VIRGINIA
How to Clear Your Criminal Record
in Virginia
A free, plain English guide to expungement and Virginia's landmark new record sealing law — taking effect July 1, 2026 — including who qualifies and how to prepare now.
What You Need to Know First
Virginia is making history on July 1, 2026. For the first time ever, Virginia's new Clean Slate law allows certain criminal convictions to be sealed — not just dismissed charges. If you have a qualifying misdemeanor or low-level felony conviction, you may be eligible to have it sealed from public view starting July 1, 2026. Start preparing now.
Virginia has two separate systems — expungement (for non-convictions) and sealing (for convictions). They are different processes with different rules. Most people searching for "Virginia expungement" actually need to know about record sealing under the new 2026 law.
Virginia's record relief system has three pathways. Which one applies to you depends on whether you were convicted and what offense you were charged with.
Expungement
NON-CONVICTIONS ONLY
Available now — for charges that were dismissed, acquitted, or nolle prossed. Completely removes the record from public view. Requires a petition to the circuit court. Does not apply to convictions.
Automatic Sealing
EFFECTIVE JULY 1, 2026
No action needed for qualifying convictions after 7 years — including petit larceny, shoplifting, trespassing, disorderly conduct, and marijuana distribution. Non-convictions sealed automatically going forward. Marijuana possession offenses sealed without a court order.
Petition Sealing
EFFECTIVE JULY 1, 2026
For most other qualifying misdemeanors after 7 years and Class 5/6 felonies after 10 years. File a petition in circuit court. Judge reviews and must find that continued dissemination causes manifest injustice. Lifetime limit of two sentencing events.
Expungement — Available Right Now
If your charge was dismissed, acquitted, or nolle prossed — you can petition for expungement today. You do not need to wait for July 2026. Expungement completely removes the record from public view and is available regardless of the new sealing law.
To get an expungement in Virginia right now, file a petition in the circuit court where your charge was filed. You must show that you were acquitted, the charge was dismissed, or nolle prossed. The court must find that continued dissemination of the record causes "manifest injustice" to you. There is no filing fee for indigent petitioners.
Important: Deferred dismissals — where a court finds sufficient evidence of guilt but defers the charge — do not qualify for expungement. They will qualify for sealing under the new July 2026 law, but not for full expungement.
What Can Be Automatically Sealed — July 2026
Starting July 1, 2026, the following will be automatically sealed with no action required from you — after a 7-year clean record period with no new convictions:
AUTOMATICALLY SEALED — CONVICTION
- Petit larceny — after 7 years
- Shoplifting / concealing merchandise — after 7 years
- Trespassing (3 types) — after 7 years
- Disorderly conduct — after 7 years
- Misdemeanor marijuana distribution — after 7 years
- Marijuana possession (any) — sealed without court order
- Traffic infractions — automatically sealed
AUTOMATICALLY SEALED — NON-CONVICTION
- Misdemeanor acquittals — automatic at case conclusion
- Misdemeanor dismissals with prejudice — automatic at case conclusion
- Felony acquittals — automatic if defendant requests and Commonwealth's Attorney agrees
- Prior misdemeanor non-convictions — after 3-year clean record
What Can Be Sealed by Petition — July 2026
ELIGIBLE FOR PETITION SEALING
- Most other qualifying misdemeanor convictions — after 7 years
- Class 5 felony convictions — after 10 years
- Class 6 felony convictions — after 10 years
- Grand larceny and other larceny felonies — after 10 years
- Deferred dismissals — by petition after waiting period
- Ancillary matters — probation violations, failure to appear
NOT ELIGIBLE FOR SEALING
- Class 1, 2, 3, and 4 felony convictions
- Violent felony convictions
- Sex offenses and offenses requiring registry
- Felonies involving use of a firearm
- Domestic violence and family/household member offenses
- DUI / driving under the influence
- Hate crimes
- Drug distribution and manufacturing
- Offenses with offense date before January 1, 1986
Lifetime limit: Virginia law limits petition-based sealing to two sentencing events per lifetime. Multiple convictions on the same day count as one sentencing event. Plan carefully — filing the wrong petition or miscounting sentencing events can permanently close the door on future relief.
Waiting Periods
Waiting periods run from the later of conviction date or release from incarceration. During the entire waiting period you must have no new convictions — not even in other states.
Dismissed / acquitted — expungement
Immediately
Marijuana possession — automatic sealing
No wait
Prior misdemeanor non-convictions — automatic sealing
3 years
Qualifying misdemeanor conviction — automatic or petition
7 years
Class 5/6 felony conviction — petition only
10 years
How to Prepare Now — Before July 1, 2026
The new law takes effect July 1, 2026. Courts are expected to see a surge in filings on day one. If you prepare now, you can file the moment the law takes effect — or even earlier if your case qualifies for expungement today.
1
Request Your Virginia Criminal History
Request a copy of your criminal history from the Virginia State Police at
vsp.virginia.gov. Review every conviction, offense date, and disposition to understand exactly what you have and what relief might apply.
2
Check If You Qualify for Expungement Now
If any of your charges were dismissed, acquitted, or nolle prossed — you can petition for expungement today without waiting for July 2026. Use Virginia's free legal aid resources at
justice4all.org to assess eligibility.
3
Identify Your Eligible Convictions
Using your criminal history, identify which convictions may qualify for automatic sealing or petition sealing under the new law. Remember the two-sentencing-event lifetime limit for petitions. A Virginia attorney can help you identify the optimal strategy.
4
For Petition Sealing — Prepare Your Documents
Gather certified copies of court records, proof of completed sentence, evidence of rehabilitation, and employment or community involvement documentation. If your offense involved alcohol or drug use, courts require proof of rehabilitation. Having these ready means you can file immediately on July 1, 2026.
5
File on July 1, 2026 or After
Petition forms will be available from the Virginia Judicial System website at
vacourts.gov. File your petition in the circuit court where the charge originated. No filing fee for indigent petitioners. The court reviews, and if the prosecutor does not object, may grant the petition without a hearing.
Official Forms and Resources
Helpful Resources
FREE LEGAL HELP
Legal Aid Justice Center
Free legal help for low-income Virginians — including expungement assistance and Clean Slate sealing preparation
justice4all.org →
FREE LEGAL HELP
Virginia Legal Aid
Find free legal aid in your area — including expungement and record sealing assistance statewide
valegalaid.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
CLEAN SLATE INFO
Clean Slate Virginia
Information and resources on Virginia's new Clean Slate sealing law — updated for 2025 legislative changes
cleanslatevirginia.com →
COURT LOCATIONS
Virginia Courts
Find your county circuit court to file your expungement or sealing petition
vacourts.gov →
Frequently Asked Questions
Can I expunge a conviction in Virginia right now? +
Not yet — today, Virginia only allows expungement of non-convictions like dismissed charges, acquittals, and nolle prossed cases. Until July 1, 2026, convictions cannot be sealed or expunged in Virginia except in extremely limited circumstances like an absolute pardon for innocence or vacated conviction. Starting July 1, 2026, qualifying misdemeanor and low-level felony convictions can be sealed under the new Clean Slate law.
What is the difference between expungement and sealing in Virginia? +
Expungement completely removes the record from public view — it is available only for non-convictions (dismissed charges, acquittals). Sealing limits who can see the record — it hides it from most employers, landlords, and the general public while allowing law enforcement and certain agencies to retain access. The new July 2026 law creates a sealing system for qualifying convictions for the first time in Virginia history.
What is the two-sentencing-event lifetime limit? +
Virginia's petition-based sealing law limits each person to sealing convictions from only two sentencing events in their lifetime. A sentencing event is a court appearance where convictions were entered — multiple convictions on the same day count as one event. This limit does not apply to automatic sealing, expungement of non-convictions, or marijuana possession offenses. Planning carefully with an attorney before filing is strongly recommended.
Can a felony be sealed in Virginia? +
Starting July 1, 2026 — yes, for the first time. Class 5 and Class 6 felonies, and most larceny felonies, can be sealed by petition after a 10-year waiting period with a clean record. Class 1 through 4 felonies, violent felonies, sex offenses, drug distribution, and firearm felonies cannot be sealed. Felony sealing is always by petition — never automatic — and the court applies higher scrutiny than for misdemeanors.
Will sealing restore my gun rights in Virginia? +
No — Virginia's new sealing law explicitly states that sealing a conviction does not restore civil rights or firearm rights. If you want to restore your gun rights after a Virginia felony conviction, that requires a separate petition to the circuit court under a different process. Consult a licensed Virginia attorney about your options for rights restoration.
Do I need an attorney? +
For expungement of dismissed charges — you may be able to file on your own with the circuit court forms. For petition-based sealing under the new July 2026 law — especially for felony sealing or cases involving the two-sentencing-event limit — working with a Virginia attorney is strongly recommended. The Legal Aid Justice Center offers free help for those who qualify. Given the complexity of the new law and the lifetime limit on petition sealing, a mistake could be very costly.
After Your Record Is Sealed
After sealing in Virginia, your record will not appear on most employer or landlord background checks. You can legally deny the conviction on most job and housing applications. Law enforcement and certain state agencies retain access to sealed records.
✓
Employment
Virginia's new sealing law explicitly prohibits employers from requiring disclosure of sealed records. Sealed convictions will not appear on most background checks. Law enforcement employers and certain regulated professions retain access. Virginia's ban-the-box law also restricts when state employers can ask about criminal history.
✓
Gun Rights
Sealing does not restore gun rights in Virginia. This is explicitly stated in the new law. If you lost gun rights due to a conviction, you must pursue a separate rights restoration petition — sealing alone is not sufficient. Consult a licensed Virginia attorney for guidance on rights restoration.
✓
Professional Licensing
Many Virginia licensing boards will be restricted from using sealed convictions against applicants. However certain boards — healthcare, law, education — may still require disclosure or retain access. Contact the specific licensing board before applying to understand their requirements under the new law.
✓
Jury Duty
Virginia's new law specifically requires disclosure of sealed felony convictions for purposes of jury empanelment. If you are called for jury duty, you must disclose a sealed felony conviction. Failure to do so knowingly or willfully can result in a perjury charge.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.
