Assuming that your charge is eligible for expungement (it must have been dropped by the prosecutor or you were tried and acquitted or the charge was otherwise dismissed), then you can file a petition with the Circuit Court in the county in which you were charged. After filing, you will have take a court-stamped copy of the petition to a police station (call ahead because only certain substations do this) and have your fingerprints taken. They will forward these to the state police, who will enter them into their system and forward the fingerprint card back to the court. Once this process is completed (which can take a few months), you can request a hearing for the court to enter your order for expungement. Once the order is entered, it will be forwarded back to the state police for them to erase all records of the charge from their database. Ordinarily all of the paperwork must be prepared by the petition, so it is many times simpler to have a lawyer do it for you. I'm not sure if forms are available.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
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