Clear Your Record. Protect Your Future.

Even if your case was dismissed, dropped (nolle prosequi), or you were found not guilty, just having an arrest record can hold you back. Under Virginia Code §19.2-392.1, expungement is designed to help innocent individuals remove certain charges from public view, so past accusations don’t continue to affect your future.

This is especially important if you were charged with DUI or other criminal offenses and the case didn’t result in a conviction. Employers, licensing boards, and background checks often don’t distinguish between charges and convictions. Expungement helps protect your record—and your future.

Battlefield Law Group serves clients throughout Prince William, Fairfax, Loudoun, Arlington, Stafford, and Fauquier Counties, as well as all Northern Virginia courts.

Why Trust Battlefield Law Group?

Attorney Nicole Naum of Battlefield Law Group presented a Continuing Legal Education (CLE) seminar on expungements to the Prince William Bar Association in 2015 and continues to stay on the cutting edge of legal developments in this area.
We stay up-to-date with every change in Virginia law, including a major expansion of expungement eligibility expected July 1, 2025. If you’ve been charged but not convicted, now is the time to review your record with an experienced attorney.

Are You Eligible for Expungement?

To qualify, you must have maintained your innocence, meaning no guilty or nolo contendere plea. You may be eligible if:

• You were found not guilty

• The charge was nolle prosequi (dropped by the prosecutor)

• The case was dismissed, including under §19.2-151 (Accord and Satisfaction)

• You were convicted of a separate, unrelated offense (not a lesser-included charge)

• You received an absolute pardon after a conviction

❌ Not eligible if you pled guilty, even under first offender programs like §18.2-251 or a Suspended Imposition of Sentence (SIS).

Relevant Case Law:

• Dressner v. Commonwealth, 285 Va. 1 (2013)

• Dotson v. Commonwealth, 276 Va. 278 (2008)

• Necaise v. Commonwealth, 281 Va. 666 (2011)

Will the Court Grant Expungement?

It depends on your circumstances:

• If you have no prior criminal record and the charge was a misdemeanor, the court must grant expungement unless the Commonwealth proves good cause to deny it.

• If you’re seeking to expunge a felony or have a prior record, you must show that retaining the record would cause a manifest injustice, such as harm to job, housing, or education opportunities.

How the Expungement Process Works

1. We file a petition in the Circuit Court where your case was heard.

2. You pay a filing fee (around $100) and submit fingerprints.

3. A hearing is scheduled—your attorney will advise whether you need to attend.

4. If approved, the Virginia State Police will seal the arrest record, removing it from public access.

This process typically takes several months, but it can offer lasting relief and a clean record.

Start Fresh with Battlefield Law Group

Expungement isn’t just about clearing your name, it’s about reclaiming your future. Contact Battlefield Law Group today to see if you're eligible. We proudly serve clients in Manassas, Fairfax, Arlington, Alexandria, Leesburg, Warrenton, and across Northern Virginia.