Remove Mugshots & Expunge Arrest Records in Virginia
An arrest in the Commonwealth of Virginia creates public records across law enforcement agencies, detention facilities, and court dockets. Even when charges are completely dismissed, initial arrest records and booking photographs remain publicly searchable unless an individual petitions the Virginia Circuit Court for a formal Order of Expungement.
Who Qualifies for Expungement in Virginia?
Under Virginia law, expungement is strictly governed by statute. Individuals seeking to clear an arrest record must meet explicit eligibility criteria codified in Virginia Code Section 19.2-392.2 through verified online public records. Virginia courts do not permit the expungement of adult criminal convictions under standard petition procedures.
To qualify for a court-ordered expungement in a Virginia Circuit Court, the criminal case must have terminated in one of the following non-conviction legal dispositions:
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1. Acquittal / Found Not Guilty at Trial
When an accused person enters a plea of not guilty and is formally acquitted by a judge or jury in a General District Court or Circuit Court, they are statutorily entitled to petition for expungement.
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2. Formal Charges Dismissed by Presiding Judge
Charges that were dismissed outright without any finding of guilt, deferred adjudication, or admission of criminal conduct are eligible for expungement upon filing a petition in Circuit Court.
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3. Nolle Prosequi Dispositions
When the Commonwealth's Attorney formally declines to prosecute and enters a nolle prosequi motion, the prosecution ceases. If the state does not re-indict within statutory limits, the petitioner may seek expungement.
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4. Mistaken Identity or Identity Theft
If an individual is arrested due to mistaken identification or another person unlawfully using their name and identifying information, Virginia law provides an expedited right to full expungement and fee reimbursement.
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5. Absolute Gubernatorial Pardon
An individual who has received an Absolute Pardon granted by the Governor of Virginia based on actual innocence may petition the Circuit Court for complete expungement of the underlying records.
Step-by-Step Virginia Court Expungement Process
Filing for an expungement in Virginia requires strict adherence to statutory deadlines and formal judicial procedures. The Supreme Court of Virginia establishes standardized forms for petitioners seeking record sealing across all 31 Judicial Circuits.
Obtain Certified Court Dispositions
Visit the Clerk of the Court where the original criminal case concluded (either General District Court or Circuit Court). Request a certified copy of the original arrest warrant or indictment and a certified copy of the final disposition order showing that the charge was dismissed, nolle prossed, or resolved by acquittal. Clerks typically charge a nominal fee ($2.00 to $5.00) for certification.
Prepare and File the Petition for Expungement (Form CC-1473)
Download official Supreme Court of Virginia Form CC-1473 (Petition for Expungement) or request a copy from the Circuit Court Clerk. The petition must be filed in the Circuit Court of the county or independent city where the arrest occurred or where the charges were originally initiated. Attach certified copies of the warrant and final court disposition to the petition and pay the required filing fee (approximately $86).
Complete Virginia State Police Fingerprinting
After filing the petition, take a stamped copy of Form CC-1473 to a local law enforcement agency (such as a county sheriff's office or police department) or a Virginia State Police barracks. Submit a complete set of rolled fingerprint cards specifically designated for expungement. The law enforcement agency forwards your fingerprints and petition copy directly to the Central Criminal Records Exchange (CCRE) of the Virginia State Police.
Serve the Commonwealth's Attorney & Attend Court Hearing
A formal copy of the petition must be served upon the Commonwealth's Attorney (prosecutor) for the jurisdiction. The Commonwealth has 21 days from service to file an objection or answer. Once the Virginia State Police submit your sealed criminal history report directly to the presiding Circuit Court judge, the court schedules an in-person expungement hearing where the petitioner or their attorney presents grounds for sealing.
Issuance and Execution of the Expungement Order (Form CC-1474)
If the Circuit Court judge determines that the continued existence of the arrest record causes or may cause a manifest injustice to the petitioner, the judge enters a formal Order of Expungement (Form CC-1474). The Circuit Court Clerk transmits certified copies of this order to the Virginia State Police CCRE, the arresting police department, and regional holding centers to permanently seal and segregate all electronic and physical records.
Getting Mugshots Removed from Third-Party Sites & Google
Commercial websites frequently scrape public booking logs and publish arrest photographs online to generate web traffic. In response to commercial exploitation, the Virginia General Assembly passed strict statutory protections regulating third-party mugshot publication via public arrest records.
1. Virginia's Criminal Fee Prohibition (§ 18.2-468.1)
Under Virginia Code Section 18.2-468.1, it is a Class 1 criminal misdemeanor for any commercial website publisher to solicit, demand, or accept any fee, payment, or financial consideration to delete, remove, or modify an arrest photograph. If a commercial website demands payment to remove an arrest record or mugshot, they are committing a criminal offense punishable under Virginia law by up to 12 months in jail and fines up to $2,500.
2. Civil Damages and Injunctions (§ 8.01-40.3)
Beyond criminal prosecution by local Commonwealth's Attorneys, Virginia Code Section 8.01-40.3 grants individuals a civil private right of action in Circuit Court against commercial operators who solicit fees for mugshot removal. Affected citizens may recover actual damages or statutory damages of $500 per statutory violation, plus mandatory attorney fees and court litigation costs.
3. Delisting Outdated Results from Google and Search Engines
When an arrest record is dismissed, expunged, or removed from a source website, search engines like Google and Bing may continue showing cached image thumbnails or text snippets. Individuals can take direct action through official search engine tools:
- • Google Outdated Content Removal Tool: If the source URL has deleted the mugshot (resulting in a 404 or 410 HTTP status code), submit the exact URL to Google's Search Console Outdated Content tool to expedite clearing the cached search result within 24 to 48 hours.
- • Google Personal Privacy Removal Request: Google enforces strict policies against commercial sites that charge for record removals. Individuals can submit a direct legal removal request to Google under their policy covering non-consensual booking images and court-sealed criminal records.
Comparison: Qualifying Non-Convictions vs. Convictions
The table below outlines which legal dispositions qualify for statutory expungement under Virginia Code § 19.2-392.2 versus outcomes that cannot be expunged through standard court petitions.
| Court Disposition / Case Outcome | Expungement Eligibility (§ 19.2-392.2) | Required Court Procedure | Legal Effect Upon Sealing |
|---|---|---|---|
| Acquittal (Found Not Guilty) | Fully Eligible | File Form CC-1473 in Circuit Court | Arrest record completely sealed from public databases |
| Nolle Prosequi (Prosecution Dropped) | Fully Eligible | Petition Circuit Court after re-indictment window closes | CCRE and law enforcement intake records purged |
| Dismissal Without Finding of Guilt | Fully Eligible | File Petition with certified dismissal order | Court dockets and booking fingerprints segregated |
| Identity Theft / Mistaken Arrest | Fully Eligible (Expedited) | File Petition; filing fees reimbursed upon entry | Name and personal identifiers unlinked from criminal file |
| Deferred Disposition (With Finding of Facts) | Not Eligible under § 19.2-392.2 | Ineligible if court found facts sufficient for guilt | Check eligibility under Clean Slate statutory sealing |
| Guilty Plea / Conviction | Ineligible for Expungement | Cannot petition Circuit Court to expunge convictions | Requires Executive Pardon from Virginia Governor |
Official Virginia State Resources
When preparing to file an expungement petition or verify criminal history status, individuals should directly consult the official judicial portals and law enforcement repositories maintained by the Commonwealth of Virginia:
Virginia Judicial System (Court Forms)
Access official expungement petition forms (Form CC-1473) and order templates (Form CC-1474) approved by the Supreme Court of Virginia.
Download Form CC-1473 (vacourts.gov) →Virginia State Police (CCRE)
Review official applicant fingerprinting guidelines and criminal background check procedures maintained by the Central Criminal Records Exchange.
VSP Background Check Portal (vsp.virginia.gov) →Virginia Legislative Information System
Read the complete statutory code text for Virginia Code § 19.2-392.2 (Expungement) and § 18.2-468.1 (Mugshot Fee Prohibition).
View Virginia Code § 19.2-392.2 →