What’s the difference between sealing and expungement?

In Virginia, not much. In some states, expungement means a criminal record has been totally destroyed, while sealing means a record has been placed in a secure location where only a few people can access it for very specific reasons. Current Virginia law says “expungement” while the new law says “sealing,” but the terms are defined similarly. In Virginia, expungement means a record has been placed in a secure location where only a few people can access it for very specific reasons, such as a court clerk having access so that she can collect payments on any fines or fees still owed on the case. Under the new law, sealing means the record will be transferred to a confidential and secure area inaccessible from normal use. Once a record is sealed or expunged, it can be accessed only by obtaining a court order and only for a few specific reasons set forth in the law. Most importantly, regardless of whether a record is sealed or expunged, most employers and landlords will no longer have access to it.

Is there anything I can do to expunge records right now?

Maybe! Virginia already has an expungement law, which allows people whose cases were dismissed, dropped, or who were found not guilty to ask a court to expunge those records. While not everyone qualifies for expungement under this law, until the new law takes effect, this is the only way to clear a criminal record in Virginia.

When does the new law take effect?

July 1, 2026. Automatic sealing will begin October 1, 2026. The General Assembly delayed the effective date of the new law to give courts and the Virginia State Police time to upgrade their computer systems.  

How do I know if my record qualifies for sealing under the new law?

Read our information (below) on record-sealing for different legal situations.

How long does the process take?

Under Virginia’s current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible. The process for petition-based sealing will still take several months but one source of delays under the old law is the requirement that individuals get fingerprinted. Under the new law, the fingerprint requirement has been removed, so that should speed the process up a bit.

Want to connect with other people organizing for expungement?

The Virginia Expungement Council welcomes individuals who are impacted by criminal records. Email vaexpungementcouncil@gmail.com for more information and upcoming meetings.

View this information as a pdf.

What is sealing?

The commonwealth keeps two copies of every criminal record. One is kept by the Virginia State Police and the other is kept by the court where the person was charged. The new law defines sealing as prohibiting the dissemination sharing of these two records – which means that the court won’t tell anyone you were charged except in certain circumstances where there is a court order (see below). 

Can sealed records still be accessed in some situations?

Yes. The General Assembly created a list of situations in which certain individuals or government agencies can access sealed records but only if they obtain a court order to do so. Police and prosecutors cannot view sealed records unless they get a court order.

Here are a few situations when a court order can be obtained to access a sealed criminal record:

• Child custody proceedings
• Protective order proceedings
• To impeach the credibility of a witness testifying in a court proceeding
• To determine a person’s eligibility to possess a firearm
• To determine a person’s eligibility to serve as a juror
• The Department of Social Services and local departments of social services may request such records to carry out their duties.
• You can also request a copy of your own sealed record.

What do you mean by “most” potential employers?

Some employers require the disclosure of all records—even sealed records. If you are applying to work (or even volunteer) for the Virginia State Police or a local police department or sheriff’s office and you do not disclose your sealed record, you can be convicted of perjury, a felony. Other
employers may also require the disclosure of sealed records if other state or federal laws say disclosure is necessary, or if disclosure is in the interest of national security. Because perjury requires a willful act, the potential employer has an obligation to tell you that you must disclose the sealed record.

Most potential employers will not be able to require you to disclose a sealed record. An employer who asks about sealed records when the law does not require you to disclose it will be guilty of a Class 1 misdemeanor.

What can I do if my record is sealed but it still appears on background checks?

The new law addresses this situation by requiring companies that buy and sell criminal records to delete sealed records. The new law requires these companies to register with the Virginia State Police and keep their records updated. If a company refuses to delete your sealed record, under the new law you or the Attorney General of Virginia can file a lawsuit and recover money damages from the company.

Automatic sealing:

If you were convicted of or had a charge deferred and dismissed for one of the following misdemeanors, your record may be automatically sealed when Virginia begins automatic sealing of criminal records on October 1, 2026:   

• Petit larceny
• Concealment or shoplifting 
• Trespass after having been forbidden
• Instigating trespass by others
• Trespass on posted property
• Marijuana possession
• Marijuana possession with intent to distribute (not the felony)
• Disorderly conduct

Additional requirements for misdemeanor automatic sealing:

• On the date of your conviction or deferred dismissal, you were not also convicted of—or received a deferred-dismissal for—another offense not listed above 
• Seven years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years
  *These requirements do not apply to sealing marijuana possession (not distribution) convictions. 

You may also file to seal any related ancillary matters on the same petition, which include:  

• violation or alleged violation of the terms and conditions of a suspended sentence, probation, or parole;  

• violation or alleged violation of contempt of court;  

• charge or conviction for failure to appear; or  

• appeal from a bail, bond, or recognizance order. 

Asking a court to seal your record (non-automatic):

If you were convicted of aa misdemeanor you may be able to petition a court to seal your record on or after July 1, 2026. The 2025 amendments excluded several charges and categories of charges from eligibility for sealing, meaning they cannot be sealed. For a complete list of ineligible charges and categories, see our “Ineligible Offenses” section. 

Additional eligibility requirements for a misdemeanor conviction or deferreal-dismissal: 

• You were never convicted of a Class 1 or 2 felony
• You were not convicted of a Class 3 or 4 felony in the last 20 years
• You were not convicted of any felony in the last 10 years
• Seven years have passed since the conviction/dismissal date or date of release from incarceration (including convictions and incarceration for sentence violations), whichever is later.  
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years
• If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferred-dismissals. Each person can seal convictions and deferred dismissals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to  expungements (dismissals, acquittals, nolle prosequi), charges that seal automatically or to ancillary matters that are included in the petition with the conviction or deferred dismissal. 

View this information as a pdf.

Automatic sealing:

If you were charged with a misdemeanor that resulted in nolle prosequi, dismissal, or acquittal (not guilty finding) before July 1, 2026, AND 

1. You have never been convicted (found guilty) of any criminal offense AND  

2. It has been at least three (3) years since your last arrest or charge 

your record may be automatically sealed when the Virginia begins automatic sealing of criminal records on October 1, 20265.  A non-conviction includes the following outcomes:  Charges eligible for automatic sealing must be determined and sealed on at least an annual basis. 

If you were charged with a misdemeanor offense after July 1, 2026, and were acquitted (found not guilty) or the charge was dismissed with prejudice, AND you do not object to sealing at your hearing, your record may be automatically sealed when the Virginia begins automatic sealing of criminal records on October 1, 2026.  Charges eligible for automatic sealing must be determined and sealed on at least an annual basis.  

Asking the court to seal your record:

If you have misdemeanornon-convictions on your record but do not meet the requirements above, you can petition for expungement under current law. If you cannot afford to hire an attorney, contact any LAJC office to see if you qualify for our help. 

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferred-dismissals. Each person can seal convictions and deferred dismissalss from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi) or to ancillary matters that are included in the petition with the conviction or deferred dismissal. 

View this information as a pdf.

Under the new law, some felony convictions in the following categories will become eligible for sealing on July 1, 2026: 

• Class 5 felonies 

• Class 6 felonies 

• Felony larceny offenses 

Not all Class 5 and Class 6  felonies will be eligible for sealing. For a full list of excluded offenses, please see our “Ineligible Offenses” section Some common ineligible offenses include, but are not limited to:  

• convictions where the complaining witness or injured party is a family or household member  
• convictions that require registration on the sex offender or crimes against minors registry 
• “violent felonies” as defined in Virginia Code 17.1-805(C) 
• Felonies involving the use of a firearm if your firearm rights have not been restored  
• Distribution, sale, or manufacturing controlled substances  

Additional requirements:

Additional requirements for a felony petition:

• You were never convicted of a Class 1 or 2 felony
• You were not convicted of a Class 3 or 4 felony in the last 20 years
• You were not convicted of any felony in the last 10 years
• 10 years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those 10 years
• If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation

Petitioning the court:

If you meet the requirements above, you can petition a court to seal your record on July 1, 2026. You may also file to seal any related ancillary matters in the same petition, which include:  

1. violation or alleged violation of the terms and conditions of a suspended sentence, probation, or parole;  

2. violation or alleged violation of contempt of court;  

3. charge or conviction for failure to appear; or 
   
4. appeal from a bail, bond, or recognizance order. 

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferred-dismissals. Each person can seal convictions and deferred dismissals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi) or to ancillary matters that are included in the petition with the conviction or deferred dismissal. 

View this information as a pdf.

Convictions or deferred dismissals of the following offenses are not eligible for sealing, regardless of the time that has elapsed: 

1. Sections 4.1-309.1, 5.1-13, 18.2-36, 18.2-36.1, 18.2-36.2, and 18.2-47; subsection A of § 18.2-49.1; § 18.2-51.5; subsection C of § 18.2-57; §§ 18.2-57.2, 18.2-57.3, 18.2-59.1, 18.2-60, 18.2-60.3, 18.2-60.5, 18.2-130, 18.2-130.1, 18.2-144, 18.2-144.1, 18.2-154, 18.2-178.1, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-282.1, and 18.2-324.2; former subsection B of 18.2-346; and §§ 18.2-405, 18.2-406, 18.2-472.1, 19.2-62, 29.1-738, 29.1-738.02, 29.1-738.2, 37.2-912, 40.1-100.2, 40.1-103, 46.2-341.24, and 46.2-341.26:3; 15 of 24  

2. Any violation of any offense under § 9.1-902 for which registration with the Sex Offender and Crimes Against Minors Registry is required;  

3. Any violation of any violent felony offense listed under subsection C of § 17.1-805;  

4. Any violation of any felony offense not listed as a violent felony under subsection C of § 17.1-805 where the person utilized a firearm, as defined in § 18.2-308.2:2, as part of the transaction or occurrence in the underlying offense to be sealed, unless such person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon has been restored pursuant to § 18.2-308.2;  

5. Any violation of an emergency, preliminary, or permanent protective order issued pursuant to Article 4 (§ 16.1-246 et seq.) of Chapter 11 of Title 16.1 or Chapter 9.1 (§ 19.2-152.7:1 et seq.) or any family abuse protective order issued pursuant to Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1;  

6. Any violation of any hate crime as defined in § 52-8.5;  

7. Any violation of Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title 3.2;  

8. Any violation of Title 24.2 (§ 24.2-100 et seq.);  

9. Any violation involving the possession and distribution of flunitrazepam pursuant to § 18.2-251.2 or the possession of Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4 hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) pursuant to § 18.2-250;  

10.  Any violation where a person was found not guilty by reason of insanity;  

11.  Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact, or any similar ordinance of any county, city, or town, for any offense deemed ineligible under this subsection;  

12.  Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact where the completed substantive offense would be punishable as a Class 1, 2, 3, or 4 felony or by a term of imprisonment of more than 10 years, with the exception of a violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95;  

13. Any violation of any offense where the person was prohibited by the court from possessing or owning a companion animal as a result of the transaction or occurrence in the underlying offense to be sealed, while such prohibition remains in effect;  

14.  Any violation of Article 6 (§ 3.2-6537 et seq.) of Chapter 65 of Title 3.2 that involved a dangerous or vicious dog as a part of the transaction or occurrence in the underlying offense to be sealed, while the person continues to own or possess such dog;  

15.  Any violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;  

16.  Any violation of Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-346, former subsection A of § 18.2-346, and § 18.2-347;  

17.  Any violation of Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, with the exception of §§ 18.2-365, 18.2-371.2, 18.2-371.3, and 18.2-371.4;  

18.  Any violation of Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-388; and  

19.  Any offense where the victim of the crime to be sealed was a family or household member, as defined in § 16.1-228, of the person.