Expungement Information

Pursuant to Virginia Code Section 19.2-392.2, an Expungement is an action used to delete all police and court records pertaining to a criminal case when any of the following has occurred: acquittal, nolle prosequi, dismissal, absolute pardon, or an individual’s name used in error. The Expungement process is not available when the person has been convicted, or the court has found evidence sufficient to convict the person. When a record is expunged, the record is not destroyed but removed from public access and sealed. (Note: Once the record is expunged it can only be accessed by Court Order.)

Required Documents

• Petition for Expungement
• An original Petition for Expungement, plus two additional copies.
• A certified copy of the charge(s) with the disposition of the charge(s) to be expunged, plus two additional copies.
• Supplemental Information for Expungement Refund
• Expungement Order
  
  • The order should only be submitted to the court when it is ready to be entered.
  • All required documents need to be filed before submitting the order for entry (i.e., criminal history with fingerprint card).
• The case will be assigned a civil action case number. This is a number by which the court references your case and must appear on any future documents regarding your petition.

Filing Fee

• The filing fee is $96 per petition being filed (includes service fee). 
• Fees must be paid by cash, certified check, money order or personal check (no starter checks will be accepted). 
• Checks and money orders may be made payable to "Clerk of Circuit Court." 
• Credit cards will not be accepted for the filing fee of the petitions for an expungement.

How to File

In person: bring your completed paperwork and filing fee to the Clerk of the Circuit Court during normal business hours. 

By mail: Send your completed paperwork, copies and filing fee to the appropriate address below. Include a self-addressed, stamped envelope so we can return a copy of the petition and receipt for you to take to Virginia State Police.  Mailing address:  Fauquier County Circuit Court 29 Ashby Street, Warrenton, VA  20186

Setting a Hearing Date

• After the criminal history check has been filed with the court, a hearing may be set.
• It is the responsibility of the petitioner to confirm the fingerprint card and criminal history has been received by the court. 
• Hearing dates for expungement cases are set on the Circuit Court Civil Motions day docket.
• An original Praecipe must be filed with the Clerk of the Circuit Court Civil Division no less than 14 days prior to the hearing date.

Please Note: Court personnel are prohibited by law from giving legal advice. If you need assistance or advice, please visit https://selfhelp.vacourts.gov/