Expungment Lawyer Virginia Beach, VA
Your record shouldn’t define your future.
757-337-2500
How an Expungement Lawyer Can Help Clear Your Record in Virginia Beach, VA
An arrest or criminal charge should not define the rest of your life. Even if your case was dismissed or you were found not guilty, an arrest record can continue to appear during employment, housing, licensing, and security clearance background checks. At Invictus Law, we help eligible individuals pursue expungements so they can move forward with greater confidence and fewer barriers.
Our attorneys guide clients throughout Virginia Beach and Hampton Roads through the expungement process, explaining eligibility requirements, preparing petitions, and advocating in court when necessary. If you are unsure whether your record qualifies, we can evaluate your case and explain your available options.
Understanding Expungements in Virginia
An expungement is a court order requiring police departments, courts, and other government agencies to remove or seal certain criminal records from public access. Once an expungement is granted, most employers, landlords, and members of the public will no longer be able to view the expunged record through a standard background check.
Virginia’s expungement laws changed significantly in recent years, expanding eligibility for many individuals. Whether you qualify depends on several factors, including:
- The type of offense
- Whether you were convicted
- The disposition of your case
- The date of the offense
- Whether waiting periods apply
- Your prior criminal history
Virginia’s New Clean Slate Record Sealing Law
For many years, Virginia law only allowed expungement for criminal charges that did not result in a conviction, such as dismissed charges, not guilty verdicts, or cases where the prosecution declined to proceed. If you were convicted of most criminal offenses, there was generally no way to remove that conviction from your public record.
That changed with Virginia’s Clean Slate law, which took effect on July 1, 2026. The new law significantly expands opportunities for individuals to limit public access to certain criminal records by allowing many eligible convictions to be sealed. While expungement and record sealing are related, they are not the same. Expungement generally removes eligible records from public access, while record sealing restricts who can view the record. Once a record is sealed, it generally cannot be seen by most employers, landlords, or commercial background check companies, although certain government agencies may still have access under Virginia law.
The Clean Slate law creates two methods for obtaining relief. Some eligible records will be automatically sealed after the required waiting period without the need to file a petition, although this process is being implemented over time as state agencies update their systems. Other records require an individual to file a petition with the circuit court and demonstrate that all statutory requirements have been satisfied before a judge can order the record sealed.
Although the new law greatly expands eligibility, it does not apply to every offense. Many violent felonies, sexual offenses, firearm-related offenses, DUI convictions, and other serious crimes remain ineligible for sealing. Eligibility also depends on factors such as the type of offense, prior criminal history, waiting periods, and whether additional convictions have occurred during the waiting period. Because the law is new and the requirements can be complex, having your criminal history reviewed by an attorney is often the best way to determine what relief may be available.
Criminal Defense Cases We Handle
Our criminal defense team represents individuals facing a wide range of misdemeanor, felony, federal, military, and security-clearance related matters throughout Virginia Beach and Hampton Roads.
How Invictus Law
Can Help
Successfully obtaining an expungement requires more than simply filing paperwork. Our attorneys carefully review your criminal history, identify every record that may qualify, and ensure your petition complies with Virginia law. If questions arise regarding eligibility or the Commonwealth objects to the petition, we are prepared to advocate for you before the court.
From the initial record review through the final court order, we keep you informed, explain each step, and work to position your case for the best possible outcome.
Strategic Case Evaluation
Not every record qualifies for expungement. We thoroughly analyze your criminal history to identify every available opportunity under Virginia law.
Experience with Virginia Courts
Our attorneys regularly practice throughout Hampton Roads and understand the local courts, filing procedures, and judicial expectations.
Process-Driven Representation
We follow a proven legal process that emphasizes preparation, communication, and careful attention to detail throughout your case.
Trial-Ready Advocacy
If your petition requires a hearing or faces opposition, we are prepared to present your case before the judge.
Who May Qualify for Record Sealing or Expungement?
Virginia now offers more opportunities than ever before to clear or limit access to criminal records. Depending on your circumstances, you may qualify for either expungement or record sealing.
You may be eligible if your case involved:
- Charges that were dismissed
- A not guilty verdict
- A nolle prosequi (the Commonwealth chose not to prosecute)
- An arrest that did not result in a conviction
- Identity theft or mistaken identity
- Certain misdemeanor convictions after the required waiting period
- Certain non-violent Class 5 or Class 6 felony convictions that meet statutory eligibility requirements
Not every criminal record qualifies, and the rules differ depending on the offense, your criminal history, and whether the record is eligible for automatic or petition-based sealing. A thorough review of your criminal record can help determine which option, if any, is available under current Virginia law.
Types of Records We Help Clear
Invictus Law assists clients seeking to expunge or seal many different types of criminal records, including:
- ✓Dismissed misdemeanor charges
- ✓Dismissed felony charges
- ✓Not guilty verdicts
- ✓Nolle prosequi cases
- ✓Certain marijuana offenses
- ✓Identity theft or mistaken identity arrests
- ✓Certain misdemeanor convictions eligible under current Virginia law
- ✓Certain felony convictions that qualify under Virginia’s sealing laws
If you are unsure whether your offense qualifies, we can review your record and explain your options.
The Expungement Process
Every case is different, but most expungements involve several important steps.
1. Record Review
We obtain and review your criminal history, court records, and case disposition to determine eligibility.
2. Eligibility Analysis
Our attorneys determine whether your record qualifies under Virginia law and explain the available legal options.
3. Petition Preparation
We prepare and file the necessary petition with the appropriate Virginia court.
4. Court Hearing
Some expungement petitions require a hearing before a judge. We prepare you for the process and advocate on your behalf.
5. Court Order
If the petition is granted, the court orders eligible agencies to expunge or seal the qualifying records.
Why Choose Invictus Law Is the Right Fit To Handle Virginia Beach Expungements
Choosing the right expungement lawyer in Virginia Beach, VA, matters. Here is what sets Invictus Law apart from other firms in the Hampton Roads area.
Founded by a Marine Corps JAG Officer
Eric Leckie built Invictus Law on Marine Corps values — discipline, precision, and mission focus. His background as a JAG officer and military prosecutor shapes how the firm handles every case. That kind of training does not come from a textbook.
It comes from real courtroom pressure, and it shows.
50+ Years of Combined Trial Experience
Our team brings more than 50 years of combined legal experience across state, federal, and military courts. Virginia Beach courts are not new territory for us. We know the local judges, the local rules, and the local process. That depth gives your case a meaningful advantage.
Strategic defense planning tailored to the facts and risks involved
Attorneys Who Know Both Sides of the Courtroom
The Invictus Law team includes former local prosecutors. That matters. Our discipline attorneys have sat at the other table. They know how the Commonwealth evaluates a petition and what makes one stand out. That inside view helps us build a stronger case for your clean record.
Criminal Defense Is Our Primary Focus
Invictus Law centers on criminal defense. Expungement falls squarely in that lane. We do not handle expungement as a side project. It is a core part of how we help Virginia Beach clients protect their futures. Moreover, we strive for clear communication.
Recognized Across the Legal Community
Our tested attorneys are recognized by The National Trial Lawyers and the National Association of Distinguished Counsel. Those credentials reflect demonstrated competence — not just years on the clock. When your record is on the line, you want a team that has earned its reputation.
What Makes Invictus Law Different
A Unique Combination
Many firms handle criminal cases. What distinguishes Invictus Law is our combination of focused experience, military insight, local knowledge, and process-driven representation.
Former Prosecutors
Our attorneys include former prosecutors who understand how criminal cases are investigated, charged, and presented in court. That experience helps us identify weaknesses in the government’s case and develop effective defense strategies.
Local Experience Matters
Our team is deeply familiar with the courts, judges, prosecutors, and legal procedures throughout Virginia Beach and Hampton Roads. Local experience matters. Understanding how cases are handled in local courts helps us provide realistic expectations and effective representation.
Military and Security Clearance Experience
We also possess substantial experience representing military personnel, government employees, and security clearance holders throughout Hampton Roads. Few criminal defense firms understand the overlap between criminal charges, military consequences, federal employment concerns, and security clearance issues as thoroughly as Invictus Law.
Process-Driven Representation
Most importantly, we follow a proven process. Every criminal case begins with understanding the facts, identifying goals, evaluating options, developing a strategy, and maintaining clear communication throughout representation. We believe preparation reduces uncertainty, and informed clients make better decisions.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Can I get my record expunged if I was convicted?
Virginia law generally does not allow expungement of criminal convictions. Expungement is typically limited to non-conviction outcomes such as acquittals, dismissed charges, nolle prosequi dispositions, or identity theft cases.
If someone has a conviction, expungement is usually not available, but other forms of relief—such as pardons or, in limited cases under newer laws, record sealing after a waiting period—may be possible depending on the offense and eligibility requirements.
How long does the expungement process take in Virginia Beach?
Most expungement cases in Virginia Beach take three to six months to resolve. Delays can happen if the court has a heavy docket or if the Commonwealth’s Attorney objects to your petition.
Does expungement cost money beyond attorney fees?
Yes. Virginia courts charge a filing fee, and you may also need to pay for a background check and fingerprinting. Your expungement lawyer can give you a full cost breakdown before you file.
What if I have multiple charges? Can all of them be expunged?
Each charge is reviewed on its own, so some charges on your record may qualify while others do not. An expungement lawyer in Virginia Beach, VA, can review each charge and tell you which ones are eligible.
Will expunged records show up on a federal background check?
Virginia expungement seals your record from most state-level checks, but some federal agencies may still access sealed records in limited situations. Talk to your lawyer about how expungement may affect any federal background check you face.
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