Expungement Attorney Richmond Virginia

If you are planning to apply for an expungement then there are some things that you should know, like are you even eligible to get an expungement. In order to do so, you must know the exact requirements of getting an expungement and your own criminal charges or history.

The first step that you need to do before filing for an expungement or hiring a lawyer is to gain access to your criminal records; once you get access to your criminal history, you will be able to see exactly what is written in it, like the charges, etc. On the basis of this will you able to determine whether you are eligible for an expungement or not.

The process for obtaining your criminal record is by filling the ‘Criminal History Record Check’ application form which is available online or/and at your local police department, that is the Virginia State Police Department. Also, there is a fee of around $15 to $20 (that can be subjected to change) which you need to pay to receive your criminal record. After filling the form, you need to send it to the following address:

Virginia State Police

Central Criminal Records Exchange

  1. O. Box 85076

Richmond, VA 23261-5076

If you find any criminal charges on your record that do not belong to you or if the information present in it doesn’t match yours, then you shouldn’t file for an expungement. You first need to get this issue fixed. Don’t panic, you can start a ‘challenge of record’. This is done by reporting the issue with the details to the sheriff, your local police department or the State Police Headquarters. Also, you will have to request to be fingerprinted, if you want to contest your criminal record. Your fingerprints along with a valid photo identification (like a state-issued ID card or driver’s license) needs to be provided to the concerned authority, who will then have to document on a letterhead paper that he has received both the personal identification and the fingerprints. The fingerprints along with this letter then have to be mailed to the following address:


Central Criminal Records Exchange

Virginia State Police

  1. O. Box 27472

Richmond, VA 23261-7472

You will receive the written confirmation or receiving from the Central Criminal Records Exchange (CCRE) within 5 working days, after which they will commence investigations into your criminal records to identify if/what changes need to be made.

Coming back to the issue of getting an expungement… There is a certain eligibility criterion that you need to fulfill in order to file for an expungement, here are the details:

  • Should be found not guilty in a contempt of court (in a civil action)
  • Should be acquitted by a judge or jury in a criminal case in which he pled ‘not guilty’
  • Should be given a pardon even if he was previously convicted of a crime
  • Should be a victim of identity theft or whose identify/name was wrongfully dragged in a criminal case
  • Should not be prosecuted (nolle prosequi) on the orders of the Commonwealth Attorney’s Office in a criminal case
  • Should have received a pardon or case dismissal in case of rightful misdemeanor, assault or battery charges