1. Verify Your Expungement in Virginia (State-Level)
Virginia expungements are managed by the Virginia State Police (VSP) through the Central Criminal Records Exchange (CCRE). Once an expungement order is granted, several steps can help you confirm that your records have been removed:
A. Request a Virginia Criminal Record Check
- Method: Submit a request to the VSP Criminal Record Check Division (CCRE).
- Form: Complete Form SP-167 for a personal record check.
- Fee: Approximately $20 (subject to updates).
- Processing Time: Typically 2-4 weeks.
- How to Request:
- Mail the completed SP-167 form with a notarized signature.
- Alternatively, request online (if available) or visit a VSP-approved fingerprinting location.
- Note: If your expungement was successful, the record should not appear in the results.
B. Check Local Court Records
- Steps:
- Visit or contact the clerk’s office at the General District or Circuit Court where your case was originally filed.
- Request a record search or case history check.
- Outcome: If your record was expunged, it should no longer appear in the court’s public records.
C. File a Verified Petition with the Court
To confirm that all covered records have been removed from background checks, you can file a verified petition with the court that granted your expungement.
- Legal Basis:
- § 19.2-392.3 (Disclosure of Expunged Records): Effective pursuant to Acts 2023, cc. 554 and 555, cl. 4. This statute allows the court—upon receiving a verified petition—to order that you (and your counsel) may review and copy the expunged court or police records.
- Purpose: This process provides an opportunity to directly verify that the records have been properly expunged and are no longer accessible.
D. Understand the Role of the Department of State Police
- Legal Basis:
- § 19.2-392.2 (Expungement of Police and Court Records): Effective pursuant to Acts 2023, cc. 554 and 555, cl. 4.
- What This Means: Once the expungement order is issued, the court clerk forwards a copy of the order to the Department of State Police. The VSP is then responsible for ensuring that the records are expunged according to the established rules and regulations.
2. Verify Your Expungement in Federal Databases
Although state and local records are expunged, federal databases might not update immediately.
A. Request an FBI Identity History Summary Check
- Method: Submit a request for a Personal Identity History Summary Check (commonly known as a “rap sheet”).
- Form: Use FD-258 (fingerprint card).
- Fee: Approximately $18.
- Processing Time: About 3-4 weeks electronically, or 2-3 months via mail.
- How to Request:
- Submit online through the FBI’s Identity History Summary Check website: FBI Identity History Summary Check.
- Or mail the completed form with your fingerprints to the FBI Criminal Justice Information Services (CJIS) Division.
- Note: If your record was properly expunged, it should not appear in the FBI background check.
3. Verify Through Private Background Check Services
Even though state and federal records are updated, private background check companies might still have outdated information.
- How to Check:
- Use reputable services like GoodHire, Checkr, or BeenVerified to run a background check.
- Search online court databases (such as Virginia’s case information system) to confirm that your record is no longer public.
- Legal Protection:
- § 19.2-392.16 (Dissemination of Criminal History Records by Business Screening Services): (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542). This statute defines “business screening service” and prohibits such services from disseminating expunged records, ensuring these records do not appear in private background checks.
4. Additional Steps Before Traveling
If you are concerned that your expunged record might affect your ability to travel or re-enter the U.S., consider the following:
- Consult an Immigration Attorney:
- An immigration attorney can help ensure that your expunged record does not cause issues with travel or re-entry into the United States.
- Carry Proof of Expungement:
- Bring a copy of your expungement order or court order while traveling, so you can present it if any questions arise at immigration.