If you have been charged with domestic violence, you may be eligible to have the charge expunged. In other words, the charge can be permanently deleted from your record. The police and court records will be removed from public access, and it will never show up on a background check.
Under Virginia law, a charge can be expunged if a person has been found not guilty or the charge has been dismissed. Therefore, if you have been found not guilty after a trial for domestic assault and battery, or the prosecutor has otherwise dismissed the charge, you may be eligible for expungement.
Note, a conviction under First Offender statute for domestic violence may not be expunged.
A person who is charged with domestic assault and battery may be eligible for a First Offender program under Virginia Code Section 18.2-57.3. Upon completion of anger management coursework, good behavior, and probation, the charge may be dismissed. However, even though the charge is dismissed, Virginia law does not allow the charge to be expunged. See Va. Code 18.2-57.3(E) (“No charges dismissed pursuant to this section shall be eligible for expungement…”).
To find out if you qualify, contact a Virginia expungement lawyer for more information.