VIRGINIA – [NAME OF CIRCUIT/GENERAL DISTRICT] COURT
[COUNTY/CITY], VIRGINIA
PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS
(Va. Code Ann. § 19.2-392.2)
Case No.: _____
Petitioner: [PETITIONER FULL LEGAL NAME],
v.
Respondents: COMMONWEALTH OF VIRGINIA and [ARRESTING LAW-ENFORCEMENT AGENCY]
Effective Date of Petition: [DATE]
[// GUIDANCE: This template is drafted for use in both Virginia General District and Circuit Courts. Practitioners should confirm the proper forum under Va. Code Ann. § 19.2-392.2 (B) and local rule requirements before filing.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions (Allegations & Legal Basis)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Inapplicable – intentionally abbreviated)
VIII. Dispute Resolution (Court jurisdiction already established)
IX. General Provisions
X. Execution Block
XI. Certificate of Service
XII. Proposed Order (Attachment A)
I. DOCUMENT HEADER
-
Parties
1.1 Petitioner: [PETITIONER FULL LEGAL NAME], DOB [MM/DD/YYYY], SSN -*-[LAST 4], resident of [ADDRESS, COUNTY/CITY, VA ZIP].
1.2 Respondent Commonwealth: Commonwealth of Virginia, by and through the Office of the Commonwealth’s Attorney for [COUNTY/CITY].
1.3 Law-Enforcement Agency**: [NAME OF AGENCY], the arresting agency that currently maintains the subject criminal records. -
Recitals
2.1 On or about [ARREST DATE], Petitioner was charged in the [COURT NAME] under Case No. [_] (the “Subject Charge”).
2.2 The Subject Charge was [select one: dismissed/nolle prosequi/“not guilty” verdict/mistaken identity/pardoned] on [DISPOSITION DATE].
2.3 Pursuant to Va. Code Ann. § 19.2-392.2, Petitioner seeks expungement (record-sealing) of all police and court records pertaining to the Subject Charge. -
Jurisdiction & Venue
3.1 This Court has subject-matter jurisdiction under Va. Code Ann. § 19.2-392.2 (B).
3.2 Venue is proper in this Court because the arrest occurred in [COUNTY/CITY], Virginia.
II. DEFINITIONS
For purposes of this Petition, the following terms shall have the meanings set forth below:
“Commonwealth’s Attorney” – the chief prosecuting official for [COUNTY/CITY], Virginia.
“Expungement” – the judicial sealing and treatment of police and court records as provided in Va. Code Ann. § 19.2-392.2, rendering such records inaccessible to the public except as expressly permitted by law.
“Petitioner” – the above-identified individual seeking expungement.
“Respondent Law-Enforcement Agency” – the arresting agency identified in Section I.
“Subject Charge” – the criminal accusation referenced in Section I.2.1.
“Waiting Period” – any statutory or court-ordered duration that must elapse prior to the granting of an expungement for certain deferred dispositions, if applicable.
III. OPERATIVE PROVISIONS (ALLEGATIONS & LEGAL BASIS)
3.1 Compliance with Procedural Prerequisites
(a) Petitioner has filed the instant Petition in writing and under oath.
(b) Petitioner has attached a certified copy of the charge disposition ([ATTACH AS EXHIBIT 1]).
(c) Petitioner has submitted a complete set of fingerprints to the Virginia State Police for automated comparison, as evidenced by attached Fingerprint Card Receipt ([EXHIBIT 2]).
(d) Petitioner has served a copy of this Petition on the Commonwealth’s Attorney for [COUNTY/CITY], Virginia, by certified mail, return-receipt requested, in accordance with Va. Code Ann. § 19.2-392.2 (G).
3.2 Eligibility for Expungement
(a) Petitioner was [acquitted/charge dismissed/nolle prosequi]; therefore, Petitioner is statutorily eligible under Va. Code Ann. § 19.2-392.2 (A)(1).
(b) Petitioner [has/has not] previously been convicted of a felony.
(c) If applicable, the statutory Waiting Period of [_____] years following dismissal pursuant to a deferred disposition has elapsed as of the filing date. [// GUIDANCE: Omit if inapplicable.]
3.3 Good Cause & Manifest Injustice
(a) The retention of the Subject Charge records constitutes a manifest injustice to Petitioner in that:
i. Employment prospects have been adversely affected;
ii. Housing applications have been denied;
iii. Petitioner suffers ongoing reputational harm.
(b) Expungement will not adversely affect public safety and is consistent with the public interest.
3.4 Relief Requested
(a) Entry of an Order directing all criminal justice agencies and clerks to expunge/seal all records relating to the Subject Charge.
(b) Direction that no reference to the Subject Charge shall thereafter be open for inspection except pursuant to a court order per Va. Code Ann. § 19.2-392.2 (K).
(c) Such further relief as the Court deems just and proper.
IV. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents, warrants, and verifies under oath that:
(a) All statements set forth herein are true and correct to the best of Petitioner’s knowledge, information, and belief;
(b) No material fact has been knowingly omitted;
(c) Petitioner understands that providing materially false information is punishable as perjury under Virginia law.
4.2 Survival. The representations and warranties in this Section shall survive the filing and determination of this Petition.
V. COVENANTS & RESTRICTIONS
5.1 Petitioner covenants to:
(a) Satisfy any additional procedural directives issued by this Court, including attendance at a hearing if scheduled;
(b) Promptly notify the Court of any change in address prior to disposition of this Petition.
5.2 Negative Covenants. Petitioner shall not seek destruction of law-enforcement records beyond what is authorized by Va. Code Ann. § 19.2-392.2 without further leave of Court.
VI. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure of Petitioner to appear at the scheduled hearing without good cause;
(b) Material misrepresentation in this Petition.
6.2 Remedies
Upon an Event of Default, the Court may dismiss the Petition with prejudice and impose any sanctions authorized by law, including, where appropriate, referral for prosecution under perjury statutes.
VII. RISK ALLOCATION
[// GUIDANCE: Traditional indemnification and liability-cap provisions are inapplicable to expungement petitions. This Section is intentionally abbreviated to confirm non-applicability.]
7.1 Indemnification – Not Applicable.
7.2 Liability Caps – Not Applicable.
VIII. DISPUTE RESOLUTION
8.1 Governing Law: Commonwealth of Virginia.
8.2 Forum Selection: [NAME OF COURT], [COUNTY/CITY], Virginia.
8.3 Arbitration: Not Available.
8.4 Jury Waiver: Not Applicable (equitable relief sought).
8.5 Injunctive Relief Preservation: Record-sealing order constitutes injunctive relief pursuant to Va. Code Ann. § 19.2-392.2.
IX. GENERAL PROVISIONS
9.1 Amendment and Waiver. This Petition may be amended only with leave of Court.
9.2 Severability. If any provision of this Petition is declared invalid, remaining provisions shall remain in full force to the extent permitted.
9.3 Integration. This Petition, together with all exhibits and attachments, constitutes the entire pleading respecting the subject matter hereof.
9.4 Electronic Filing & Signatures. To the extent permitted by the Virginia Supreme Court’s Rules of Court and local practice, electronic filing and electronic signatures shall have the same force and effect as originals.
X. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[PETITIONER FULL LEGAL NAME]
Petitioner, Pro Se [or “By Counsel”]
[ADDRESS]
[PHONE]
[EMAIL]
VERIFICATION
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______, to-wit:
I, [PETITIONER NAME], being duly sworn, depose and say that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.
[PETITIONER SIGNATURE]
Subscribed and sworn to before me on this ___ day of ____, 20__.
Notary Public
My commission expires: _
Notary Registration No.: _
XI. CERTIFICATE OF SERVICE
I certify that on the ___ day of ____, 20__, a true copy of the foregoing Petition and all exhibits was mailed postage-prepaid (or delivered) to:
Office of the Commonwealth’s Attorney
[ADDRESS]
[COUNTY/CITY], Virginia [ZIP]
[PETITIONER OR COUNSEL SIGNATURE]
XII. PROPOSED ORDER (ATTACHMENT A)
[// GUIDANCE: Attach as a separate, captioned order for the judge’s signature.]
VIRGINIA – [NAME OF COURT]
[COUNTY/CITY], VIRGINIA
Case No.: ______
ORDER OF EXPUNGEMENT
Upon consideration of the Petition filed pursuant to Va. Code Ann. § 19.2-392.2, any objections of the Commonwealth, the evidence adduced, and for good cause shown, it is hereby
ORDERED that the Petition is GRANTED; and it is further
ORDERED that the clerk of this Court, the Virginia State Police, the [RESPONDENT LAW-ENFORCEMENT AGENCY], and all other criminal justice agencies having records pertaining to the Subject Charge (as defined in the Petition) shall forthwith expunge all police and court records, including electronic records, concerning said charge in accordance with Va. Code Ann. § 19.2-392.2; and it is further
ORDERED that the above-referenced agencies shall respond to any inquiry that no record exists with respect to the expunged matter, except as otherwise provided by law.
ENTERED this ___ day of ____, 20__.
JUDGE
Seen and Agreed:
_____ _______
Counsel for Petitioner/Pro Se Commonwealth’s Attorney
[// GUIDANCE:
1. Fingerprint Submission – Provide the petitioner a Virginia State Police form (SP‐247) and ensure fingerprints are taken by an authorized agency.
2. Filing Fee – Verify current local fee schedule; indigent petitioners may file a completed DC-407 (“Petition for Proceeding in Civil Case Without Payment of Fees or Costs”).
3. Hearings – Some circuits set hearings automatically, others only on Commonwealth objection; check local docketing.
4. Waiting Period – If petition involves deferred dismissal under a statutory first-offender program, verify the elapsed time (commonly 1–3 years depending on statute).
5. Pardons – Where the predicate offense was pardoned, attach copy of the absolute pardon and reference § 19.2-392.2 (A)(2).]