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Fairfax County residents eligible to have their criminal record sealed, no longer need to appear in court

The program started March 1.

FAIRFAX COUNTY, Va. — Fairfax County residents who are eligible for expungements no longer have to attend a court hearing in person, Commonwealth Attorney Steve Descano told WUSA9.

"A person's criminal record can follow them around for a lifetime, even if they haven't been convicted of the charges, potentially limiting their ability to get a job, benefits, or housing," Descano said in a statement.

It's part of a new streamlined process that was developed in conjunction with the court and clerk's office.

Residents who are eligible to have their criminal record sealed can now file paperwork, which will be reviewed weekly.

Currently, individuals can petition to expunge charges that were dropped or dismissed, or as part of successfully completing a deferred disposition program.

"Previously, individuals would have to come to court for a one-minute hearing, which is a considerable burden if you're unable to take off work, get childcare, or have other barriers to attending. Now, individuals can petition for an expungement by filing paperwork, which will be reviewed weekly. They'll only have to come in for a hearing if the Judge or Commonwealth's Attorney rejects the petition," said Descano.

"The only people under current Virginia law who are eligible for expungements are people who have been found not guilty, people who have had their charges and people who have completed a diversion program," said Descano.

He told WUSA9, "This is a small part of the population and all of these people deserve a clean record and a second chance, a real second chance."

In 2025, a new law will take effect everywhere in Virginia. Some criminal records, like those where charges were dropped or dismissed, along with certain misdemeanor convictions, will be sealed automatically.

The Fairfax County expungement program started at the beginning of this month.

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