Expungement Petition - Preparation Worksheet - Virginia

PREPARATION GUIDE — NOT A SUBSTITUTE FOR THE CURRENT COURT FORM

Virginia Circuit Court Form CC-1473 (07/26) is the statewide petition for
expungement under Va. Code § 19.2-392.2(A) after an acquittal, nolle prosequi,
or other qualifying dismissal. Complete the current official form and follow
the filing court's instructions. This guide does not cover every identity-
misuse, pardon, writ-of-actual-innocence, or Chapter 23.2 sealing procedure.

Virginia § 19.2-392.2(A) Expungement Preparation Guide

1. Pathway screen

Use CC-1473 only if the charge was:

☐ Acquitted.

☐ Nolle prossed.

☐ Otherwise dismissed, including dismissal by accord and satisfaction under
Va. Code § 19.2-151.

☐ Dismissed under Va. Code § 19.2-298.02 with the agreement of all parties that
the matter may be treated as otherwise dismissed for expungement purposes.

Do not use this pathway merely because a conviction may qualify for sealing.
Petition-based sealing under Chapter 23.2 uses different statutes and forms.
Identity-misuse relief under § 19.2-392.2(B) also has a separate fingerprint
requirement.

2. Caption and filing court

Circuit court: [CITY OR COUNTY] Circuit Court

Court address: [________________________________]

New civil case number: [________________________________]

File in the circuit court of the city or county where the charge was disposed
of. No court fee or cost is charged for a petition under § 19.2-392.2(A).

3. Information required by § 19.2-392.2(C) and CC-1473

Petitioner

• Full name used at the time of arrest: [________________________________]
• Current full legal name: [________________________________]
• Date of birth: [__/__/____]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Charge

• Specific charge to be expunged: [________________________________]
• Statute or ordinance: [________________________________]
• Arrest date: [__/__/____]
• Arresting agency: [________________________________]
• Court that disposed of the charge: [________________________________]
• Underlying case number: [________________________________]
• General district court case number, if heard on appeal: [______________]
• Final disposition: [ACQUITTAL / NOLLE PROSEQUI / DISMISSAL]
• Final disposition date: [__/__/____]

Attach a copy of the warrant, summons, or indictment if reasonably available.
If the charging document, arrest date, or arresting-agency name is not
reasonably available, state why:

[____________________________________________________________]

[____________________________________________________________]

4. Manifest-injustice statement

Section 19.2-392.2(F) ordinarily requires the court to find that continued
existence and possible dissemination of the arrest information causes or may
cause circumstances constituting a manifest injustice. State concrete,
truthful facts rather than conclusions:

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

If the petitioner has no prior criminal record and the arrest was for a
misdemeanor, or the charge was a civil offense, the statute provides an
entitlement to expungement unless the Commonwealth shows good cause to the
contrary.

5. CCRE request and service

After filing:

☐ Request that the Central Criminal Records Exchange electronically forward
the petitioner's Virginia criminal history record to the circuit court.

☐ Have a copy of the petition served on the attorney for the Commonwealth for
the city or county where the petition is filed.

☐ Retain proof of service. The attorney for the Commonwealth has 21 days after
service to object, answer, or give written notice of no objection.

Attorney for the Commonwealth

[OFFICE NAME]

[ADDRESS]

6. Hearing and order

After receiving the criminal history record, the court conducts a hearing
unless the statutory no-hearing route applies. If the Commonwealth gives
written notice of no objection and, for a felony charge, stipulates to
manifest injustice, the court may enter an expungement order without a
hearing.

If relief is granted, the clerk forwards the order to the Department of State
Police. The petition, responsive pleadings, and expungement order are
maintained under seal as provided by § 19.2-392.2(M).

7. Filing checklist

☐ Download a fresh copy of CC-1473 and confirm the revision date.

☐ Complete every applicable field without altering the preset language.

☐ Attach the charging document or explain why it is unavailable.

☐ If required by the clerk, complete Circuit Court Form CC-1416.

☐ File in the circuit court where the charge was disposed of.

☐ Make the CCRE electronic-transmission request.

☐ Serve the attorney for the Commonwealth and retain proof.

☐ Calendar the 21-day response period and any hearing.

☐ After entry, retain a certified copy of the order securely.

Sources and References

• Va. Code § 19.2-392.2
• Va. Code § 19.2-298.02
• Va. Code § 19.2-392.3
• Va. Code § 19.2-392.4
• Virginia Circuit Court Form CC-1473 (07/26)