Virginia Clean Slate Eligibility
Virginia Clean Slate eligibility depends on the specific criminal record rather than a simple label such as “misdemeanor,” “felony,” or “dismissed.” Whether a record may qualify for sealing can depend on the exact offense, final disposition, offense and disposition dates, criminal history, waiting periods, same-date convictions, and the particular automatic or petition-based sealing provision that applies. Certain convictions and deferred dismissals may qualify for record sealing under Virginia law, while other records are excluded or require additional statutory conditions to be satisfied. This guide focuses specifically on what affects Clean Slate eligibility, including qualifying offenses, common exclusions, criminal-history restrictions, waiting periods, and the information needed to evaluate a particular record.
Virginia Clean Slate Eligibility Guide Topics
Related Virginia Clean Slate Guides
What Determines Virginia Clean Slate Eligibility?
Virginia record-sealing eligibility is determined by the particular statute that applies to the record. A person may have one conviction that qualifies for automatic sealing, another conviction that may qualify only through a Circuit Court petition, and another record that is not eligible for sealing.
Important eligibility factors include:
- The exact offense and Virginia Code section;
- Whether the record involves a conviction or deferred-and-dismissed charge;
- The offense date;
- The conviction or dismissal date;
- The classification of the offense;
- The person’s Virginia and national criminal history;
- Whether another conviction occurred on the same date;
- Whether the applicable crime-free waiting period has been completed;
- Whether the offense falls within a statutory exclusion;
- Whether restitution was ordered and has been paid;
- Whether rehabilitation must be established in an alcohol- or drug-related case; and
- For certain petition cases, whether continued dissemination of the record causes or may cause manifest injustice.
The offense date is particularly important. Many of Virginia’s current conviction-sealing provisions apply only to offenses committed on or after January 1, 1986.
Which Convictions May Qualify for Automatic Sealing?
Virginia Code § 19.2-392.6 identifies a limited group of convictions that may qualify for automatic sealing. For offenses committed on or after January 1, 1986, the current categories include:
- Misdemeanor petit larceny under § 18.2-96;
- Misdemeanor concealment or shoplifting under § 18.2-103;
- Specified trespass-related offenses under §§ 18.2-119, 18.2-120, and 18.2-134;
- A misdemeanor violation of § 18.2-248.1;
- Disorderly conduct under § 18.2-415.
Being convicted of one of these offenses does not by itself guarantee automatic sealing. The statute generally requires that seven years have passed since the conviction without a new reportable criminal conviction during that period, excluding traffic infractions under Title 46.2.
There is also an important same-date restriction. An otherwise eligible conviction is not automatically sealed under § 19.2-392.6 if the person was convicted on the same date of another offense that is not eligible for automatic sealing under that section.
Automatic-sealing eligibility is therefore narrower than petition-based sealing eligibility. Many offenses that are not automatically sealable may still require analysis under one of Virginia’s petition-sealing provisions.
Which Records May Qualify for Petition-Based Sealing?
Virginia Code § 19.2-392.12 creates a broader petition-based sealing pathway. Subject to statutory exclusions and other eligibility requirements, a person may petition to seal a conviction or deferred-and-dismissed charge involving:
- A misdemeanor;
- A Class 5 felony;
- A Class 6 felony;
- A felony violation of § 18.2-95; or
- Another felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95.
The offense date generally must be on or after January 1, 1986.
This broad classification rule should not be read to mean that every misdemeanor, Class 5 felony, or Class 6 felony can be sealed. Section 19.2-392.12 contains a substantial list of excluded offenses and also imposes criminal-history, waiting-period, restitution, rehabilitation, petition-limit, and manifest-injustice requirements.
Virginia Code § 19.2-392.12:1 creates a separate petition pathway for certain convictions and deferred dismissals associated with offenses included in the automatic-sealing framework. That provision has its own eligibility and timing rules.
Virginia Misdemeanor Sealing Eligibility
Misdemeanors represent one of the broadest potential categories for petition-based sealing under § 19.2-392.12, but the statute expressly excludes numerous misdemeanor offenses.
An eligible misdemeanor petition under § 19.2-392.12 generally requires a seven-year crime-free period. The period is measured from the latest applicable statutory event, which can include the conviction, dismissal of a deferred charge, release from incarceration, a finding of a violation of probation or a suspended sentence, or release following such a violation.
The petitioner must also satisfy the statute’s other requirements, including applicable criminal-history restrictions. Certain commonly encountered misdemeanor offenses are specifically excluded from petition sealing, so the exact Code section must be checked rather than relying only on the misdemeanor classification.
Virginia Felony Sealing Eligibility
Virginia law permits petition-based sealing of some felony convictions and deferred dismissals, but the eligible universe is substantially narrower than simply saying that “felonies can be sealed.”
Section 19.2-392.12 potentially covers Class 5 felonies, Class 6 felonies, felony larceny under § 18.2-95, and other felony larceny offenses punished under § 18.2-95. The offense must still survive the statute’s specific exclusions and satisfy all other eligibility requirements.
For an eligible felony petition under § 19.2-392.12, the required crime-free period is generally ten years from the latest applicable statutory event.
A petitioner’s other felony history is particularly important. The statute requires that the petitioner:
- Has never been convicted of a Class 1 or Class 2 felony or another felony punishable by imprisonment for life;
- Has not been convicted of a Class 3 or Class 4 felony within the previous 20 years; and
- Has not been convicted of another felony within the previous 10 years.
These criminal-history restrictions apply even when the particular conviction the person wants sealed would otherwise fall within an eligible offense classification.
Deferred Dismissals and Clean Slate Eligibility
Virginia’s petition-sealing law can apply to certain charges that were deferred and later dismissed. This can be particularly important when the final dismissal followed a plea, stipulation, or judicial finding that prevents the record from being treated like an ordinary outright dismissal.
Under § 19.2-392.12, a deferred-and-dismissed misdemeanor, Class 5 felony, Class 6 felony, or qualifying felony larceny charge may potentially be sealed if the offense date and other statutory requirements are satisfied.
Section 19.2-392.12:1 also permits petitions involving deferred-and-dismissed versions of specified offenses associated with Virginia’s automatic-sealing framework. For qualifying petitions under that provision, seven years generally must have passed since the deferred charge was dismissed without a new reportable criminal conviction during that period, excluding traffic infractions.
The exact wording of the original charge and final disposition therefore matters. A person should not assume that every deferred dismissal is treated the same way for Clean Slate eligibility.
How Criminal History Can Affect Clean Slate Eligibility
Clean Slate eligibility often depends on the person’s complete criminal history, not just the one case being considered for sealing.
Under § 19.2-392.12, certain prior felony convictions can make a person ineligible even when the offense being considered for sealing would otherwise qualify. As noted above, Class 1 and Class 2 felonies and other life-punishable felonies create a permanent statutory barrier under this provision, while Class 3 and Class 4 felonies have a 20-year lookback and other felonies have a 10-year lookback.
The petitioner must also remain free of new reportable criminal convictions during the applicable seven-year misdemeanor or ten-year felony crime-free period, excluding traffic infractions under Title 46.2.
Automatic conviction sealing uses a different but related rule. Section 19.2-392.6 generally requires seven years without a new reportable criminal conviction and also prevents automatic sealing when another ineligible conviction occurred on the same date.
Because different provisions apply different criminal-history tests, a record should be evaluated under the specific statute that could provide relief.
Virginia Clean Slate Waiting Periods
There is no single waiting period that applies to every Clean Slate record. The correct period depends on the type of relief.
| Type of Sealing | General Timing Rule |
|---|---|
| Automatic conviction sealing under § 19.2-392.6 | Generally seven years after conviction without a new reportable criminal conviction |
| § 19.2-392.12 misdemeanor petition | Generally a seven-year crime-free period from the latest applicable statutory event |
| § 19.2-392.12 felony petition | Generally a ten-year crime-free period from the latest applicable statutory event |
| Specified § 19.2-392.12:1 petition | Generally seven years after conviction or dismissal of the deferred charge without a new reportable criminal conviction |
For § 19.2-392.12 petitions, the clock does not necessarily begin on the original conviction date. The statute looks to the latest applicable event, which can include release from incarceration or later violations of probation, parole, or a suspended sentence.
For that reason, the conviction date alone is not always enough to determine whether the waiting period has been completed.
Common Offenses and Circumstances That May Prevent Sealing
Section 19.2-392.12 contains an extensive list of offenses that are not eligible for sealing under that provision. The complete statutory list should be reviewed for any specific case. Common categories and examples include:
- Certain homicide and serious violent offenses;
- Offenses requiring registration with the Sex Offender and Crimes Against Minors Registry;
- Violent felonies identified by Virginia law;
- Driving under the influence under § 18.2-266 and certain related offenses;
- Assault and battery against a family or household member under § 18.2-57.2;
- Offenses where the victim was a family or household member, as defined by Virginia law;
- Violations of certain protective orders;
- Specified sexual offenses;
- Hate crimes;
- Certain firearm-related felonies when a firearm was used as part of the underlying offense, subject to the statutory restoration exception;
- Certain election offenses;
- Specified animal-related offenses; and
- Attempts, conspiracies, solicitations, and accessory offenses when the underlying offense is itself excluded or falls within specified serious-felony categories.
Offense classification alone is therefore not enough. A Class 5 or Class 6 felony, for example, may fall within the general class of petition-eligible felonies but still be excluded because of the particular offense or circumstances.
How Same-Date Convictions and Multiple Charges Affect Eligibility
Multiple charges can materially affect Clean Slate eligibility.
For automatic conviction sealing under § 19.2-392.6, an otherwise eligible conviction is not automatically sealed when the person was convicted on the same date of another offense that is not eligible for automatic sealing under that section.
Section 19.2-392.12:1 contains a similar same-date issue for petitions under that provision: a petition cannot seek sealing when the charge, conviction, or ancillary matter was finalized on the same date as a conviction or deferred dismissal that is not eligible under that section.
Petition-based sealing under § 19.2-392.12 also requires attention to how multiple charges arose. Multiple eligible charges or convictions may be included in one petition when they arose from the same transaction or occurrence. Because that section generally limits a person to two granted petitions during a lifetime, the relationship among multiple eligible records can matter before a petition is filed.
Other Requirements for Petition-Based Eligibility
Meeting the offense classification and waiting period does not necessarily establish eligibility under § 19.2-392.12. The court must also make additional findings required by the statute.
Among those requirements:
- If restitution was ordered as a condition of the charge, conviction, or related matter, the restitution must have been paid in full;
- If the underlying occurrence involved the use of or dependence upon alcohol, narcotic drugs, or another intoxicant, the petitioner must demonstrate rehabilitation;
- The petitioner must remain within the lifetime petition limits imposed by § 19.2-392.12; and
- The continued existence and possible dissemination of the record must cause or potentially cause circumstances constituting manifest injustice to the petitioner.
These additional findings are one reason petition eligibility should not be determined solely from an offense list.
What Information Is Needed to Determine Clean Slate Eligibility?
A reliable eligibility review begins with the actual criminal record. Important information includes:
- The court and jurisdiction for each case;
- Case numbers;
- The exact charge and Virginia Code section;
- The offense date;
- The final disposition for each charge;
- The conviction or deferred-dismissal date;
- Sentence and incarceration information, if applicable;
- Probation, suspended-sentence, or parole completion and violation information;
- Restitution information;
- Other Virginia or out-of-state convictions;
- Any prior record-sealing petitions; and
- Any background-check report showing the record.
Multiple counts should be reviewed individually. One charge in a case may qualify while another does not, and the interaction between the charges can affect automatic or petition-based eligibility.
When a Virginia Clean Slate Lawyer May Be Helpful
Eligibility can become difficult to determine when there are multiple convictions, deferred dismissals, mixed misdemeanor and felony records, offenses from different jurisdictions, same-date convictions, uncertain waiting periods, or a possible statutory exclusion.
Legal review can also be useful when a record appears to satisfy an automatic-sealing category but remains public, or when it is unclear whether the correct route is automatic sealing or a Circuit Court petition.
If you want an individualized review of whether Virginia Clean Slate applies to your record and what next step may be available, see our Virginia Clean Slate Lawyer page.
Virginia Clean Slate Eligibility FAQs
What determines whether I qualify for Virginia Clean Slate sealing?
Eligibility can depend on the exact offense, offense date, final disposition, criminal history, waiting period, same-date convictions, statutory exclusions, and whether the record falls under an automatic or petition-based sealing provision.
Are all Virginia misdemeanors eligible for sealing?
No. Section 19.2-392.12 creates a broad petition pathway for misdemeanors, but the statute specifically excludes numerous offenses and imposes additional criminal-history, waiting-period, and other eligibility requirements.
Can a misdemeanor conviction be automatically sealed?
Only certain specified misdemeanor convictions qualify for automatic sealing under § 19.2-392.6. The current list includes specified larceny, shoplifting, trespass-related, marijuana, and disorderly-conduct offenses, subject to the statute’s offense-date, seven-year, criminal-history, and same-date-conviction requirements.
Can a felony conviction qualify for Virginia Clean Slate sealing?
Certain felony convictions may qualify for petition-based sealing. Section 19.2-392.12 potentially covers Class 5 felonies, Class 6 felonies, felony larceny under § 18.2-95, and certain other felony larceny offenses, subject to statutory exclusions and all other eligibility requirements.
Can a deferred dismissal qualify for Clean Slate sealing?
Yes. Certain deferred-and-dismissed misdemeanors, Class 5 or Class 6 felonies, qualifying felony larceny charges, and specified offenses associated with the automatic-sealing framework may qualify for petition-based sealing if the applicable statutory requirements are satisfied.
How long do I have to wait to qualify for Virginia record sealing?
The waiting period depends on the sealing provision. Automatic conviction sealing generally requires seven years without a new reportable criminal conviction. Petition sealing under § 19.2-392.12 generally requires seven years for an eligible misdemeanor and ten years for an eligible felony, measured from the latest applicable statutory event.
Can my prior criminal history make me ineligible?
Yes. Criminal history can affect both automatic and petition-based eligibility. For example, § 19.2-392.12 disqualifies a person who has ever been convicted of a Class 1 or Class 2 felony or another life-punishable felony and imposes additional lookback periods for other felony convictions.
Can another conviction on the same date prevent automatic sealing?
Yes. Under § 19.2-392.6, an otherwise eligible conviction is not automatically sealed if the person was convicted on the same date of another offense that is not eligible for automatic sealing under that section.
Are DUI convictions eligible for petition-based sealing?
Virginia Code § 19.2-392.12 specifically lists § 18.2-266 and certain related offenses among the offenses that are ineligible for sealing under that petition provision.
Can a family or household member offense be sealed?
Section 19.2-392.12 excludes specified domestic-violence offenses and also excludes offenses where the victim of the crime to be sealed was a family or household member as defined by Virginia law. The exact charge and facts should be reviewed.
Does completing the waiting period guarantee that my record can be sealed?
No. Completing the applicable waiting period is only one part of eligibility. The offense must also qualify, criminal-history requirements must be satisfied, and petition cases may involve additional requirements such as restitution, rehabilitation, petition limits, and manifest injustice.
What information should I gather to check Clean Slate eligibility?
Gather the court, case number, exact charge and Code section, offense date, final disposition, conviction or deferred-dismissal date, sentence information, probation or incarceration information, restitution status, other criminal history, and any prior sealing petitions.
Need Help Determining Virginia Clean Slate Eligibility?
Clean Slate eligibility can depend on the interaction between the exact offense, final disposition, dates, criminal history, waiting periods, same-date convictions, statutory exclusions, and the particular sealing provision involved. If you want an individualized review of your Virginia criminal record and potential Clean Slate eligibility, contact our attorneys to request a confidential case review.
2/22/2026 | Updated 8/23/2026