On July 1, 2026, Virginia implemented one of the most significant criminal justice reforms in state history. The new criminal record sealing law allows many people with arrests, dismissed charges, and certain criminal convictions to have their records sealed, helping them move forward with employment, housing, education, and professional licensing opportunities. The law creates both automatic sealing and petition-based sealing, depending on the type of offense.
If you’re wondering whether you qualify, how the process works, or whether you need an attorney, this guide explains everything you need to know.
What Is Criminal Record Sealing?
Record sealing does not erase or destroy a criminal record. Instead, it removes the record from public access.
Once a record has been sealed:
- Most employers cannot see it during background checks.
- Most landlords cannot access it.
- Most private background check companies cannot report it.
- The public cannot view the record through Virginia courts.
However, sealed records may still be available to certain government agencies, law enforcement, prosecutors, and courts under limited circumstances authorized by Virginia law.
Why Virginia Changed the Law
For decades, Virginia was one of the few states that offered almost no way for individuals with convictions to clear their criminal history.
Research consistently showed that even minor criminal records created long-term barriers to:
- Employment
- Housing
- Professional licenses
- College admissions
- Military service
The General Assembly responded by creating a comprehensive “Clean Slate” system that balances public safety with second chances. The law became effective July 1, 2026.
Two Types of Record Sealing
Virginia now offers two primary methods.
1. Automatic Record Sealing
Certain records are sealed automatically without filing a petition.
Examples include:
- Many dismissed criminal charges
- Acquittals
- Certain misdemeanor convictions
- Marijuana possession offenses
- Traffic infractions
- Some older qualifying offenses
Automatic sealing is handled by the Commonwealth and generally requires no action from the individual, although processing may take time.
2. Petition-Based Record Sealing
Many convictions require filing a petition with the court.
This process generally includes:
- Filing legal paperwork
- Paying filing fees (unless waived)
- Prosecutor review
- Possible court hearing
- Judge’s approval
Having an attorney can greatly improve the chances of a successful petition, especially for more complex cases.
Which Convictions Are Automatically Sealed?
Virginia law now provides automatic sealing for several misdemeanor convictions after statutory waiting periods and if the individual remains conviction-free during that time.
Examples include:
- Petit Larceny
- Shoplifting
- Trespassing
- Trespass After Being Forbidden
- Distribution of Marijuana (misdemeanor)
- Disorderly Conduct
Generally, these convictions become eligible after seven years without another qualifying criminal conviction.
Which Charges Can Be Sealed Through a Petition?
Many offenses require petitioning the court.
Potentially eligible include:
Misdemeanors
Many misdemeanor convictions may qualify.
Examples may include:
- Simple assault
- Property crimes
- Drug offenses
- Certain fraud offenses
- Other non-violent misdemeanors
Class 5 and Class 6 Felonies
Many lower-level felony convictions may now qualify if statutory requirements are met.
Eligibility depends on:
- The specific offense
- Waiting periods
- Criminal history
- Rehabilitation
- Whether the offense is excluded by statute
Not every Class 5 or 6 felony qualifies.
What Cannot Be Sealed?
Virginia excludes numerous serious offenses from sealing.
Examples include:
- Class 1–4 felonies
- Most violent felonies
- Sex offenses
- Sex trafficking
- Felonies involving firearms
- Protective order violations
- Hate crimes
- Crimes involving family or household members
- Animal cruelty offenses
- Certain election law violations
- Certain offenses involving date-rape drugs
These exclusions are specifically identified in Virginia’s sealing statutes.
Can Dismissed Charges Be Sealed?
Yes.
Many dismissed criminal charges qualify automatically.
Examples include:
- Not guilty findings
- Dismissals with prejudice
- Nolle prosequi in many situations
- Certain felony dismissals
Some dismissals may require additional procedures depending on when the case occurred and how it was resolved.
What About Marijuana Charges?
Virginia law provides some of the broadest relief for marijuana offenses.
Many marijuana possession records are automatically sealed.
This includes both:
- Criminal marijuana possession
- Certain civil marijuana violations
Automatic sealing generally requires no petition.
How Long Must You Wait?
Waiting periods vary depending on:
- Type of offense
- Whether it was dismissed
- Whether it was a conviction
- Whether it qualifies automatically
- Whether another conviction occurred afterward
For many automatically sealed misdemeanor convictions, the law requires seven years without another reportable criminal conviction before sealing occurs. Petition-based cases may have different statutory waiting periods.
Can Employers See a Sealed Record?
In most situations:
No.
Once sealed:
- Employers generally cannot see the record.
- Consumer reporting agencies generally cannot report it.
- Most private background checks will not include it.
Certain employers, particularly in law enforcement, government, national security, and other positions authorized by law, may still have access.
Can Landlords See a Sealed Record?
Generally, no.
Private landlords typically rely on commercial background screening companies, which are prohibited from reporting sealed Virginia criminal records.
This can significantly improve housing opportunities.
Will the Record Completely Disappear?
No.
Record sealing is different from expungement.
The record still exists but becomes inaccessible to the general public.
Certain government agencies may still access sealed records when authorized by law.
Do You Need an Attorney?
Not always.
However, hiring an experienced Virginia criminal defense attorney may be beneficial if:
- You have multiple convictions.
- You have felony convictions.
- Your eligibility is unclear.
- The prosecutor objects.
- A hearing is required.
- You want to maximize your chances of success.
An attorney can evaluate eligibility, prepare the petition, gather supporting evidence, and represent you in court.
Frequently Asked Questions
Can I seal a DUI?
Generally, DUI convictions are not among the offenses eligible for automatic sealing, and eligibility under the petition process depends on the statute and specific circumstances. Legal advice is recommended.
Can I seal multiple convictions?
Virginia law places limits on petition-based sealing of convictions, including how many conviction “sentencing events” may be eligible. The specific facts of your record matter.
Will my record disappear immediately?
No. Automatic sealing is expected to occur over time as agencies process eligible records. Petition-based sealing occurs only after court approval.
Does sealing restore firearm rights?
No. Record sealing and restoration of civil rights or firearm rights are separate legal processes.
Need Help With Virginia Record Sealing?
Virginia’s new law creates life-changing opportunities for many people, but determining eligibility can be complicated. A knowledgeable criminal defense attorney can review your record, explain your options, and guide you through the sealing process.
If you believe your record may qualify, speaking with an attorney can help you understand whether your case is eligible for automatic sealing or whether filing a petition is the best path toward a fresh start.