Expungement Attorney Fairfax County & Alexandria

Handling Routine and Litigated Expungements in Northern Virginia

When you face a criminal charge on your record, securing an expungement can positively impact your personal and professional life. We have successfully expunged numerous cases, including the expungement of felony offenses amended to misdemeanors, and we frequently serve individuals who live or work in Fairfax County or Alexandria and need to navigate the local courts' requirements for clearing their records. Our attorneys understand how the procedures can differ among Virginia jurisdictions and guide clients through every step of the process, ensuring all filings, notifications, and hearings align with Fairfax County Circuit Court and Alexandria Circuit Court expectations.

Why Seek Expungement in Fairfax County & Alexandria

The existence of a criminal charge, even if dismissed, can impair employment or leasing opportunities, harm your reputation, and cause other collateral consequences. Our lawyers can advise whether a particular criminal charge is eligible for expungement. Determining eligibility often becomes complex and depends on the circumstances of each case.

Not every case in Virginia is treated the same. Fairfax County, for example, processes a high volume of petitions given its large population and economic activity, which can result in longer timelines and additional administrative steps. We recommend beginning the expungement process as soon as you believe you may qualify, especially if you anticipate upcoming job applications or background checks. The support of an expungement attorney in Fairfax County can guide you through each step, help you gather the necessary records, and ensure all filings meet the local court's strict requirements.

Requirements For a Virginia Charge to Qualify For Expungement

In general, for a Virginia charge to qualify for expungement, the accused must have been found not guilty or the charge must have been dismissed through accord and satisfaction, nolle prosequi, or otherwise dismissed. See Virginia Code 19.2-392.2. If the accused was found guilty of the offense or a court found there were facts sufficient to find the defendant guilty, the charge generally cannot be expunged.[1] What is considered “otherwise dismissed” under Virginia’s expungement statute can be complex.

For example, if a charge has been amended to a different offense, the original charge may be considered “otherwise dismissed” and eligible for expungement if it is not a lesser-included offense of the original offense.[2] As an example, if a felony assault and battery on a police officer charge was amended to disorderly conduct, the felony assault charge is considered otherwise dismissed and is eligible for expungement because disorderly conduct is not a lesser-included offense of assault on a police officer.

Because local courts may interpret statutes and amendments differently, we carefully research the precedent in each jurisdiction—including prior Fairfax County and Alexandria decisions—before advising on eligibility or strategy in your case. If a charge is eligible for expungement, the person petitioning for expungement still must meet the statutory standard to demonstrate entitlement to expungement.

Expungement of a Felony Offense in Fairfax County & Alexandria

In general, for a felony offense or for a person with a prior criminal record, the petitioner must show that the existence of the record to be expunged amounts to a manifest injustice to the petitioner.

If the matter sought to be expunged is a dismissed misdemeanor and the petitioner has no prior criminal record, the burden is on the Commonwealth to demonstrate good cause as to why the matter should not be expunged. See Va. Code 19.2-392.2(F).

Understanding the burden of proof is critical. In some local courts, including Fairfax County, judges may require more detailed evidence of how the record has impaired your life or career prospects. We help present this information clearly and persuasively to demonstrate manifest injustice or to shift the burden to the prosecution in eligible cases. Consulting an expungement lawyer in Fairfax County or Alexandria early in your case can help you understand these burdens and prepare the strongest arguments on your behalf.

Regarding the effect of an expungement, the Virginia Supreme Court stated that “the expungement statute applies to innocent persons, not to those who are guilty.” Gregg v. Commonwealth, 227 Va. 504, 507 (Va., 1984). That is, when a circuit court signs an order expunging the police and court records related to a criminal matter, it necessarily finds the petitioner is an innocent person under the meaning of Gregg. This aligns with the policy of the Virginia General Assembly in passing expungement statutes:

The General Assembly recognizes that arrest records can hinder an innocent citizen’s ability to obtain employment, pursue education, and secure credit. It further acknowledges that police and court records of citizens who have been absolutely pardoned for crimes for which they were unjustly convicted can also create obstacles. This chapter aims to protect such persons from unwarranted harm caused by being arrested and convicted.

In addition to clearing your name, an expungement can restore opportunities that would otherwise remain out of reach. Employers, housing providers, and educational institutions often use background checks when making decisions. With an expungement, you can move forward confidently—without a dismissed charge casting doubt or creating unnecessary difficulties on these important milestones.

What to Expect During the Expungement Process in Fairfax County & Alexandria

The expungement process in Fairfax County and Alexandria requires several well-defined steps, each of which involves interactions with local agencies and courts. The journey often begins with a consultation to evaluate eligibility based on your individual case record and the circumstances under which the charges were resolved. If you are eligible, the next phase usually involves preparing and filing a petition with the appropriate circuit court.

Once you file the petition, it must be served on the Commonwealth’s Attorney as well as local law enforcement agencies, such as the Fairfax County Police Department or the Alexandria Police Department, depending on where the original charges were brought. These agencies and offices have specific procedures for handling petitions, responses, and background checks as required by Virginia statute.

After these parties receive notice, the court may schedule a hearing. At this stage, petitioners present their reasons for seeking expungement, and the Commonwealth can object or argue why records should not be expunged. In Fairfax County, hearings take place at the Fairfax County Courthouse on Chain Bridge Road, and in Alexandria at the Alexandria Courthouse on King Street. Both venues have distinct process times, security requirements, and local protocols. The judge ultimately decides whether to grant the petition, and if approved, orders are sent to law enforcement agencies to seal the record.

Given the volume of cases processed at these courthouses and the rigorous documentation required, working with seasoned attorneys can reduce delays and ensure your petition meets the expectations of local judges and staff. Throughout each step, clear communication and preparation help avoid common errors that can delay or risk the expungement being denied. Consulting an expungement lawyer in Alexandria or Fairfax County is particularly valuable when navigating these location-specific procedures and ensuring you submit everything correctly from the beginning.

Benefits of Expungement for Your Future

Securing an expungement can remove the stigma of a dismissed criminal charge or arrest from public records, which opens new opportunities in many areas of life. Employers—particularly those in competitive fields in Fairfax County and Alexandria—routinely conduct background checks. With an expungement on file, you are legally entitled to state that the expunged matter did not occur, reducing barriers to jobs, promotions, and professional licenses.

In addition to employment benefits, expungement improves access to housing and higher education. Landlords often evaluate criminal records during the leasing process, and colleges may require disclosure of certain legal histories for applications or financial aid. Having a charge expunged can help you access resources or opportunities that might otherwise be closed due to a prior arrest or dismissed charge. In Northern Virginia, where local economies thrive on government and private sector employment, the ability to clear your name can provide vital peace of mind and a fair chance at advancement.

For families and individuals who plan to volunteer, obtain security clearances, or seek positions involving trust and responsibility, expungement offers another layer of assurance when background investigations occur. This legal relief can also support emotional recovery by restoring your reputation and reducing the anxiety of being judged due to past accusations that resulted in dismissal or acquittal.

Navigating Local Court Procedures in Northern Virginia

Courts in Northern Virginia—including Fairfax County and Alexandria—may interpret state expungement laws consistently, but each courthouse operates with its own rules regarding scheduling, pleadings, and hearings. Applicants should be aware that the Fairfax County Circuit Court handles one of the largest case volumes in the Commonwealth, which may increase wait times for hearings and decisions. Alexandria’s court has its own set of administrative guidelines, and both locations can require in-person appearances for certain stages of the expungement process.

Applicants must provide accurate and thorough documentation; errors or omissions can result in delays. Local court clerks’ offices or online case information systems may offer specific forms or updates on scheduling, but these resources also differ in accessibility, deadlines, and policies. Familiarity with local requirements is critical, especially for out-of-town petitioners or those with prior criminal justice involvement in multiple jurisdictions within Northern Virginia.

Close attention to the court’s written rules, noticing requirements, and standing orders greatly improves your chances of a smooth and timely expungement. Our knowledge and experience working within these courthouses allow us to avoid common missteps and keep the process moving forward. When applicants understand what to expect from each local court, it empowers them to prepare thoroughly and set realistic expectations for the process and potential outcomes.

Frequently Asked Questions

How Long Does the Expungement Process Take in Fairfax County or Alexandria?

The length of the expungement process depends on factors such as court caseload and completeness of submitted materials, but it often ranges from a few months to over six months, particularly in Fairfax County due to high volume. Timely and complete filings can reduce unnecessary delays.

Does an Expungement Remove All Records from Every Database?

Expungement in Virginia orders police and courts to seal records from public view. However, private background check companies may not update their files immediately, and expunged matters are not removed from federal or out-of-state databases that maintain independent records. Direct, local court orders remain the most effective form of relief within Virginia.

Can I Expunge More Than One Charge at the Same Time?

Multiple eligible charges may be subject to expungement, but each may require a separate petition. Careful review of your complete record is recommended so petitions include all eligible matters and documentation. Working with an expungement attorney in Fairfax County or Alexandria can help you address all appropriate records in one proceeding.

To schedule your consultation, contact King, Campbell, Poretz, and Mitchell today.