Expungement

expungement

Expungement Information

An expungement is an action, when court ordered, that is 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. 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

  • Expungement Application; Instructions
  • 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.
    • You may submit a copy of the proposed order, which will be indexed and scanned.
    • The copies will be used for the following:
      A copy of the petition shall be served on the Commonwealth's Attorney. The Commonwealth may file an objection or answer to the petition within twenty-one (21) days after it is served.

Filing Fee

  • The filing fee is $96 (includes service fee).
  • Fees must be paid by cash, certified check, money order or personal check.
  • 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 your local sheriff's office or police station to obtain your fingerprint cards.

Radford City Circuit Court Clerk's Office
619 Second Street
Radford, Virginia 24141

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.

 

Please Note: Court personnel are prohibited by law from giving legal advice.