Virginia Clean Slate Eligibility

Virginia’s Clean Slate law takes effect July 1, 2026 and creates new ways to seal certain criminal records. Eligibility is not based on a single keyword like “misdemeanor,” “felony,” or “dismissed.” It depends on the charge type, final disposition language, your full record history, waiting periods, and whether the record falls into an excluded category. This page explains the practical eligibility factors and what you should gather so you can get a clearer answer. Want a record-specific eligibility review? Visit our Virginia Clean Slate lawyer page for help confirming eligibility and planning next steps.

Jump to:

What You Need to Know	Eligibility Paths
Record Relief Resources	Automatic or Petition
Common Exclusions	What To Gather
Talk to a Lawyer	FAQs

Start Here: What You Need to Know to Check Eligibility

Before you can reliably determine Clean Slate eligibility, you need accurate information about your cases. Many people remember the charge name but do not know the final disposition, amended charge, statute section, or whether multiple counts were handled differently. Those details matter because Clean Slate eligibility often turns on the exact record, not a general description of what happened.

• All charges in the case: not just the main charge you remember.
• Final disposition language: dismissed, nolle prosequi, acquitted, amended, deferred, convicted, or another outcome.
• Offense level and statute: misdemeanor, felony, traffic infraction, or specific Code section when available.
• Important dates: offense date, disposition date, conviction date, and completion of sentence or probation if applicable.
• Your full record history: other cases can affect eligibility, timing, or whether a petition is required.

The safest approach is to gather the court record and confirm the final disposition for each count. Clean Slate can create meaningful record relief, but eligibility is not automatic for every person or every record.

Common Eligibility Paths Under Clean Slate

Clean Slate is designed to seal certain categories of records, including many non-convictions and select conviction categories. The exact rules depend on statutory requirements, waiting periods, record history, and implementation procedures. Treat this as a practical overview, not a guarantee.

Non-Convictions: Dismissals, Acquittals, and Certain Other Outcomes

Many people seeking record relief have cases that did not result in a conviction. Clean Slate includes pathways aimed at sealing certain non-convictions, but the disposition wording matters. “Dismissed” can mean different things depending on how the court recorded it and whether the record involves multiple charges or related cases.

• Dismissed or withdrawn charges, depending on disposition details
• Acquittals
• Nolle prosequi or other non-conviction outcomes, depending on the record
• Some traffic or criminal records that fall into automatic sealing categories

Convictions: Category-Dependent Eligibility

Some conviction categories may qualify for sealing under Clean Slate, but eligibility is more sensitive when the record includes a conviction. The specific offense, statute, waiting period, later record history, and statutory exclusions are critical. If you have multiple convictions, the question is often not “Do I qualify?” but “Which specific records, if any, qualify, and by what process?”

• Certain misdemeanors may qualify, depending on category, timing, and record history.
• Some felony categories may be eligible only in limited circumstances.
• Excluded offenses or later disqualifying history may prevent sealing.
• Some records may require a petition even if they are potentially eligible.

Clean Slate and Record Relief Resources

Clean Slate eligibility is easier to understand when it is viewed as part of Virginia’s broader record-relief framework. Clean Slate relates mostly to record sealing, while expungement remains a separate remedy that may apply to certain dismissed charges, acquittals, nolle prosequi dispositions, and other qualifying records.

• Virginia Record Relief Guide
• Virginia Clean Slate Guide
• Virginia Record Sealing Guide
• Virginia Expungement Guide
• Automatic vs. Petition-Based Record Sealing

Will It Be Automatic or Do You Need a Petition?

One of the most common eligibility questions is really a process question: does Clean Slate happen automatically, or do you need to file something in court? The answer depends on the category of the record and how that category is handled under Virginia’s record-sealing framework.

• Automatic sealing: some records are expected to seal automatically once eligibility conditions are met, but not necessarily instantly.
• Petition sealing: other situations require a person to file paperwork and prove eligibility in the appropriate court.
• Automatic petition sealing: some records may require a petition if an otherwise eligible record is not sealed through the automatic process.

If you want a deeper explanation of how the two main pathways differ, see our guide on Clean Slate automatic sealing vs. petition sealing.

Common Exclusions and “Why I Might Not Qualify” Issues

Clean Slate eligibility is not universal. Some records are excluded, and other records can be delayed or complicated by factors that people do not realize matter until they review the full record. The most common issues include excluded offense categories, mismatched disposition records, multiple-case complications, and incomplete or inaccurate court information.

• Excluded offense categories: certain serious offenses may not be eligible.
• Disposition mismatch: the final outcome may not match what you remember or may be recorded differently.
• Multiple-case complications: eligibility and timing can depend on your full record history.
• Outstanding obligations: if a case is still open in some way, sealing may not be available yet.
• Later record history: later convictions or reportable events may affect timing or eligibility.

Because exclusions and timing rules can be technical, it is risky to rely on a quick label like “old misdemeanor” or “dismissed case.” The better approach is to review the actual record and then match it to the correct eligibility pathway.

What to Gather for an Eligibility Review

If you want a reliable answer, gather what you can now. Even partial information helps, but the more complete the record summary, the more precise the eligibility review can be.

• Case numbers, courts, and jurisdictions
• Charge list and statute sections, if available
• Final disposition for each charge
• Disposition dates, conviction dates, and completion dates, if applicable
• Proof of completion of any sentence, probation, or deferred disposition terms
• Any background-check report showing the record
• Information about other cases on your record

This information helps determine whether the record may qualify for automatic sealing, petition sealing, expungement, correction, or another record-relief option. It also helps avoid wasted time caused by incomplete case numbers, unclear dispositions, or records that do not match what appears on a background check.

Talk to a Virginia Clean Slate Lawyer About Eligibility

If you want a record-specific eligibility answer, the fastest approach is a targeted review of your charges, dispositions, case history, and record documents. Riley & Wells can help determine whether your situation may involve automatic sealing, petition-based sealing, expungement, or another record-relief option. Visit our Virginia Clean Slate lawyer page to request a confidential record-sealing review and get clear next steps. You may also want to review our Virginia record sealing lawyer page if your main question is how to seal a criminal record in Virginia.

Clean Slate Eligibility FAQs

Does dismissed automatically mean my record will be sealed?

Not always. Dismissed charges can be recorded in different ways, and the disposition language can affect eligibility and timing. A record review helps confirm how the court recorded the outcome and what sealing or expungement pathway may apply.

If I have multiple cases, can that affect eligibility?

Yes. Eligibility and timing can depend on your overall record history, not one case in isolation. Multiple cases, later convictions, mixed dispositions, or unresolved matters can affect whether a record qualifies and whether sealing is automatic or petition-based.

Will my record be sealed immediately on July 1, 2026 if I qualify?

Not necessarily. July 1, 2026 is the scheduled effective date for Virginia’s Clean Slate framework, but implementation and processing can take time. Even for eligible records, when a background check reflects sealing may depend on court processing, agency updates, and private database updates.

How do I know whether my situation is automatic sealing or petition sealing?

It depends on the category of the record and how it is handled under the Clean Slate framework. A review of your charges, dispositions, dates, and record history is usually the fastest way to determine whether the record may be handled automatically or whether a petition may be required.

What records may not qualify for Clean Slate sealing?

Some records may be excluded based on the offense category, final disposition, criminal history, waiting period, or other statutory criteria. Serious offenses, later disqualifying history, or unresolved case issues may prevent sealing or require additional review.

What is the fastest way to get a Clean Slate eligibility answer?

Gather the court name, case number, charge information, final disposition, important dates, and any background-check report showing the record. If you have paperwork, provide it. If not, start with the court, charge, and approximate case date so the record can be reviewed.

2/22/2026 | 5/3/2026