Virginia Record-Sealing Eligibility Checklist
New Law Effective for Petitions and Automatic Sealing beginning July 1, 2026
Virginia’s new Clean Slate framework offers an unprecedented opportunity to seal certain criminal records from public view, including some convictions. Sealing your record can significantly improve your chances of securing better employment, housing, and educational opportunities.
Use this checklist to screen your eligibility.
🛑 Disclaimer: This is Not Legal Advice
This checklist is for educational use only. Final eligibility is determined by the specific language of the Code of Virginia and your unique criminal history. You should consult with a legal professional to confirm your qualification and navigate the process.
Step 1 — Confirm the Basic Eligibility Criteria
You must be able to answer YES to all the following questions:
| Criterion | Requirement | Check |
|---|---|---|
| Case Date | The offense date for the charge you wish to seal was on or after January 1, 1986. | ☐ |
| Court Mandates | All terms of your sentence (including any suspended time, probation, and full restitution to the victim) for the offense have been completed. (Note: Fines and court fees do not block sealing.) | ☐ |
| Lifetime Limit | You have not already sealed convictions from more than two separate sentencing events in your lifetime. | ☐ |
Step 2 — Determine Your Eligibility Path & Waiting Period
Your next steps depend on the final outcome of the charge:
Path A: Non-Convictions (Automatic Sealing)
| Outcome | Waiting Period & Notes | Path to Sealing |
|---|---|---|
| Acquittal (Not Guilty) / Dismissal with Prejudice (Cases concluded on or after 7/1/26) | None. Sealed immediately upon conclusion of the case (unless you object). | Automatic |
| Prior Non-Conviction (Acquittal, Nolle Prosequi, Dismissal – with offense date 1/1/86 or later) | 3 years crime-free. You cannot have any convictions or new arrests (excluding traffic) in that time. | Automatic |
| Marijuana Offenses (Former Possession of Marijuana, criminal or civil) | None. Sealed automatically regardless of the date of the offense. | Automatic |
Path B: Misdemeanor Convictions
| Crime Class | Waiting Period & Notes | Path to Sealing |
|---|---|---|
| Eligible Misdemeanor Convictions (e.g., Petit Larceny, Disorderly Conduct) | 7 years crime-free from the date of conviction or release from incarceration/supervision, whichever is later. | Automatic or Petition |
| Other Misdemeanors (Not on the Automatic List) | 7 years crime-free from the date of conviction or release from incarceration/supervision, whichever is later. | Petition |
Path C: Low-Level Felony Convictions
| Crime Class | Waiting Period & Notes | Path to Sealing |
|---|---|---|
| Eligible Felonies (Class 5, Class 6, and Felony Larceny offenses) | 10 years crime-free from the date of conviction or release from incarceration/supervision, whichever is later. | Petition |
Step 3 — Ensure You Meet the Felony Disqualifiers
If you have ANY felony on your record, you must also be able to answer NO to all the following disqualifiers to be eligible for sealing:
| Disqualifying Conviction | Requirement | Check |
|---|---|---|
| Serious Felonies | Have you ever been convicted of a Class 1 or 2 felony? | ☐ NO |
| Higher-Level Felonies | Have you been convicted of a Class 3 or 4 felony in the last 20 years? | ☐ NO |
| Recent Felonies | Have you been convicted of any other felony in the last 10 years? | ☐ NO |
Step 4 — Review the Excluded Offenses List
Certain offenses are NEVER eligible for sealing under Virginia law, regardless of how much time has passed or the conviction level.
- Violent Felonies: Any offense defined as a violent felony under Virginia Code $\S 17.1-805(C)$.
- Sex Offenses: Any offense that requires registration with the Sex Offender and Crimes Against Minors Registry.
- DUI/Intoxication Crimes: Driving While Intoxicated (DUI), Involuntary Manslaughter from DUI, and related alcohol/drug-impaired driving offenses.
- Domestic Violence: Assault and Battery against a Family or Household Member.
- Protective Orders: Violations of a protective order.
- Stalking or Abduction/Kidnapping offenses.
Next Steps: Preparing for July 1, 2026
The time to prepare is now, even though the law is still a year away.
- Obtain Your Criminal Record: Request a copy of your criminal history from the Virginia State Police to review your record for eligible charges.
- Document Rehabilitation: If your case involved alcohol or drugs, prepare documentation to demonstrate your rehabilitation for the court petition.
- Contact an Attorney: The petition-based process is complex and requires legal advocacy. Consult an attorney who is fluent in the new Virginia sealing laws to ensure your petition is filed correctly on or after the July 1, 2026 effective date.