A step-by-step eligibility checklist for 2026

Effective July 1, 2026, Virginia launches a comprehensive criminal record sealing system that goes far beyond the Commonwealth’s traditional, very limited expungement process. The new law includes both automatic sealing for certain matters and petition-based sealing for others.

What “sealing” means: Sealing makes records inaccessible to the public (including most employer/landlord background checks) while allowing limited access for specific purposes defined by law. It is distinct from expungement.

We can begin the process now, contact us today!

571-565-5440

Quick Pathways Overview

Automatic Sealing (no court petition required) applies to:

• Certain misdemeanor convictions (listed below) after a waiting period.
• Misdemeanor non-convictions (dismissal/acquittal) at case conclusion (or after 3 years for older cases if you have a clean record).
• Former marijuana possession offenses—sealed without a court order.

Petition-Based Sealing requires:

• Filing a petition in circuit court and meeting additional criteria (waiting period, clean record, etc.).
• **Important:** There is currently no court filing fee for these petitions.

Step-by-Step Eligibility Checklist

Step 1 — Identify your case type

The process depends entirely on whether your case resulted in a non-conviction, a minor conviction, or a more serious conviction.

Pathway A: Non-Convictions

This includes cases dismissed (e.g., *nolle prosequi*, dismissal with prejudice) or an acquittal (Not Guilty verdict).

• **New Cases (on or after July 1, 2026):** Misdemeanor non-convictions are generally sealed automatically and immediately upon case conclusion, unless you object.
• **Old Cases (before July 1, 2026):** If you were charged with a misdemeanor that was dismissed or resulted in an acquittal, it may be automatically sealed if your record has been clean for 3 years.

Pathway B: Misdemeanor Convictions

This covers most Class 1 and Class 2 misdemeanor convictions.

• **Automatic Sealing:** Applies to a specific list of offenses 7 years after conviction/release, including (but not limited to):
  • Petit larceny/Shoplifting
  • Disorderly conduct
  • Certain types of trespassing
  • Misdemeanor distribution of marijuana
• **Petition Sealing:** Applies to most other misdemeanor convictions (excluding domestic assault, DUI, and other ineligible crimes) after 7 years, provided you meet the “clean record” criteria below.

Pathway C: Felony Convictions

Only certain lower-level felony convictions are eligible for sealing, and it **always requires a petition** to the court.

• **Eligible Offenses:** Most Class 5 and Class 6 felonies, and all larceny offenses punishable as a felony (like Grand Larceny), provided the offense is non-violent.
• **Ineligible Offenses:** Serious violent felonies (Class 1, 2, 3, or 4), sex offenses, offenses requiring sex offender registration, offenses involving a firearm, protective order violations, and DUI-related convictions are generally **not eligible**.

Step 2 — Check the Waiting Period and “Clean Record” Requirements

For sealing convictions (Pathway B & C), you must meet strict time and law-abiding behavior requirements.

Minimum Waiting Period (Crime-Free)

• Misdemeanor Conviction: 7 years from the date of conviction or release from incarceration, whichever is later.
• Eligible Felony Conviction: 10 years from the date of conviction or release from incarceration, whichever is later.

The “Clean Record” Rule: During the entire waiting period, you must not have been convicted of any other crime in Virginia or any other jurisdiction (excluding minor traffic infractions).

Step 3 — Review Severe Disqualifiers (Felony History)

Even if your current offense is eligible, your overall criminal history can disqualify you from petition-based sealing.

• **NEVER** convicted of a Class 1 or Class 2 felony, or any offense punishable by life in prison.
• **NO** Class 3 or Class 4 felony convictions within the last 20 years.
• **NO** other felony convictions within the last 10 years (at the time of filing the petition).
• You can generally have no more than **two** prior convictions sealed under the new law.
• You must have fully paid any outstanding restitution related to the offense to be sealed.

Step 4 — Petition (If Required) and Rehabilitation

If your case falls under the petition-based sealing (most felony and some misdemeanor convictions):

1. You must file a formal petition in the Circuit Court where the charge originated.
2. If the offense involved alcohol or drug use/dependence, you must provide proof of **rehabilitation** to the court (e.g., treatment records, AA/NA attendance).
3. You must demonstrate to the court that the continued dissemination of the record would cause a **”manifest injustice”** to you.

We can begin the process now, contact us today!

571-565-5440

We Can Help You Determine Your Eligibility

The new Virginia sealing law is complex and involves specific timelines and definitions. The easiest way to know for sure if you qualify for automatic sealing or if you can successfully petition the court is to consult with an experienced attorney.

Don’t wait until 2026. Contact Tuomey Law Firm today to review your criminal record, confirm your eligibility, and start gathering the necessary documentation to ensure you are ready to file on day one.