Jump to: Expungement · Record Sealing · Clinics
On July 1, 2026, a new law took effect in Virginia that will offer meaningful access to criminal record sealing for convictions for the first time!
Historically, Virginia has only allowed the expungement of some criminal records that were not convictions. Now, the law has changed, and record sealing will be available in addition to expungement.
1.6 million people in Virginia have a criminal record and feel the consequences every day.
Having a criminal record, whether convicted or not, can impact your ability to get a job, find housing, get or keep professional licensures, access your family, travel, vote, or serve on a jury. These limitations prevent people who have been involved in the criminal legal system from acting as full members of society.
Expungement and record sealing can help by erasing some criminal charges and convictions from your record or hiding some convictions from public view. Once eligible records are expunged or sealed private employers, landlords, and background investigation companies will not be able to see or consider your record.
Expungement is a legal process that erases some criminal charges from your record. It is only available for non-convicted charges.
Record sealing is a legal process that hides some criminal records and convictions from public view. Record sealing is available for some convictions and non-convictions.
IMPORTANT NOTES:
Not every charge or conviction is eligible for expungement or sealing
In some situations, government officials will still be able to see your record
Are my records eligible?
Generally, if your record resulted in a non-conviction, it is eligible to be expunged except in certain cases that resulted in a deferred dismissal. If your record resulted in a conviction, it may be eligible for record sealing.
Some records will be sealed automatically starting on October 1, 2026. If your record is automatically sealable, you do not need to take any action. Click below to learn more about automatic sealing.
The law around which records are expungable or sealable is very complicated, and you may need to consult with an attorney to decide whether to pursue expungement or sealing.
Misdemeanor convictions since January 1, 1986, for petit larceny, shoplifting, trespassing, instigating trespassing, trespass on posted property, distribution of marijuana, and disorderly conduct (will be sealed 7 years after the date of conviction)
Any criminal or civil offense resulting in a charge or conviction for possession of marijuana under former Va. Code. Section 18.2-250.1, regardless of the offense date (will be sealed without a waiting period)
All misdemeanors or felonies resulting in an acquittal or dismissal with prejudice on or after July 1, 2026 (misdemeanors will be sealed without a waiting period at the conclusion of the case unless the defendant objects to the sealing; felonies will be sealed without a waiting period as long as the defendant makes a verbal request at the conclusion of the case and the Commonwealth’s Attorney concurs)
All misdemeanors on or after January 1, 1986, that resulted in an acquittal, nolle prosequi, or dismissal except for deferred dismissals (will be sealed 3 years after the date of final disposition)
All traffic infractions incurred or on or after January 1, 1986, except for those that resulted in a criminal charge (will be sealed 11 years after the date of final disposition)
Other convictions may be sealed after filing a petition. For a more detailed explanation of petition-based sealing please see the sealing section below.
I am a non-citizen. Should I expunge or seal my record?
If you are a non-citizen and you plan to apply for citizenship or are in the process of applying for citizenship, it is not recommended that you seal or expunge your record. Sealing or expunging your record can cause confusion about your criminal record when you apply for citizenship and could have a negative impact on any future immigration cases. If you are a non-citizen who is considering sealing or expunging your record, it is highly recommended that you consult with an immigration attorney before taking any action.
EXPUNGEMENT
Expungement is a legal process that erases some criminal charges from your record. Once a charge is expunged, it is no longer part of your record and will not be visible to anyone reviewing your record.
In very limited circumstances, an expunged record may be made available to the police if you apply for employment with them, or to law enforcement or the Commonwealth’s Attorney if the record is critically important to a criminal investigation. Both of these scenarios are rare.
In order for a charge to be expunged, it must not have been convicted. This means that you cannot have been found guilty of the charge. Most charges that resulted in an acquittal (found not guilty), nolle prosequi, or a dismissal are eligible for expungement.
IMPORTANT NOTES:
If you were convicted of a charge, it is not eligible for expungement
If a judge made an official finding that you could have been convicted based on the facts of your case, but the case was dismissed as part of an agreement with the prosecutor, the charge is likely not eligible for expungement
To expunge your records you will need to file a petition with the Circuit Court in the county or city in which the charges you would like to expunge were prosecuted. There are several steps involved in preparing the petition:
Get a copy of your criminal record – you can request a copy of your criminal record from the Virginia State Police (VSP) by mailing form SP-167 with a payment of $15. After VSP receives your form, they will send you a complete copy of your criminal record. Complete instructions can be found here: https://vsp.virginia.gov/services/criminal-background/
IMPORTANT NOTES:
It takes at least 15 days for VSP to process your criminal record request.
Form SP-167 must be signed and notarized. Notarization may incur a fee.
Determine which charges are eligible for expungement – review your complete criminal record and look for charges that resulted in acquittal, nolle prosequi, or dismissal. These charges may be eligible for expungement.
Collect documents associated with the records you would like to expunge – Visit the clerk of the court in which each charge was prosecuted and request a certified copy of the charging and disposition documents associated with the charge. The charging document will be a warrant, indictment, summons, or information that shows when and where you were charged with a certain crime. The Disposition document will show the outcome of the case—whether the charge was dismissed, acquitted, nolle prosequi’d, or convicted.
IMPORTANT NOTES:
The clerk may ask you to use a public computer to search for your records. The clerk can show you how to use the computer to conduct your search.
You may have to pay to have your records printed. Usually, the cost is 50 cents per page.
Fill out the petition for expungement – once you have determined which charges are eligible for expungement and have collected the documents associated with them, you are ready to fill out your petition for expungement. You can find a blank copy of the petition here:
https://www.vacourts.gov/static/forms/circuit/cc1473.pdf
You can also use the Access 2 Justice Guided Interview to fill out your expungement petition. https://a2j.org/guide/consent/c125a0b8-dad7-45ef-8a14-c305ee2c38e1 . The guided interview will walk you through each step of preparing your petition and pre-fill a petition that you can print out for filing.
IMPORTANT NOTES:
Once you have prepared your petition, either on your own or using the Access 2 Justice Guided Interview, you should review it carefully to make sure the information is complete and accurate! Information that is incorrect or not properly filled out can prevent your petition from being granted.
Once you have completed the petition, you should make three copies. Take one copy to the Clerk of the Circuit Court in the county or city in which the charge you would like to be expunged was prosecuted. Take another copy of the petition to the Commonwealth Attorney in the same county or city. Hold on to the third copy for later. The Commonwealth Attorney will have the opportunity to oppose your petition for expungement. If the Commonwealth Attorney opposes your petition, the judge will hold a hearing to consider whether to grant the petition. If the Commonwealth Attorney does not oppose the petition, it is likely that the judge will grant it.
After the judge grants your petition, you should send the third copy, along with a copy of the judge’s order, to the Virginia State Police. The police will then expunge your charges from the record and will notify you that the expungement in complete.
IMPORTANT NOTES:
The process of expungement can take several months. From the time that you file your petition, the judge may take several weeks to months to consider and grant or deny the petition. Similarly, after the order and petition have been sent to the police, it may take several months for them to expunge the record. You should expect for the total process to take 8 to 12 months to complete.
It’s important to understand the time and costs that may be associated with filing to expunge your records.
The process of expungement can take several months. From the time that you file your petition, the judge may take several weeks to months to consider and grant or deny the petition. Similarly, after the order and petition have been sent to the police, it may take several months for them to expunge the record. You should expect for the total process to take 8 to 12 months to complete.
Some parts of the expungement petition may cost money. Requesting a copy of your criminal record from Virginia State Police costs $15. Your request will also need to be notarized, which you might have to pay for (usually less than $10). You might need to pay to retrieve copies of your records from the Court Clerk. Generally, it costs 50 cents per page that you print, but this cost can vary. Depending on how many records you are petitioning to be expunged, you should be prepared to spend $20-30 on administrative costs. Using the Access 2 Justice Guided Interview is free! Before July 1, 2026, there was a cost to file your petition with the court. After July 1, 2026, there is no fee for filing!
SEALING
Record sealing is a legal process that hides some criminal convictions and charges from public view. Once a record is sealed, it should not show up in public record searches or background investigations except in limited circumstances.
Sometimes, certain people can get a court order to see your sealed record. People who can see your sealed record include courts, the state police, most state and federal employers, government offices, prosecutors and defense attorneys. These people will only see your record for limited purposes.
These are a few examples of when your sealed record might be visible:
During child custody or protective order hearings
If you apply for a firearm license
If you apply for a job or volunteer position with a healthcare provider, the Virginia State Police, a local police department or sheriff’s office
If you are called for jury duty
If you are called as a witness in a court case
Determine whether you have charges that are eligible for sealing – The process of sealing your criminal record is very similar to the process for expunging your record, but there are many exceptions to which convictions or charges can be sealed. To begin, you should determine which charges or convictions are eligible for sealing.
No charges prior to January 1, 1986, can be sealed.
You cannot seal any records if you have ever been convicted of a Class 1 or 2 felony, or any felony punishable by life in prison.
You cannot seal any records if you have been convicted of a Class 3 or 4 felony in the last 20 years.
You cannot seal any records if you have been convicted of any felony in the last 10 years.
If the record you would like to seal is for a MISDEMEANOR, seven years must have passed since the date of final disposition or release from incarceration related to the conviction, whichever occurred later, and you must not have been convicted of any other crimes during that time.
If the record you would like to seal is for a FELONY, 10 years must have passed since the date of final disposition or release from incarceration related to the conviction, whichever occurred later
If the record you would like to seal indicates that you had a dependence on alcohol or drugs, you must have proof of rehabilitation
If the record you would like to seal required that you pay restitution as part of your sentence, the restitution must be paid in full
The Virginia legislature determined that many records are ineligible for record sealing regardless of how long it has been since the conviction or any other mitigating factors. These records include:
Any offense that requires registration with the Sex Offender and Crimes Against Minors Registry
Any offense defined as a violent felony
Any felony during which the person possessed a firearm, unless the person’s right to possess a firearm has been restored
Any violation of an emergency, preliminary, or permanent protective order, or any family abuse protective order
Any conviction for a hate crime
Any conviction for cruelty to animals
Any violation of election law
Any conviction involving possession or distribution of “roofies”
Any violation where the defendant was found not guilty by reason of insanity
Any conviction for conspiracy, attempt, or solicitation to commit any offense that is ineligible for sealing
Any conviction for conspiracy, attempt, or solicitation to commit any offense that would be punishable as a Class 1, 2, 3, or 4 felony or by a term of imprisonment of more than 10 years, except for larceny or anything punishable as larceny
Any conviction that resulted in a sentence prohibiting a person from owning a companion animal, while the prohibition is still in effect
Any conviction involving a dangerous or vicious dog, while the person still owns or possesses the dog
Any conviction for rape
Any conviction for sex trafficking or prostitution, except for commercial sexual conduct, and keeping, living in, or frequenting a “bawdy place”
Any conviction for a family offense or crime against children, except for adultery,
Under Virginia Law, each person is limited to sealing two lifetime record events.
This means that you can only seal charges or convictions stemming from two sentencing events. If you were convicted of multiple charges during a single court hearing, then those charges count as a single sentencing event. The lifetime limit does not apply to expungements, charges that seal automatically, or to ancillary matters.
Ancillary matters are any charges that resulted from the initial charge you would like to seal. For example, if you were sentenced to probation as a result of a criminal charge and accumulated one or more charges for contempt because you did not fulfill the requirements of your probation, those contempt charges would be ancillary to the charge for which you were sentenced to probation. When you seal a conviction, related ancillary charges can be included in the petition to seal.
Because you are limited to sealing two lifetime record events, you should carefully consider which records you would like to seal. There are two primary considerations to make:
Which records are causing the most harm? Petitioning to seal the most serious eligible charges or the charges that cause you the most problem can reduce the collateral consequences of those records. This can make it easier to navigate your life without having to explain the most serious charges from your past.
Which lifetime record event includes the most sealable records? If no single record causes more problems than the others in your history, then you might consider sealing the record event that includes the greatest number of sealable records. This will reduce your record to the largest possible extent.
Collect documents associated with the records you would like to seal– Visit the clerk of the court in which each charge was prosecuted and request a certified copy of the charging and disposition documents associated with the charge. The charging document will be a warrant, indictment, summons, or information that shows when and where you were charged with a certain crime. The Disposition document will show the outcome of the case.
IMPORTANT NOTES:
The clerk may ask you to use a public computer to search for your records. The clerk can show you how to use the computer to conduct your search.
You may have to pay to have your records printed. Usually, the cost is 50 cents per page
Fill out the petition for sealing– once you have determined which charges are eligible for sealing and have collected the documents associated with them, you are ready to fill out your petition for sealing.
Fill out the petition for sealing– once you have determined which charges are eligible for sealing and have collected the documents associated with them, you are ready to fill out your petition for sealing.
Once you have completed the petition, you should make three copies. Take one copy to the Clerk of the Circuit Court in the county or city in which the charge you would like to be expunged was prosecuted. Take another copy of the petition to the Commonwealth’s Attorney in the same county or city.
Hold on to the third copy for later. The Commonwealth’s Attorney will have the opportunity to oppose your petition for sealing. If the Commonwealth Attorney opposes your petition, the judge will hold a hearing to consider whether to grant the petition. If the Commonwealth Attorney does not oppose the petition, it is likely that the judge will grant it.
After you have filed your petition with the court, you must request that the Central Criminal Records Exchange forward a copy of your Virginia and national criminal history record to the Circuit Court in which the petition was filed. Instructions to request record forwarding can be found through the Virginia State Police.
The process of record sealing can take several months. From the time that you file your petition, the judge may take several weeks to months to consider and grant or deny the petition. Similarly, it may take several weeks or months for the Central Criminal Records Exchange to send your criminal history record to the Court. You should expect for the total process to take 8 to 12 months to complete.
There are no court filing fees associated with record sealing! However, there may still be administrative costs associate with preparing and filing your petition including the cost of record retrieval, notarization, postage, and travel to the courthouse. You should expect the full process to cost up to $50.
Clinics: Expungement and Record Sealing
September 11, 2026 – Virginia Justice Conference, Richmond, VA
September 21, 2026 – Charlottesville, VA
