Arlington VA Expungement Lawyer

There is life after a criminal charge is brought against you, but it can feel difficult to move forward, even if your case did not end in a conviction. The contents of your criminal record can be used to deny you housing, credit, and employment. Some Virginia residents who have been arrested on a criminal charge may have their records sealed from public view, which is a process known as expungement. An Arlington expungement lawyer can provide crucial guidance for your expungement efforts.

Why You Should Trust Mersberger Criminal Defense 

Criminal defense attorney, Dennis M. Mersberger at Mersberger Criminal Defense is a fierce defender of our clients’ rights. We provide skilled legal counsel at every stage of their journey throughout the justice system. That way, all possibilities for resolving a criminal charge(s) can be addressed in a manner that keeps expungement an option. He can answer questions about expungement and your potential eligibility.

What sets our law firm apart is our strong record of success and our lead attorney’s decades of criminal defense experience. When you work with our team, you are connected directly to our award-winning defense lawyer, who takes a hands-on approach to managing cases from start to finish.  

Benefits of a Criminal Charge Expungement 

The crime rate in Arlington is 27.28 per 1,000 residents in a typical year, and many convicted defendants deal with serious setbacks and hardships for years or decades after their initial conviction. A criminal record can lead to personal and work-related hardships and setbacks.  

A criminal conviction can mean the loss of a work license and challenges in securing future jobs. Employers screen for criminal records, and a conviction for any crime can be a serious red flag. An expungement can remove that barrier to gainful employment. When a charge is clear from your record, it may not appear in most background checks, which can greatly improve your ability to apply for jobs, housing, and other opportunities.

Clearing a record can also restore your sense of privacy. Past charges that once followed you can become far less visible in everyday situations. This may reduce the stress you are experiencing as you move forward in life. The process can benefit your reputation. Instead of being defined by a past accusation or charge, you can move forward, facing fewer obstacles tied to your record. 

Who Is Eligible for Record Expungement? 

A key factor in determining eligibility for expungement is whether you were actually convicted of the charge for which you were arrested or charged with in court. If you were convicted of a crime in Virginia — whether a misdemeanor or a felony — you are not eligible for expungement of that conviction according to Virginia Code § 19.2-392.2. 

In particular, Virginia Code § 19.2-392.2 provides, among other things, that you may be eligible for expungement if a charge ended in: 

• Acquittal 

• Nolle prosequi (the prosecutor declined to pursue the case) 

• A situation in which it was “otherwise dismissed,” including dismissal by accord and satisfaction pursuant to Virginia Code § 19.2-151 

If you qualify for record expungement, our firm’s lawyers can: 

• Explain the process of filing a petition for your record to be cleared. 

• Represent you at any required hearings. 

How the Expungement Process Works in Virginia 

In basic terms, to have an eligible charge expunged, the process begins by filing a petition for expungement in the circuit court of the jurisdiction wherein the charge was concluded along with service of the petition on the Commonwealth’s Attorney. The petitioner must then have their fingerprints taken and sent to the Virginia State Police. The Virginia State Police complete a criminal history check and transmit that to the clerk’s office. 

Once those steps are complete, depending on the particular jurisdiction and the seriousness of the charge, the matter is either scheduled for a hearing before a judge or an agreed order granting the expungement is entered by the court.

The last step in the process is the Virginia State Police will receive the expungement order and will go about the process of making sure all criminal justice agencies identified as having had possession or received dissemination of the identified criminal history record information for the charges and dates identified, have indicated that such records have been expunged in accordance with the requirements of the Code of Virginia. Once that process has been completed to the satisfaction of the Virginia State Police, they issue a confirmation letter. 

Sealing of Criminal Records- 

Beginning July 1, 2026, Virginia expands this form of relief through new criminal record-sealing laws. While traditional expungement still applies mainly to non-convictions, many misdemeanor offenses and some dismissed charges may now be sealed automatically or through a petition.  

These include certain low-level convictions, marijuana offenses, and dismissed cases. Sealing removes the record from public view and restricts access by employers, landlords, and background check companies. Many serious violent crimes and sex crimes are excluded from this process. For cases that are not automatically expunged, individuals may file a petition with the court.  

Why You Should Hire an Expungement Lawyer  

An expungement can allow you to put the past behind you, so you are not defined by it. The decision to hire an expungement lawyer greatly improves the chances that your case can lead to a successful outcome. An Arlington expungement attorney has years or decades of experience in managing complex expungement cases. They can explain the process, gather the documentation that is needed, and initiate the process so no details are missed.

Their understanding of expungement laws can be crucial for the process. If there are challenges or follow-up questions that arise, an expungement lawyer can address those matters before they lead to setbacks or serious challenges. At every step, an expungement lawyer can follow the progress of your case and keep you updated on important matters. That way, you are always aware of important developments tied to your case. 

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Regain Your Life by Clearing Your Record 

If an old legal matter is still holding you back, contact Mersberger Criminal Defense. We serve clients across northern Virginia, including the City of Alexandria, Fairfax County, Arlington County, Loudoun County, Prince William County, Stafford County, and many others.