Beginning July 1, Virginia will implement a major expansion of Virginia’s criminal record expungement and record-sealing laws. This new legislation represents a significant shift in how criminal records are treated in the Commonwealth and creates new opportunities for eligible individuals to limit public access to past charges and convictions.
For many Virginians, this change may reduce barriers to employment, housing, education, and professional licensing.
We can help individuals located in and surrounding these areas: Main Counties : Loudoun County, Prince William County, Fairfax County, Arlington County and Fauquier County.
What the New Law Does
Historically, Virginia allowed expungement only in limited situations, primarily when a charge was dismissed or resulted in an acquittal. Under the new law, record sealing is expanded substantially and, for the first time, will apply to certain convictions.
Key changes include:
- Automatic sealing of some misdemeanor offenses and non-convictions without the need to file a court petition
- Petition-based sealing for additional eligible offenses, including certain low-level felony convictions
- Elimination of court filing fees for record-sealing petitions
- Expanded protections against public access to sealed records
Rather than destroying records entirely, sealing restricts who may view them, keeping the information out of most background checks.
View our Virginia expungement checklist!
Who May Be Eligible
Eligibility depends on the type of offense, the outcome of the case, and the amount of time that has passed without new criminal charges.
In general, individuals may qualify if they have:
- Charges that were dismissed, nolle prosequi, or resulted in acquittal
- Certain misdemeanor convictions after a required crime-free waiting period
- Select low-level felony convictions, such as Class 5 or Class 6 felonies, after a longer waiting period and provided no disqualifying offenses exist
Serious violent offenses, certain sexual offenses, and higher-level felonies remain excluded from eligibility under the statute.
Automatic Sealing vs. Petition-Based Sealing
The law introduces two separate paths to relief:
Automatic Sealing
Some qualifying cases will be sealed automatically once statutory conditions are met. No court filing or attorney action is required for these cases.
Petition-Based Sealing
Other eligible cases require filing a petition with the appropriate circuit court. Although filing fees have been eliminated, petition-based cases still require careful legal analysis, proper documentation, and compliance with statutory requirements.
What Record Sealing Means in Practice
Once a record is sealed:
- Most employers, landlords, and educational institutions will not be able to access the record through standard background checks
- Individuals generally do not have to disclose sealed cases when applying for jobs or housing
- Sealed records remain accessible to law enforcement and courts for limited purposes
This distinction allows individuals to move forward without erasing accountability entirely.
Important Limitations to Understand
While the new law provides broader relief, it is not automatic for everyone. Important considerations include:
- Strict eligibility criteria and mandatory waiting periods
- Certain offenses that remain permanently ineligible
- The possibility of objections in petition-based cases
- Gradual implementation as court systems update their processes
Because mistakes or ineligibility can delay or prevent relief, legal guidance is often critical.
Frequently Asked Questions About Virginia’s New Expungement and Record-Sealing Law
What is the difference between expungement and record sealing?
Expungement removes a criminal record from public view and, in many cases, from law enforcement databases. Record sealing does not destroy the record but restricts access so it does not appear in most background checks. Law enforcement and courts may still access sealed records for limited purposes.
Will my record be automatically sealed under the new law?
Some cases—primarily non-convictions and certain misdemeanor offenses—may qualify for automatic sealing once statutory conditions are met. Other cases require filing a petition with the circuit court. Eligibility depends on the offense, case outcome, and time elapsed.
How long do I have to wait before my record can be sealed?
Waiting periods vary based on the type of offense. Misdemeanor convictions generally require a shorter crime-free period than eligible felony convictions. Any new criminal charges during the waiting period may restart the timeline or disqualify eligibility.
Are felony convictions eligible for record sealing in Virginia?
Yes, certain low-level felony convictions—such as Class 5 or Class 6 felonies—may be eligible after a longer waiting period, provided the individual has no disqualifying convictions. Serious violent and sexual offenses are excluded.
Do I still have to disclose a sealed charge or conviction?
In most situations, individuals are not required to disclose sealed records when applying for employment, housing, or education. However, disclosure may still be required in limited circumstances, such as certain government or law enforcement applications.
Is there a filing fee to request record sealing?
No. Under the new law, court filing fees for record-sealing petitions have been eliminated, reducing financial barriers for eligible individuals.
Can a prosecutor object to a record-sealing petition?
Yes. In petition-based cases, prosecutors may object. The court will then consider statutory factors, including eligibility and public interest, before deciding whether to grant the request.
Should I speak with an attorney before seeking record sealing?
Yes. While some records may be sealed automatically, many cases require legal analysis to confirm eligibility, ensure proper filing, and avoid delays or denials. An experienced criminal defense attorney can assess your situation and guide you through the process.
Conclusion
Virginia’s new expungement and record-sealing law marks a meaningful step toward expanding second-chance opportunities for eligible individuals. By allowing automatic sealing in some cases and expanding eligibility for others, the law provides long-term benefits while maintaining safeguards for public safety.
Anyone considering expungement or record sealing should seek experienced legal counsel to evaluate eligibility and ensure the process is handled correctly under the new law.