Criminal records are open to the public ― anyone can look up a person’s arrests, convictions and even browse through court documents if they choose to do so. Even if a person was not convicted of a crime, an arrest record can affect one’s ability to find a job, rent an apartment and otherwise lead a normal life. However, there are instances when a criminal record may be protected from public viewing.

Although the terms are sometimes used interchangeably, “expunging” a record means destroying it and “sealing” a record means that it remains in existence but hidden from public access.

Sealing a Criminal Record

When a case is “sealed,” it is blocked from public viewing. A Virginia court may seal records in a criminal case ― for example, if disclosure might threaten a defendant’s right to a fair trial. The defendant has the burden of proving that this is the only reasonable manner of protecting their interests.

Expunging a Criminal Record

When a Virginia criminal record is “expunged,” on the other hand, all police and court records pertaining to the case are removed from the public view. In some cases, it involves complete destruction of the record, and for others it means the matter is placed under lock and key. An application must be made by the individual wishing to have the matter expunged. If approved, the applicant may omit reference to the criminal record in job, rent and license applications, etc.

The Commonwealth of Virginia is very strict about expunging criminal records. Under Virginia Code § 19.2-392.2, an application for expungement may be made only in the following circumstances:

  • Criminal Convictions. A record of a criminal conviction may be expunged only if an absolute pardon has been granted by the Governor. All other convictions remain a matter of permanent record.
  • Arrest Records. Police arrest and court records may be expunged only if the defendant went to trial and was acquitted of the charges brought against them; the case was not prosecuted (nolo prosequi) or was otherwise dismissed; or where the person named in the record was a victim of identity theft, meaning the actual offender used their name without consent or authorization.
  • DNA Records. A person whose DNA profile was entered into the Department of Forensic Science databank and a felony conviction based on the DNA profile was reversed and the case dismissed, may apply to have the DNA record and all identifiable information purged from the database, and all physical samples destroyed.
  • Juvenile Records. The clerk of the juvenile and domestic relations district must destroy files, papers, and records (paper and electronic) of a juvenile proceeding if the juvenile that was the subject of that proceeding is 19 years or older, and it has been five years or more since their last hearing. If, however, the case involved a motor vehicle violation, the records will be destroyed only when the juvenile is 29. If an adult committing the same delinquent act would face felony charges, then the clerk retains the juvenile records permanently.
  • Purging an Inaccurate Criminal History Record. A person may apply to have an inaccurate criminal history record purged, modified or supplemented.

Superior Legal Support in Staunton

If you are looking for a Staunton, VA expungement attorney to help you clear a criminal record, contact our office. The Alleman Law Group, PLC focus on criminal defense work and has extensive experience both in and out of the courtroom. We defend clients in the Shenandoah Valley and Hampton Roads regions on a wide range of criminal charges, and will stand at your side from arrest to resolution. Call us today at 540-688-3544 to schedule a confidential consultation.