Beginning July 1, 2026, Virginia’s new record sealing law will dramatically change how certain criminal records are treated. For the first time in Virginia history, some misdemeanor convictions and lower-level felony convictions may become eligible to be sealed from public view.
However, one of the biggest misconceptions surrounding the new law is that everyone’s record will automatically disappear.
The reality is more complicated.
Not Every Eligible Record Will Be Sealed Automatically
Virginia’s new “Clean Slate” framework includes both automatic sealing and petition-based sealing. While some offenses may qualify for automatic relief, many others require individuals to actively seek sealing through the court system.
This means that waiting and hoping your record disappears on its own may not be the right strategy.
Individuals with more complex criminal histories often need to file a petition and demonstrate that they satisfy the legal requirements established by Virginia law.
What Records May Require a Petition?
Depending on the circumstances, petition-based sealing may be necessary for:
- Certain misdemeanor convictions;
- Eligible Class 5 and Class 6 felony convictions;
- Multiple offenses that are not subject to automatic sealing;
- Related court matters connected to an eligible charge or conviction; and
- Situations where determining eligibility requires a detailed review of a person’s criminal history.
Virginia law permits petitions seeking the sealing of multiple eligible offenses in a single filing under certain circumstances.
Eligibility Requirements Matter
Many petition-based cases involve waiting periods and other eligibility requirements.
For example, some offenses may only qualify after a specified number of years have passed without additional convictions. The court may also review whether the individual meets all statutory requirements before granting relief.
Even seemingly minor details—such as the exact disposition of a prior case or whether multiple charges were resolved on the same date—can affect eligibility.
Record Sealing Is Different from Expungement
Another common source of confusion involves the difference between record sealing and expungement.
Traditionally, Virginia expungement laws primarily benefited individuals whose charges were dismissed or resulted in acquittal. The new sealing law expands relief to include certain convictions for the first time. However, a sealed record is not erased from existence.
Instead, access to the record becomes restricted under Virginia law.
Certain government agencies and entities may still have access to sealed records in limited situations authorized by statute.
Why Legal Guidance Can Be Important
Determining whether a person qualifies for automatic sealing, petition-based sealing, or neither often requires a careful review of:
- The exact criminal charges involved;
- The final disposition of each case;
- Whether waiting periods have been satisfied;
- Whether any subsequent convictions create disqualifications; and
- Whether filing a petition would maximize the opportunity for relief.
Filing too early or misunderstanding eligibility requirements can create unnecessary delays.
Preparing for July 1, 2026
Virginia’s new record sealing law represents one of the most significant criminal justice reforms in the Commonwealth’s recent history. The law is expected to help many individuals move forward by reducing barriers related to employment, housing, and educational opportunities.
At the same time, automatic relief will not apply to every case.
If you believe you may qualify under Virginia’s new record sealing laws, understanding your options before filing can be an important first step.
The criminal defense team at Tuomey Law Firm continues to monitor developments related to Virginia’s record sealing framework and can help individuals evaluate whether they may be eligible for relief under the new law.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Individuals seeking advice about their specific circumstances should consult with a qualified Virginia attorney.