Fairfax, VA Expungement Attorney

Compassionate Expungement Lawyer Representing Clients in Fairfax

The long-term impact of a criminal record can be a heavy burden to bear. An arrest or criminal charge in your history can hold you back from career opportunities, obtaining a loan, or even securing housing. This holds true even if years have passed since the initial incident. However, you may have options to minimize the impact of a criminal record. A Fairfax, VA expungement lawyer can help you explore your legal options.

At Bret Lee Legal Solutions, we provide compassionate counsel and legal representation to people who have been convicted of criminal offenses. As a solo practitioner, Attorney Bret Lee will handle your case with a personal approach, helping you pursue the best outcome.

What Is Expungement?

As a rule, expungement is mainly available when a charge did not end in a conviction. That includes cases in which the person was acquitted or the charge was otherwise dismissed. Virginia law also allows relief when someone else used your name or identifying information in a criminal case without your consent. Under the current statute, a person in those situations may petition to expunge the police records and court records relating to the charge.

What Is Record Sealing?

Record sealing is a newer and broader concept in Virginia, and major changes are scheduled to take effect on July 1, 2026. Under the new law, "sealing" means blocking public access to records relating to an arrest, charge, or conviction, while still allowing limited disclosure in certain legally authorized situations. In other words, sealed records are not the same as records that never existed, but they are removed from ordinary public view.

Beginning July 1, 2026, Virginia will provide for automatic sealing in some situations and petition-based sealing in others. Certain misdemeanor acquittals and dismissals will be automatically sealed, and some listed misdemeanor convictions—such as certain petit larceny, shoplifting, trespass, disorderly conduct, and similar offenses—may qualify for automatic sealing after the required waiting period if other conditions are met. The new law also allows petition-based sealing for some deferred dismissals, misdemeanors, Class 5 and Class 6 felonies, and certain larceny-related felonies.

How to File a Petition for Expungement in Fairfax

For a traditional expungement, the petition is filed in the circuit court for the county or city where the case was originally filed. The petition should include the relevant facts, and if reasonably available, a copy of the warrant, summons, or indictment. It should also include information such as the date of arrest and the name of the arresting agency.

Virginia's court instructions also require service of the petition on the attorney for the state. In addition, the petitioner generally must obtain a full set of fingerprints from a law enforcement agency so they can be submitted through the required records process. In practice, even a petition that looks simple on paper can become much harder if the paperwork is incomplete or the state objects.

At an expungement hearing in Virginia, the judge reviews the petition, any objections from the prosecution, and the evidence supporting your request. The court may consider the final outcome of the charge and whether keeping the record would cause a manifest injustice. If the judge grants the petition, the court will order the relevant police and court records to be expunged.

Meet With a Fairfax, Virginia Expungement Lawyer

Clearing up a criminal record issue in Virginia can be more complicated than many people expect. Whether you want to expunge a dismissed charge or determine whether a record may become sealable, it is worth getting advice tailored to your situation. Call 703-936-0580 or contact our Fairfax, Virginia expungement attorney to schedule a free consultation.