Beginning July 1, 2026, Virginia’s new record sealing laws (official government link) will dramatically expand opportunities for people with criminal records to move forward with employment, housing, education, and professional licensing opportunities. The new legislation is often referred to as the “Virginia Clean Slate Law” because it allows many individuals to seal past criminal records that were previously permanent and publicly visible.
If you are wondering whether you qualify for record sealing in Virginia, this guide explains the basics of eligibility, waiting periods, excluded offenses, and the difference between automatic sealing and court petitions.
What Changes on July 1, 2026?
Before these changes, Virginia’s expungement laws were extremely limited. In most situations, only people whose charges were dismissed or who were found not guilty could seek expungement.
Starting July 1, 2026, Virginia law expands eligibility to allow many criminal convictions to be sealed as well. This includes certain misdemeanors and some lower-level felonies after specific waiting periods are completed.
The new law is designed to:
- Reduce barriers to employment and housing
- Help individuals rebuild their lives after rehabilitation
- Allow qualifying records to become hidden from most public background checks
- Create both automatic and petition-based sealing procedures
This means many Virginians who previously had no legal options may soon qualify to seal criminal records.
Expungement vs. Record Sealing in Virginia
Many people use the terms interchangeably, but they are different legal processes.
Virginia Expungement
Expungement generally means the destruction or removal of records from public access. Historically in Virginia, expungement was only available for:
- Dismissed charges
- Acquittals
- Cases involving mistaken identity
- Certain nolle prosequi outcomes
Virginia Record Sealing
Record sealing does not erase the record entirely. Instead, it limits who can view the record. Most employers, landlords, and members of the public will no longer see sealed records, although law enforcement and certain government agencies may still access them.
Under the new Virginia record sealing law, many convictions may now qualify for sealing even if they were not eligible for expungement.
Who Qualifies for Record Sealing in Virginia?
Eligibility depends on several factors, including:
- The type of offense
- Whether the offense was a misdemeanor or felony
- How much time has passed
- Whether additional convictions occurred afterward
- Whether all sentencing requirements were completed
The law separates offenses into categories with different eligibility rules.
Eligible Misdemeanors Under the Virginia Clean Slate Law
Many misdemeanor convictions may qualify for sealing after the required waiting period.
Examples may include:
- Petit larceny
- Disorderly conduct
- Trespassing
- Simple possession offenses
- Certain traffic-related criminal offenses
- Public intoxication
- First-offense nonviolent misdemeanors
In many cases, individuals must remain conviction-free during the waiting period before becoming eligible.
Non-Convictions Also Qualify
The law also allows sealing for many non-conviction outcomes such as:
- Dismissed charges
- Not guilty findings
- Nolle prosequi cases
- Deferred dismissals
Some non-convictions may qualify for automatic sealing without filing a petition.
Eligible Felonies
Certain lower-level, nonviolent felonies may also qualify for sealing under Virginia’s new law.
Examples may include:
- Some drug offenses
- Certain property crimes
- Nonviolent Class 5 and Class 6 felonies
However, not all felonies qualify. Violent crimes and serious offenses remain excluded.
Because felony eligibility can be complicated, individuals should speak with an attorney to determine whether they qualify under the 2026 Virginia sealing laws.
Waiting Periods Explained
Virginia’s new law includes mandatory waiting periods before records can be sealed.
The waiting period usually begins after:
- Completion of incarceration
- Completion of probation
- Payment of fines and restitution
- Completion of all court requirements
Typical waiting periods may include:
| Offense Type | Typical Waiting Period |
|---|---|
| Non-convictions | Often immediate or automatic |
| Certain misdemeanors | Several years |
| Eligible felonies | Longer waiting periods |
A new criminal conviction during the waiting period may restart eligibility timelines.
Crimes That Do NOT Qualify for Record Sealing
Certain offenses are excluded from Virginia’s new record sealing law.
Examples of offenses that generally do not qualify include:
- Violent felonies
- Sex offenses
- Crimes involving serious bodily injury
- Certain domestic violence offenses
- DUI convictions in some circumstances
- Repeat serious offenses
Even if a charge does not qualify for sealing, an attorney may still identify other legal options worth exploring.
Automatic Sealing vs. Petition-Based Sealing
Virginia’s law creates two different sealing processes.
Automatic Sealing
Some records may be sealed automatically by the state without filing paperwork. This often applies to:
- Certain dismissed charges
- Some acquittals
- Specific low-level matters
Automatic sealing reduces the burden on individuals who qualify.
Petition-Based Sealing
Other records require filing a petition with the court. This process may involve:
- Court filings
- Fingerprinting
- Background checks
- Prosecutor review
- Court hearings
An attorney can help determine whether your case requires a petition and whether additional documentation may strengthen your request.
Can I Seal My Virginia Criminal Record?
The answer depends on:
- The exact offense
- Your criminal history
- Whether the offense qualifies under the 2026 law
- Whether you completed all sentencing requirements
- Whether the waiting period has expired
Many people who previously believed they had no options may now qualify under Virginia’s expanded record sealing laws.
Free Eligibility Review
If you are unsure whether you qualify, Tuomey Law Firm offers a free eligibility review to help determine:
- Whether your offense qualifies
- Whether your record may be automatically sealed
- What waiting periods apply
- Whether filing a petition is necessary
Downloadable Checklist: “Can I Seal My Virginia Record?”
Use this checklist before speaking with an attorney:
- Do you know the exact charge and conviction date?
- Was the case dismissed, reduced, or convicted?
- Have you completed probation and all sentencing requirements?
- Have you avoided new convictions since the offense?
- Has the required waiting period passed?
- Was the offense nonviolent?
- Do you have court documents available?
Having this information ready can help speed up the eligibility review process.
Frequently Asked Questions
Does Virginia’s Clean Slate Law start in 2026?
Yes. Major portions of Virginia’s new record sealing law take effect July 1, 2026.
Can felony convictions be sealed in Virginia?
Some nonviolent felony convictions may qualify under the new law, depending on the offense and waiting period requirements.
Will record sealing remove my record completely?
Not necessarily. Sealing limits public access to records, but certain government agencies and law enforcement entities may still access them.
Can employers still see sealed records?
Most employers and landlords will not see sealed records during ordinary background checks.
Do dismissed charges qualify?
Yes. Many dismissed charges and non-convictions qualify for sealing and some may be automatically sealed.
How long does the sealing process take?
The timeline depends on whether the record qualifies for automatic sealing or requires a court petition.
Speak With a Virginia Record Sealing Attorney
Virginia’s new record sealing law could create life-changing opportunities for thousands of people beginning July 1, 2026.
If you want to determine whether you qualify, contact Tuomey Law Firm for a free eligibility review and learn whether you may be able to seal your Virginia criminal record under the new law.