Please note that your case will not proceed until this is done.
Background Check in Virginia - Free Public and Criminal Records
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. 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.
Criminal History Record Checks
It is not intended to be a replacement for competent legal advice. Moreover, it is important for a person to understand precisely what is contained in a criminal history record before reaching out to prospective employers. The reality is that a majority of employers in the Commonwealth of Virginia conduct background checks on potential employees. These background checks include accessing basic information that is publicly available and contained in a criminal history record maintained by CCRE.
CCRE makes available three types of record requests and searches for an individual in the Commonwealth of Virginia. An individual is able to request his or her own criminal history record maintained by the Commonwealth at CCRE.
Background Check Procedures in Virginia
CCRE makes record request forms available on its website in regard to each of these three different types of criminal history record requests. The agency charges different fees depending on what type of record request is being made. A person needs to allow 12 to 14 days for the processing of the criminal history records. Once the request has been processed, the records will be sent via first class United States Mail.
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Alternative resources do exist for obtaining criminal history records in Virginia. The FBI maintains its own set of rules, regulations and guidelines for obtaining these records. A person seeking a criminal history record in Virginia can also obtain that information from one or another of the district courts in the Commonwealth.
For example, if a person was prosecuted for a crime in a particular county in Virginia, that individual can obtain a criminal history record from that court. Each individual district court in Virginia establishes its own procedures for obtaining criminal records. In addition, each individual district court in the commonwealth establishes its own fee scale for obtaining these criminal history records. CCRE maintains criminal records indefinitely. Records can be sealed or expunged by court order.
However, absent those types of orders, these records remain in the CCRE system and available as permitted by law. Courts are obligated to retain the records of criminal cases for a period of time established by law in the commonwealth. As a general rule, a district or trial court in the commonwealth must maintain records of criminal proceedings for a period of ten years.
Court records in criminal cases are subject to being sealed by order of the court. However, a court will very rarely issue this type of order sealing records in a criminal case.