Expungement of Criminal Records

Expungement Process

Before proceeding, see Virginia Code ┬ž 19.2-392.2.
  • Prepare a petition for each charge, which includes your personal information, the charge or charges to be expunged and all other information pertaining to those charges. Be sure to include each charge to be expunged and coinciding dates.
  • Certified copies of warrants/indictments showing the disposition of the case must be attached to the petition.
  • The filing fee is $84 and the service fee is $12 for a total of $96. This fee may be paid by check, cash, money order, and credit or debit card.  Checks or money orders should be payable to Portsmouth Circuit Court. The service fee is required as a processing fee. The Sheriff must serve a copy of the petition and warrants on the Commonwealth's Attorney.
  • Upon filing of the petition, the petitioner will be given a date/time stamped copy of the petition. You will need to take this to the Police Department. They will take your fingerprints and forward them with the petition to the Virginia State Police for a criminal history background check. Please note that your case will not proceed until this is done.
  • The Virginia State Police will forward to this office, under seal, the criminal background history and the set of fingerprints. You will be notified by letter with your court date and time. You must appear for your court date.  
  • On the date of the hearing,  upon entry of the order you will be given 1 certified copy. The Clerk's Office will send a copy to the Virginia State Police. They will notify all agencies to expunge your record. Please note that this process may take 3 - 6 months.
This list has been developed to assist you in obtaining an expungement of a criminal record. It is not intended to be a replacement for competent legal advice. In fact, it is strongly recommended that you hire an attorney to represent your interests. The Clerk or Deputy Clerk cannot advise or represent you.

Mail to the Court

If you mail any documents to the Court, the address is:
Portsmouth Circuit Court
Civil Division
1345 Court Street, Suite 101
Portsmouth, VA 23704

Contact Us

If at any time you need to contact the Clerk's Office concerning this matter, please have your Civil Case number available. You may reach the Civil Division, Portsmouth Circuit Court at 757-393-8671, Option 4.