Expungements in Virginia
Expungements & Record Sealing in Virginia
(New Law Effective July 1, 2026)
A criminal record can follow you for years—affecting jobs, housing, professional licensing, and peace of mind. Virginia’s laws are changing in a major way on July 1, 2026, expanding relief beyond the Commonwealth’s historically limited expungement rules and introducing a broad record-sealing framework that may cover certain convictions—not just dismissals.
Tuomey Law Firm helps clients across Northern Virginia evaluate eligibility, prepare documentation, and pursue the most effective pathway to clearing or limiting access to their record.
Request a Confidential Record Review | Check Eligibility for July 1, 2026 Sealing
Tuomey Law Firm : Serving Fairfax County, Loudoun County, and Prince William County & Arlington County
The July 1, 2026 Change: Why It Matters
For decades, Virginia’s “expungement” process generally offered relief only in narrow situations (most commonly dismissals or acquittals). Beginning July 1, 2026, Virginia’s new system is expected to:
Expand relief to include record sealing for certain convictions (not just non-convictions)
Provide automatic sealing for certain case outcomes
Allow petition-based sealing for other eligible offenses (with a structured court process)
If you think you may qualify, the most effective approach is to prepare now so you are ready to act as soon as the law takes effect.
View our Expungement Checklist
Click here to visit Virginia State Crime Commission | Sealing and Expungements Resources
Expungement vs. Record Sealing: What’s the Difference?
Expungement (Traditional Virginia Process)
Expungement is Virginia’s older remedy and has been very limited for most people—often focused on clearing records when a charge did not result in a conviction.
Record Sealing (New Framework Effective July 1, 2026)
Record sealing generally means the record is not available to the public and is typically not visible on most employer or landlord background checks, while certain government agencies may still access it for limited purposes.
Bottom line: In 2026, many people who never had a practical option under “expungement” may have a meaningful path forward through sealing.
Common Paths to Relief Under the New 2026 Framework
Every case is different. Eligibility depends on the charge type, outcome, dates, and your overall record. In broad terms, 2026 relief may fall into two categories:
1) Automatic Sealing (No Petition Required in Certain Situations)
Some matters may seal automatically—often tied to non-convictions (dismissals/acquittals) and other limited categories defined by law.
2) Petition-Based Sealing (Formal Court Filing)
Other cases—especially convictions—may require filing a petition in circuit court and meeting requirements such as:
A waiting period
A “clean record” period
Completion of sentence terms (including probation and restitution)
Other eligibility rules and disqualifiers
Important: Filing correctly matters. Errors can delay the process or lead to denial.
Who May Benefit From a Record Review Now
You should consider a review if you have:
A misdemeanor charge that was dismissed or resulted in a Not Guilty verdict
An older case that continues to appear on background checks
A misdemeanor conviction you believe may qualify under the 2026 law
A low-level felony conviction and want to understand whether the new system may apply
A prior marijuana possession matter and want to confirm how sealing applies
How Tuomey Law Firm Can Help
Tuomey Law Firm provides practical, step-by-step guidance, including:
Eligibility analysis under both current expungement rules and the July 1, 2026 sealing framework
Record retrieval and review (courts, dispositions, sentencing terms, and timelines)
Strategy and timing—when to file, and which pathway is most likely to succeed
Petition preparation and filing (when required)
Court representation if a hearing is needed
Advice on what to expect on background checks after sealing
Preparing for July 1, 2026: What You Can Do Today
Even before the effective date, you can put yourself in the best position by:
Gathering case information (courts, case numbers, dispositions, sentencing dates)
Confirming completion of sentence terms (probation, programs, restitution)
Avoiding new charges that could affect “clean record” timelines
Scheduling a confidential consultation to map out your eligibility and timeline
FAQs About Virginia Expungement and the 2026 Sealing Law
Will my record disappear completely?
Not necessarily. Under sealing, records are typically restricted from public access, but certain entities may still access sealed records for specific lawful purposes.
Do I need to go to court?
Some matters may seal automatically. Others require a formal petition filed in circuit court, and some cases may involve a hearing.
Can convictions be sealed starting July 1, 2026?
Some convictions may qualify under the new law, depending on the offense type, waiting period, and your record history.
If my case was dismissed years ago, do I still need to act?
Possibly. The 2026 framework may include automatic sealing for certain older non-convictions if you meet specific requirements. A review helps confirm the best route.
Service Area
Tuomey Law Firm assists clients in Northern Virginia, including Fairfax, Loudoun, Prince William, and Arlington, and can advise on eligibility and process requirements statewide where appropriate.
Ready to Find Out What You Can Clear or Seal?
The sooner you understand eligibility and timing, the sooner you can plan for a clean-slate opportunity in 2026.
Request a Confidential Record Review
Source Notes
Tuomey Law Firm’s overview of the July 1, 2026 record-sealing changes and how sealing expands beyond traditional expungement. Tuomey Law Firm+1
Tuomey Law Firm’s eligibility checklist concepts (automatic vs. petition-based; waiting periods; clean-record concepts; preparation guidance). Tuomey Law Firm+1
Virginia Code section showing expungement statute effective date language tied to July 1, 2026. Virginia Law
Additional background on the delayed implementation and major components of the 2026 sealing framework. Legal Aid Justice Center+2