Starting today, residents in Fairfax County will no longer need to appear in court to expunge their criminal records, streamlining an often complicated and time-consuming process.

Fairfax County Commonwealth’s Attorney Steve Descano announced Wednesday that residents may now petition for record expungement by filing paperwork, which will be reviewed weekly. Previously, the county required individuals to appear in court for a hearing that could be as short as one minute, “which is a considerable burden if you’re unable to take off work, get childcare, or have other barriers to attending,” Descano said in a statement.

Under current Virginia law, individuals can petition to expunge a record — meaning it would not be visible to public entities including employers, banks, landlords, etc. — if the charges have been dismissed or dropped, or if the individual was found not guilty in court. In Virginia, expunged records are not destroyed; they can still be used against an individual during court proceedings, by law enforcements or court officials.

The commonwealth has some of the most restrictive expungement criteria in the country, according to the Legal Aid Justice Center, a Virginia-based legal advocacy group.  While the General Assembly passed a law in 2021 that would automatically seal non-convictions, several misdemeanor convictions, and some felony convictions, that legislation doesn’t go into effect until 2025. The delay was intended to allow the Virginia court system and law enforcement agencies time to upgrade their electronic systems. The Legal Aid Justice Center has petitioned to get that date moved up to July 2023, among other tweaks to the sealing reform bill.

The expungement or sealing process can be cumbersome and long-winded, even with the help of a lawyer. It can take up to nine months or more from the point of filing a petition to expunging a record, per the Legal Aid Justice Center. In the meantime, individuals may be denied from jobs, loans, and housing due to a charge that never resulted in a conviction.

“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. “For people who want to start fresh, old criminal charges can prevent them from stabilizing their lives.”

The new policy is the latest push to change the county’s criminal justice proceedings led by Descano, one of Northern Virginia’s self-described “progressive prosecutors.” Earlier this year, Descano, facing a challenger for a primary reelection, released new data which he claimed proved his office was making good on its promises to reduce time spent in jail on misdemeanor charges.