A Practical Eligibility Checklist
Beginning July 1, 2026, Virginia’s criminal record laws will change in significant ways. For the first time, many people with prior convictions—not just dismissed cases—may qualify to have their criminal records sealed from public view. These changes are designed to reduce barriers to employment, housing, and education while still allowing courts and law enforcement to access records when legally necessary.
If you are wondering whether you may qualify, the checklist below walks through the most common eligibility rules using plain-language examples.
Understanding the Difference: Expungement vs. Record Sealing
Historically, expungement in Virginia was limited almost entirely to cases that did not result in a conviction, such as dismissals or acquittals. Under the new law, Virginia expands relief primarily through record sealing.
When a record is sealed:
- It is removed from public access
- Employers and landlords generally cannot see it
- The record still exists for limited official purposes
Although many people continue to use the word “expungement,” the new law mainly operates through record sealing.
Eligibility Checklist
1. Non-Convictions (Dismissed or Not Guilty Cases)
You may qualify automatically.
If your case ended in:
- A dismissal
- A nolle prosequi (charge dropped)
- A not guilty verdict
Those records will typically be sealed automatically if the final disposition occurs on or after July 1, 2026.
Example:
You were charged with a misdemeanor, and the case was dismissed after July 1, 2026. Once the case is closed, the record is sealed without you filing paperwork.
2. Misdemeanor Convictions
Virginia’s new law creates two pathways for misdemeanor convictions.
Automatic Sealing (After a Waiting Period)
Certain misdemeanor convictions are eligible for automatic sealing seven years after conviction, provided you do not incur any new criminal convictions during that time.
Common examples include:
- Petit larceny (shoplifting)
- Disorderly conduct
- Certain trespassing offenses
- Some marijuana-related offenses
Example:
A person convicted of disorderly conduct in 2020 who has remained conviction-free may qualify for automatic sealing once the waiting period is satisfied.
Petition-Based Sealing
If your misdemeanor conviction is not on the automatic list, you may still qualify by filing a petition with the court after the seven-year waiting period, assuming you meet the clean-record requirement.
3. Felony Convictions
For the first time, Virginia law allows sealing of certain felony convictions.
In general:
- Many Class 5 and Class 6 felonies may be eligible
- A 10-year waiting period typically applies
- No new criminal convictions may occur during that period
Common Disqualifications
Some offenses remain ineligible, including:
- The most serious felony classes
- Violent offenses
- Certain repeat or enhanced charges
Eligibility depends heavily on the specific offense and your full criminal history.
Example:
A person convicted of a qualifying Class 6 felony in 2016, with no new convictions since, may be eligible to petition for record sealing.
4. Related and Ancillary Records
When a qualifying conviction is sealed, related court records—such as probation matters or associated filings—are generally sealed as well. This prevents sealed cases from appearing indirectly under separate case numbers.
Key Factors That Can Affect Eligibility
Before assuming you qualify, consider the following:
- No new convictions: Most sealing pathways require a conviction-free waiting period.
- Outstanding court obligations: Unpaid fines, costs, or restitution may delay eligibility.
- Older records: Some very old cases may not qualify under the statute.
- Multiple convictions: The number and type of convictions can affect eligibility.
What Record Sealing Means for Your Future
Once a record is sealed:
- Most employers and landlords cannot access it
- Background checks for housing and employment are typically clear
- You may lawfully answer “no” when asked about sealed charges or convictions, with limited exceptions
Record sealing does not automatically restore firearm rights or other civil rights, which may require separate legal action.
How an Attorney Can Help
While parts of Virginia’s new law provide automatic relief, many situations still require careful legal analysis or court petitions. Determining eligibility—especially for convictions—can be complex.
An experienced attorney can:
- Review your complete criminal history
- Identify which records may qualify
- Prepare and file petitions when required
- Help ensure errors or disqualifications do not delay relief
If you have questions about how Virginia’s new expungement and record-sealing law applies to your situation, the attorneys at Tuomey Law Firm can help you understand your options and next steps as the law takes effect on July 1, 2026.