Virginia law does not permit expungement of most convictions without a pardon.

Each case must be evaluated individually. The court will not grant expungement simply because a charge was dismissed.

The Legal Standard the Court Applies

For most expungement petitions, the petitioner must show that the continued existence of the record causes a manifest injustice. Courts consider factors such as:

• The nature of the charge
• The reason the case was dismissed or resolved
• The petitioner’s criminal history
• The impact of the record on employment, housing, or education

The Commonwealth has the right to object, and expungement hearings are often contested.

The Fairfax Expungement Process

Expungement cases in Fairfax follow a formal legal process.

Step 1: Eligibility Review: Determine whether Virginia law permits expungement or sealing, based on the case’s disposition.

Step 2: Filing the Petition: A petition is filed in the circuit court where the charge originated. The petition must include specific information required by statute.

Step 3: Commonwealth Response: The Commonwealth’s Attorney may object to the request.

Step 4: Court Hearing: If contested, the court holds a hearing where evidence and legal arguments are presented.

Step 5: Court Order: If granted, the court issues an order directing agencies to expunge or seal the record.

Errors or omissions in this process can delay or derail a case.

Common Misconceptions About Expungement

Many people misunderstand how expungement works in Virginia.

• A dismissed charge is not automatically expunged
• Not all convictions can be expunged
• Expungement is discretionary, not guaranteed
• Background check companies may still report records until the order is properly enforced.

Understanding these limits is critical before filing.

Frequently Asked Questions

How long does expungement take in Fairfax?

The timeline varies depending on whether the Commonwealth objects and whether a hearing is required. Many cases take at least three to four months from filing to final order.

Will expungement remove my record from all databases?

Expungement removes records from official law enforcement and court systems. Private background check companies are required to update records once notified, but compliance can take time.

Can employers still see an expunged case?

Once expunged, the case should not appear on standard background checks. In most situations, you may lawfully state that the charge did not occur.

Is sealing the same as expungement?

No. Sealing limits public access, while expungement removes or destroys records as provided by law. Eligibility rules differ.

Speak With a Fairfax Expungement and Motion to Seal Lawyer

Clearing or limiting access to your criminal record can affect job opportunities, housing, and peace of mind. Virginia expungement and sealing laws are technical and strictly applied. While expungement is generally for non-convictions, a Motion to Seal attorney handles the complex process of restricting public access to eligible convictions and deferred dismissals under Virginia’s expanding record relief statutes.

Monument Legal provides clear, Fairfax-specific guidance on both expungement and record sealing. If you are dealing with a criminal record and need reliable legal guidance, contact our Fairfax criminal defense attorney today for a free consultation. You can schedule your consultation by calling (202) 689-4439 or filling out the contact form.