Virginia Criminal Record Sealing

Virginia record sealing is a form of criminal record relief that restricts public access to eligible arrest, charge, conviction, and court records. Unlike traditional expungement, Virginia sealing law may apply to certain convictions, deferred dismissals, non-convictions, and other eligible records. Whether a record qualifies depends on the exact charge, final disposition, offense and disposition dates, waiting periods, criminal history, and the particular sealing statute involved. Virginia law includes both automatic-sealing procedures and petition-based record sealing. A record that does not qualify for one process may require analysis under another, and the word “dismissed” or “convicted” alone does not determine eligibility. This guide explains Virginia record-sealing eligibility, convictions and deferred dismissals, waiting periods, petition procedures, manifest injustice, petition limits, and the legal effect of sealing.

Virginia Record Sealing Guide Topics

What Record Sealing Means	Sealing Eligibility
Sealing by Offense	Criminal Convictions
Automatic vs. Petition	Waiting Periods
Manifest Injustice	Petition Process
Sealing vs. Expungement	FAQs

What Does Record Sealing Mean in Virginia?

Record sealing restricts public access to eligible criminal-history information and court records. A sealed record generally is no longer available through ordinary public court searches or routine public criminal-history dissemination, but sealing does not necessarily mean that every copy of the record is physically destroyed.

Virginia law limits the public availability and dissemination of sealed records while preserving access for specified legal, governmental, law-enforcement, regulatory, and other authorized purposes. The effect is therefore different from simply deleting every historical reference to an arrest, charge, or conviction.

Record sealing can apply through several different statutory procedures. Some eligible records are addressed through automatic sealing, while other convictions, deferred dismissals, charges, or related matters require a petition filed in Circuit Court.

The correct procedure depends on the particular record. The original charge, final disposition, offense date, conviction or dismissal date, criminal history, related charges, waiting periods, and statutory exclusions can all affect whether sealing is available.

What Criminal Records May Qualify for Sealing in Virginia?

Virginia’s sealing laws cover several categories of criminal records rather than one single type of case. Depending on the statute and circumstances, potentially eligible records can include:

Certain misdemeanor convictions;
Certain Class 5 and Class 6 felony convictions;
Certain felony larceny convictions;
Eligible charges that were deferred and later dismissed;
Certain charges and convictions associated with Virginia’s automatic-sealing provisions;
Certain acquittals, nolle prosequi dispositions, and dismissals addressed through automatic-sealing provisions; and
Eligible ancillary matters related to a charge or conviction being sealed.

Eligibility is not determined merely by describing a record as a “misdemeanor,” “felony,” “dismissal,” or “old conviction.” Virginia law contains specific offense categories, exclusions, criminal-history requirements, waiting periods, and procedural rules.

The offense date can also matter. Several petition-sealing provisions apply only when the offense occurred on or after January 1, 1986.

A complete sealing analysis should therefore begin with the exact Virginia Code section, final disposition, offense date, disposition date, sentence history, and complete criminal record.

Virginia Record Sealing by Offense

Virginia record-sealing eligibility can depend on the specific offense, the final disposition, whether the offense was a misdemeanor or felony, and whether the record qualifies for automatic or petition-based sealing. The following guides address the sealing rules for specific Virginia offenses.

Theft, Larceny & Fraud Offenses

Drug Offenses

Assault, Property & Other Offenses

Sealing Virginia Criminal Convictions

One of the most important differences between record sealing and traditional expungement is that Virginia sealing law can provide relief for certain criminal convictions. An ordinary valid conviction generally cannot be removed through traditional expungement merely because the sentence was completed or significant time has passed, but some convictions may qualify for sealing.

Virginia Code § 19.2-392.12 permits a person to petition for sealing of certain convictions and deferred-and-dismissed charges involving:

Misdemeanor offenses;
Class 5 felonies;
Class 6 felonies; and
Certain felony larceny offenses punishable under Virginia Code § 18.2-95.

That does not mean every offense within those classifications is sealable. Section 19.2-392.12 contains exclusions and eligibility requirements, and the petitioner’s other felony history can independently affect eligibility.

Virginia law also identifies a narrower group of convictions that may qualify for automatic sealing after the statutory requirements are satisfied. Under the current automatic-conviction provision, specified eligible convictions generally require seven years without a new reportable criminal conviction, excluding traffic infractions, and automatic sealing can be prevented when an ineligible offense was also convicted on the same date.

The distinction between a conviction that may be automatically sealed and one that requires a petition is important because the eligibility standards and procedures are different.

Deferred Dismissals and Virginia Record Sealing

A deferred disposition occurs when a court postpones final resolution of a charge, often after a plea, stipulation, or finding concerning the evidence, while the defendant completes specified conditions. If those conditions are satisfied, the charge may later be dismissed.

Deferred dismissals can create difficulty under traditional expungement law because a dismissal entered after a guilty plea, stipulation of sufficient evidence, or judicial finding may not be treated the same as an outright dismissal. Virginia’s record-sealing statutes provide a separate potential form of relief for certain eligible deferred-and-dismissed charges.

Under § 19.2-392.12, a deferred-and-dismissed misdemeanor, Class 5 or 6 felony, or qualifying larceny felony may be eligible for petition-based sealing if the statutory requirements are satisfied. Other deferred dismissals associated with offenses addressed by automatic sealing may be considered under § 19.2-392.12:1.

Some deferred dismissals may remain eligible for traditional expungement under specific Virginia statutes. For that reason, the final order, plea, court findings, and statute used to defer the charge should be reviewed before deciding whether the appropriate remedy is expungement or record sealing.

Automatic Sealing vs. Petition-Based Sealing

Virginia’s record-sealing framework includes both automatic and petition-based procedures.

Automatic sealing applies to specified records when the statutory conditions are satisfied. Virginia law provides automatic-sealing procedures for certain convictions and for certain charges that resulted in acquittal, nolle prosequi, or dismissal.

Petition-based sealing requires the person seeking relief to file a petition in Circuit Court. Section 19.2-392.12 provides a petition mechanism for specified convictions and deferred-and-dismissed charges. Section 19.2-392.12:1 provides a separate petition mechanism for specified charges and convictions connected to Virginia’s automatic-sealing framework and certain related ancillary matters.

The existence of an automatic-sealing statute does not mean every eligible-looking record will be sealed without further analysis. Offense dates, criminal history, same-date convictions, disposition details, and other statutory requirements can affect the result.

Waiting Periods for Virginia Record Sealing

Waiting periods are an important part of Virginia petition-based sealing. Under § 19.2-392.12, the applicable crime-free period is generally:

Seven years for an eligible misdemeanor offense; and
Ten years for an eligible felony offense.

The statutory period is measured from the latest applicable event identified in the law. Depending on the case, that can include the deferred dismissal, conviction, release from incarceration, a violation of a suspended sentence, probation, or parole, or release from incarceration following such a violation.

During the applicable seven-year or ten-year period, the petitioner generally cannot have a new criminal conviction that is reportable to the Central Criminal Records Exchange or an equivalent conviction from another jurisdiction, excluding traffic infractions under Title 46.2.

Section 19.2-392.12 also contains separate criminal-history restrictions. A petitioner cannot have been convicted of a Class 1 or 2 felony or another felony punishable by life imprisonment, and recent Class 3, Class 4, and other felony convictions can make a petitioner ineligible under the statutory lookback periods.

Section 19.2-392.12:1 uses a separate seven-year requirement for petitions involving specified charges and convictions related to automatic sealing. Because the timing rules depend on which statute applies, the correct sealing pathway should be identified before calculating eligibility.

Manifest Injustice in Virginia Record Sealing Cases

Manifest injustice is a required finding for sealing under Virginia Code § 19.2-392.12. The Circuit Court must find that continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances that constitute a manifest injustice to the petitioner.

The analysis can involve the practical consequences of continuing public access to a criminal record. Depending on the circumstances, relevant considerations may include:

Employment and background-check consequences;
Professional or occupational licensing;
Housing opportunities;
Education and training;
Security-clearance issues;
Volunteer opportunities;
Reputational consequences; and
Other recurring effects caused by continued public availability of the record.

Manifest injustice is not the only requirement. The petitioner must also satisfy the offense, criminal-history, waiting-period, restitution, rehabilitation, and other requirements that apply under § 19.2-392.12.

If the Commonwealth’s Attorney does not object, stipulates that the petitioner is eligible, and agrees that continued existence and dissemination of the record causes or may cause manifest injustice, the Circuit Court may enter a sealing order without conducting a hearing.

How the Virginia Record Sealing Petition Process Works

A petition under Virginia Code § 19.2-392.12 generally involves the following steps:

Review the complete criminal history. Eligibility depends on more than the single charge or conviction the petitioner wants sealed.
Identify the correct sealing statute. Determine whether the record falls under automatic sealing, § 19.2-392.12, § 19.2-392.12:1, or another sealing provision.
Confirm the waiting period and criminal-history requirements. The applicable statutory period and prior convictions must be evaluated before filing.
Determine which charges may be included. Under § 19.2-392.12, multiple eligible charges or convictions may be included in one petition when they arose from the same transaction or occurrence.
File in the proper Circuit Court. The petition is filed in the Circuit Court for the city or county where the case was disposed.
Provide the required case information. The petition identifies the charge or conviction, final disposition, arrest information, case number, identifying information, and related matters required by statute. A copy of the warrant, summons, or indictment should be included when reasonably available.
Serve the Commonwealth’s Attorney. The Commonwealth must be made a party to the proceeding. The Commonwealth’s Attorney may object, answer, or notify the court that there is no objection within the statutory response period.
Request the criminal-history transmission. The petitioner requests that the Central Criminal Records Exchange electronically forward the petitioner’s Virginia and national criminal-history record to the Circuit Court.
Address eligibility and manifest injustice. The court evaluates the statutory requirements and any objection or evidentiary issue.
Obtain the sealing order. If the statutory criteria are met, the court enters an order sealing the eligible criminal-history and court records.
Implementation of the order. The clerk electronically notifies the Virginia Department of State Police, which then handles the sealed criminal-history records and notifies other agencies and individuals as required by law.

No court fees or costs are required for filing a petition under § 19.2-392.12 or § 19.2-392.12:1.

Why Virginia Record Sealing Petition Strategy Matters

Virginia Code § 19.2-392.12 generally allows a petitioner to have only two petitions granted during the person’s lifetime. That makes the organization of eligible charges important before the first petition is filed.

A petition under § 19.2-392.12 may include multiple eligible charges, convictions, and ancillary matters when the charges or convictions arose from the same transaction or occurrence. Charges or convictions arising from different transactions or occurrences generally cannot be combined in the same petition under that section.

For example, several eligible counts arising from one incident may sometimes be addressed in a single petition. Separate eligible cases arising from unrelated events may require separate petitions and can therefore implicate the lifetime petition limit.

Section 19.2-392.12:1 is treated differently. A petitioner is not limited in the number of petitions that may be granted under § 19.2-392.12:1, and a petition granted under that section does not count toward the two-petition lifetime maximum imposed by § 19.2-392.12.

This distinction makes it important to review the complete criminal history and determine which statute applies to each potentially eligible record before deciding how petitions should be organized.

Multiple Charges, Cases, and Sentencing Events

Criminal records frequently involve more than one charge. A single incident may produce several counts, and different counts may have different final dispositions. A person may also have eligible records from multiple unrelated incidents or from different Virginia jurisdictions.

Under § 19.2-392.12, the same-transaction-or-occurrence rule can allow multiple eligible charges or convictions to be included in one petition. Records arising from separate transactions generally must be treated separately.

Different dispositions can also require different legal analysis. One charge may have been convicted, another deferred and dismissed, and another dismissed outright. Some may be analyzed under record-sealing law while another may be more appropriately analyzed under traditional expungement law.

The complete criminal history should therefore be reviewed before filing rather than approaching each online case entry in isolation.

Virginia Code §§ 19.2-392.12 and 19.2-392.12:1

Virginia Code § 19.2-392.12

Section 19.2-392.12 is the principal petition-sealing provision for specified convictions and deferred-and-dismissed charges. It covers potentially eligible misdemeanors, Class 5 and Class 6 felonies, and specified felony larceny offenses with qualifying offense dates.

The statute includes criminal-history restrictions, seven-year and ten-year crime-free periods, rehabilitation requirements in certain alcohol or drug-related cases, restitution requirements, the two-petition lifetime limitation, and the manifest-injustice requirement.

Virginia Code § 19.2-392.12:1

Section 19.2-392.12:1 provides a separate petition mechanism for specified charges and convictions connected to offenses addressed by Virginia’s automatic-sealing framework. It can also permit a petition to seal certain ancillary matters related to an offense that has already been automatically sealed.

Unlike § 19.2-392.12, § 19.2-392.12:1 does not impose a lifetime limit on the number of petitions that may be granted, and petitions granted under § 19.2-392.12:1 do not count toward the two-petition maximum under § 19.2-392.12.

The existence of these separate statutes is one reason that a sealing analysis should identify the particular statutory pathway rather than treating every record-sealing petition as the same procedure.

Record Sealing vs. Expungement in Virginia

Record sealing and expungement are separate forms of Virginia criminal record relief. Although people often use the terms interchangeably, the remedies apply under different statutes and may address different types of records.

Issue	Traditional Expungement	Record Sealing
Typical record	Eligible arrests and charges that did not result in a conviction	May include certain convictions, deferred dismissals, non-convictions, and related records
Ordinary conviction	Generally not eligible, subject to limited statutory exceptions	Certain convictions may qualify
Deferred dismissal	Eligibility depends on the plea, court findings, final order, and statutory exceptions	Certain deferred dismissals may qualify
Automatic process	Traditional expungement generally requires a petition	Some eligible records are addressed through automatic sealing
Petition process	Available for eligible expungement matters	Available under several sealing provisions depending on the record

The distinction is particularly important when a record says “dismissed.” An outright dismissal may present a traditional expungement issue, while a deferred dismissal entered after a plea, stipulation, or finding of sufficient evidence may require a different analysis.

What Happens After a Virginia Record Is Sealed?

When an eligible criminal record is sealed, Virginia law generally prevents the sealed criminal-history information and court record from remaining openly available to the public in the same manner as an unsealed record.

The Virginia Department of State Police generally may not disseminate criminal-history information relating to the sealed arrest, charge, or conviction except for purposes specifically authorized by law. Court records that have been sealed are also restricted from ordinary public online viewing and public dissemination.

Sealing does not necessarily mean that every record is physically destroyed. Virginia law preserves access and use for specified purposes, and sealed information may remain available to certain government agencies, courts, law-enforcement entities, employers, litigants, and others when a statute authorizes access.

Private background-check databases may also require time to update records obtained before sealing. Virginia law separately regulates business screening services and their handling of sealed records, but a private database may not visually update at the same moment a court order is entered.

For a detailed explanation of what employers and background-screening companies may see, how far back employment background checks can go, and how record sealing or expungement may affect the information reported, see our Virginia Employment Background Checks & Criminal Records Guide.

Who Can Still Access a Sealed Virginia Criminal Record?

A sealed record is generally removed from ordinary public inspection, but Virginia Code § 19.2-392.13 contains numerous authorized uses and disclosures. Depending on the circumstances, sealed information may remain available for specified purposes involving:

Firearm eligibility determinations and the National Instant Criminal Background Check System;
Law-enforcement and criminal-justice functions;
Certain state and federal employment screening;
Positions subject to federal or national-security requirements;
Court proceedings and legally authorized litigation uses;
Protective-order and child-custody proceedings;
Specified governmental and regulatory functions;
Collection of court costs, fines, or restitution;
Research, audit, sentencing, and other purposes expressly authorized by statute; and
The person whose own record was sealed.

The existence of these exceptions is why “sealed” should not be understood to mean that the record ceases to exist for every legal or governmental purpose. The primary effect is the restriction of ordinary public access and dissemination.

When a Virginia Record Sealing Lawyer May Be Helpful

A record-sealing analysis can become more complicated when a person has multiple charges, more than one eligible case, a deferred dismissal, a felony conviction, criminal history in another jurisdiction, disputed waiting periods, or a record that may fall under more than one sealing statute.

Petition strategy can also matter because § 19.2-392.12 generally permits only two granted petitions during a person’s lifetime, while § 19.2-392.12:1 operates under a different rule. Filing before reviewing the complete criminal history can therefore affect how limited petition opportunities are used.

If you want an attorney to evaluate eligibility and handle a Virginia Circuit Court sealing petition, see our Virginia Record Sealing Lawyer page.

Virginia Record Sealing FAQs

What does it mean to seal a criminal record in Virginia?

Record sealing restricts public access to eligible criminal-history information and court records. The record may continue to exist for specified legal and governmental purposes, but it generally is no longer available through ordinary public access in the same manner as an unsealed record.

Can a criminal conviction be sealed in Virginia?

Yes, certain criminal convictions may qualify for sealing under Virginia law. Eligibility depends on the offense, offense date, criminal history, waiting period, statutory exclusions, and whether the record falls under an automatic or petition-based sealing provision.

Can a felony conviction be sealed in Virginia?

Certain felony convictions may qualify for petition-based sealing. Virginia Code § 19.2-392.12 includes potentially eligible Class 5 and Class 6 felonies and certain felony larceny offenses, subject to the statute’s exclusions and other eligibility requirements.

Can a deferred dismissal be sealed in Virginia?

Yes, certain deferred-and-dismissed charges may qualify for sealing. The applicable statute depends on the offense, disposition, offense date, criminal history, and other eligibility requirements. Some deferred dismissals may instead remain eligible for traditional expungement under specific statutory provisions.

Is record sealing the same as expungement?

No. Traditional expungement generally applies to eligible arrests and charges that did not result in a conviction. Record sealing is a separate statutory framework that may apply to certain convictions, deferred dismissals, non-convictions, and related records.

Is Virginia record sealing automatic?

Some eligible records are addressed through automatic-sealing procedures, while others require a petition in Circuit Court. Which pathway applies depends on the charge, disposition, offense date, criminal history, and the particular sealing statute.

How long do I have to wait to petition for record sealing in Virginia?

Under Virginia Code § 19.2-392.12, the crime-free period is generally seven years for an eligible misdemeanor and ten years for an eligible felony, measured from the latest applicable statutory event. Other sealing provisions can use different eligibility and timing rules.

What is manifest injustice in a Virginia record sealing case?

For a petition under § 19.2-392.12, the court must find that continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances constituting manifest injustice. Employment, licensing, housing, education, reputation, and other background-check consequences may be relevant depending on the case.

How many Virginia record sealing petitions can be granted?

Virginia Code § 19.2-392.12 generally limits a petitioner to two granted petitions during the person’s lifetime. Petitions granted under § 19.2-392.12:1 are not subject to that lifetime limit and do not count toward the two-petition maximum under § 19.2-392.12.

Can multiple charges be included in one record sealing petition?

Under § 19.2-392.12, multiple eligible charges or convictions may be included in one petition when they arose from the same transaction or occurrence. Charges or convictions arising from different transactions or occurrences generally cannot be combined in one petition under that section.

Who can still see a sealed criminal record in Virginia?

Sealed records are generally restricted from ordinary public inspection, but Virginia law permits access and use for numerous specified purposes, including certain law-enforcement, court, firearm-eligibility, governmental, regulatory, employment, litigation, and other authorized functions.

What should I review before filing a Virginia record sealing petition?

Important information includes the exact charge, Virginia Code section, offense date, final disposition, conviction or dismissal date, sentence history, restitution status, related charges, criminal history, prior sealing petitions, and the court where the case was disposed.

Need Help With Virginia Record Sealing?

Virginia Super Lawyers 2025 Riley & Wells Attorneys-At-Law Virginia record-sealing eligibility can depend on the exact offense, final disposition, dates, criminal history, waiting period, restitution status, and the particular sealing statute involved. Multiple eligible records may also require consideration of how charges should be grouped before a petition is filed. If you want an individualized review of your Virginia criminal record and potential sealing options, contact our attorneys to request a confidential case review.

2/7/2026 | Updated 9/2/2026