How to Seal Your Criminal Record in Virginia After July 1, 2026

Clean Slate Law

How to Seal Your Criminal Record in Virginia After July 1, 2026

Virginia’s new record sealing law is one of the biggest changes to the state’s criminal justice system in decades. Beginning July 1, 2026, many people with prior arrests, dismissed charges, and certain convictions may finally have a path to clear their records and move forward with their lives.

For years, criminal records have created barriers to employment, housing, professional licensing, and education. Virginia’s new Clean Slate law aims to give qualifying individuals a second chance.

If you are wondering how to seal a criminal record in Virginia, this guide explains who may qualify, how the process works, and when you should contact a Virginia record sealing lawyer for help.

What Is Virginia’s New Record Sealing Law?

Virginia’s new record sealing law expands the ability to seal criminal records beyond the limited expungement options previously available under state law.

Under the Virginia Clean Slate law taking effect July 1, 2026:

  • Certain criminal records may be automatically sealed
  • Other offenses may require filing a Virginia sealing petition
  • Eligible individuals may gain relief from public background checks
  • Employers and landlords may no longer see certain sealed records

This law is intended to reduce the long-term impact of criminal records for people who have completed their cases and remained law-abiding.

Who Qualifies for Record Sealing in Virginia?

Eligibility depends on several factors, including:

  • The type of offense
  • Whether the case was dismissed
  • Whether the person was acquitted
  • The amount of time that has passed
  • Whether new criminal charges exist
  • Whether the offense qualifies under Virginia law

In general, people may qualify if they have:

  • Dismissed criminal charges
  • Not guilty findings
  • Certain misdemeanor convictions
  • Some low-level felony convictions
  • Deferred dismissals
  • Non-conviction records

However, some serious offenses may not qualify for sealing.

Because eligibility rules can be complex, speaking with a Virginia expungement lawyer or record sealing attorney can help determine whether your case qualifies.

Automatic Record Sealing vs. Petition-Based Sealing

Virginia’s Clean Slate law creates two different sealing processes.

Automatic Record Sealing

Some qualifying records may be automatically sealed after a waiting period. This means eligible individuals may not need to file anything with the court.

Automatic sealing may apply to certain:

  • Dismissed charges
  • Acquittals
  • Nolle prosequi cases (not willing to pursue)
  • Minor offenses that meet eligibility requirements

Petition-Based Record Sealing

Other cases require filing a formal Virginia sealing petition with the court.

This process may involve:

  • Filing legal paperwork
  • Paying filing fees
  • Attending a court hearing
  • Demonstrating eligibility
  • Showing rehabilitation or compliance with waiting periods

An experienced criminal record sealing lawyer in Virginia can help prepare and file the petition correctly.

How to Seal a Criminal Record in Virginia

The exact process will vary depending on your case, but the general steps may include:

1. Obtain Your Criminal Record

You should first review your complete criminal history to determine what appears on your background record.

2. Determine Eligibility

Not every offense qualifies under the Virginia record sealing law. Waiting periods and other legal requirements may apply.

3. Gather Court Documents

You may need:

  • Charging documents
  • Disposition records
  • Proof of dismissal or acquittal
  • Sentencing records
  • Compliance documents

4. File a Virginia Sealing Petition

If your case requires petition-based sealing, paperwork must be filed in the appropriate court.

Errors in filing can delay or hurt your case.

5. Attend a Court Hearing

Some sealing requests may require appearing before a judge.

The court may review:

  • Criminal history
  • Rehabilitation efforts
  • Public safety concerns
  • Compliance with the law

6. Receive the Court’s Decision

If approved, the record may be sealed from public access and most background checks.

Can Employers See Sealed Records in Virginia?

One of the biggest questions people ask is whether employers can still see sealed criminal records.

In many cases, sealed records should no longer appear on standard Virginia background checks used by employers or landlords.

However, some government agencies and law enforcement entities may still have limited access under specific circumstances.

If you are concerned about employment opportunities after record sealing, an attorney can explain how the law applies to your situation.

Why Record Sealing Matters

A criminal record can affect nearly every area of life, including:

  • Employment opportunities
  • Housing applications
  • Professional licenses
  • College admissions
  • Financial opportunities
  • Reputation and privacy

Virginia’s Clean Slate law gives qualifying individuals an opportunity to move forward without the ongoing burden of a public criminal record.

Why You Should Contact a Virginia Record Sealing Lawyer

Although some records may qualify for automatic sealing, many people will still need legal guidance to navigate the process correctly.

A Virginia record sealing attorney may help by:

  • Reviewing eligibility
  • Preparing petitions
  • Gathering records
  • Representing you at hearings
  • Avoiding filing mistakes
  • Protecting your rights

The laws surrounding criminal record sealing in Virginia are complex and new procedures will continue developing after July 1, 2026.

Contact Tuomey Law Firm

If you want to seal your criminal record in Virginia, the Tuomey Law Firm can help you understand your options under the new Virginia Clean Slate law.

Whether you need help determining eligibility or filing a Virginia sealing petition, experienced legal guidance can make the process smoother and more effective.

Contact Tuomey Law Firm today to discuss your case and learn whether you may qualify for criminal record sealing in Virginia.

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