Virginia Drug Possession Record Sealing
Can a Virginia drug possession charge or conviction be sealed? In many cases, yes. Virginia Code § 19.2-392.12 permits petition-based sealing of eligible misdemeanor convictions, Class 5 and Class 6 felony convictions, and qualifying charges that were deferred and dismissed. Drug possession under § 18.2-250 can be a Class 5 felony or a misdemeanor depending on the controlled substance involved. Eligibility depends on the exact charge and final disposition, offense date, criminal history, waiting period, rehabilitation, and the other requirements of Virginia law.
Virginia Drug Possession Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Can a Drug Possession Conviction Be Sealed in Virginia?
Yes. Many Virginia drug possession convictions may qualify for petition-based record sealing. Virginia Code § 19.2-392.12 allows a person to petition to seal an eligible misdemeanor, Class 5 felony, or Class 6 felony conviction when the offense date was on or after January 1, 1986 and the other statutory requirements are satisfied.
Drug possession under Virginia Code § 18.2-250 can fall within those classifications. Possession of a Schedule I or Schedule II controlled substance is generally a Class 5 felony, subject to limited statutory exceptions. Possession of controlled substances in lower schedules is generally punished as a misdemeanor of varying classes.
Not every drug possession offense is eligible. Virginia’s record-sealing statute specifically excludes possession of gamma hydroxybutyric acid, commonly known as GHB, under § 18.2-250. Other drug-related offenses may also be subject to separate exclusions. The exact statute, controlled substance, final disposition, and complete criminal history should therefore be reviewed before determining eligibility.
Is Drug Possession a Felony or Misdemeanor in Virginia?
The classification of a Virginia drug possession conviction generally depends on the schedule of the controlled substance involved. The classification is important because it can determine whether the general seven-year misdemeanor or ten-year felony waiting period applies to a petition for sealing.
What About Drug Distribution or PWID?
Drug distribution and possession with intent to distribute are separate offenses from simple drug possession and can have very different record-sealing results. Some distribution and PWID convictions are eligible misdemeanors, Class 5 felonies, or Class 6 felonies, while more serious distribution convictions may not qualify for petition-based sealing. Learn more in our guide to Virginia Drug Distribution and PWID Record Sealing.
Schedule I or II Drug Possession
Possession of a Schedule I or Schedule II controlled substance under Virginia Code § 18.2-250 is generally a Class 5 felony. Because Class 5 felonies are among the felony classifications eligible for petition-based sealing under § 19.2-392.12, an otherwise eligible felony drug possession conviction may qualify for sealing.
Schedule III Drug Possession
Possession of a Schedule III controlled substance under § 18.2-250 is generally a Class 1 misdemeanor. An eligible conviction may therefore qualify for petition-based sealing under the misdemeanor provisions of § 19.2-392.12.
Schedule IV Drug Possession
Possession of a Schedule IV controlled substance is generally a Class 2 misdemeanor. An otherwise eligible conviction may qualify for petition-based sealing.
Schedule V and VI Drug Possession
Possession of a Schedule V controlled substance is generally a Class 3 misdemeanor, while possession of a Schedule VI controlled substance is generally a Class 4 misdemeanor. These offenses can also fall within the misdemeanor classifications covered by Virginia’s petition-sealing statute when the other requirements are satisfied.
Drug Possession, CCRE Records, and Criminal Background Checks
A drug possession case can create more than a court record. Felony and certain jailable misdemeanor offenses under Title 18.2 are generally reportable to the Virginia Central Criminal Records Exchange under Virginia Code § 19.2-390. As a result, a person charged with felony drug possession or a reportable misdemeanor drug possession offense may have criminal history information maintained by the CCRE in addition to the court record.
This can be important when a person is concerned about employment, professional licensing, housing, security clearances, or other criminal background checks. A public court case and a CCRE criminal history record are different records, and a reportable drug arrest can create information in both systems.
When a court enters a qualifying sealing order under § 19.2-392.12, the clerk electronically notifies the Virginia Department of State Police. State Police then seals the criminal history record information covered by the order and provides notice as required by Virginia law to other entities known to maintain or have received the record.
What About a First-Offender Drug Possession Case Under § 18.2-251?
Virginia Code § 18.2-251 provides a special first-offender procedure for certain people charged with possession of a controlled substance under § 18.2-250. When the statutory requirements are satisfied, the court may defer further proceedings without entering a judgment of guilt and place the accused on probation subject to conditions imposed by the statute and the court.
If the person successfully completes the required conditions, the court may discharge the person and dismiss the charge without an adjudication of guilt. A successful § 18.2-251 disposition is therefore different from a conviction.
The dismissal does not necessarily mean that no criminal history record exists. Section 18.2-251 specifically requires fingerprint identification information to be provided in connection with the deferred proceeding. The arrest, deferred disposition, and eventual dismissal may therefore remain reflected in criminal history and court records unless the records are later sealed as provided by law.
Virginia Code § 19.2-392.12 expressly permits a petition involving an otherwise eligible charge that was deferred and dismissed. A successful first-offender drug disposition may therefore qualify for petition-based record sealing when the applicable waiting period and other statutory requirements are satisfied.
How Long Must I Wait to Seal a Drug Possession Record?
The applicable waiting period depends in part on whether the final disposition involved a felony or misdemeanor offense.
Felony Drug Possession
The general waiting period for an eligible felony drug possession conviction or deferred and dismissed felony charge is ten years.
Misdemeanor Drug Possession
The general waiting period for an eligible misdemeanor drug possession conviction or deferred and dismissed misdemeanor charge is seven years.
The waiting period does not necessarily begin on the original arrest or conviction date. Virginia Code § 19.2-392.12 measures the period from the latest applicable event identified by the statute. Depending on the case, that may include the date of dismissal of a deferred charge, conviction, release from incarceration, a later finding of a violation of a suspended sentence, probation, or parole, or release from incarceration following such a violation.
During the applicable period, the petitioner generally cannot have another criminal conviction of the type identified by § 19.2-392.12. The person’s complete Virginia and national criminal history should therefore be reviewed when calculating eligibility.
What If a Felony Drug Possession Charge Was Reduced to a Misdemeanor?
A felony drug possession arrest does not always result in a felony conviction. Depending on the evidence, controlled substance, plea agreement, or other circumstances, a felony charge may be amended or reduced and result in a misdemeanor conviction.
When a felony drug possession arrest results in a misdemeanor conviction, the final disposition is important to the sealing analysis. An eligible misdemeanor generally has a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction.
The original felony arrest may still remain important because it may have generated corresponding CCRE criminal history information. A petition should therefore be based on a review of the original charge, amended charge, final disposition, and complete criminal history record rather than only the offense shown as the final conviction.
What If the Drug Possession Charge Was Dismissed?
A dismissed drug possession charge requires a different analysis from a drug possession conviction. A charge may have been dismissed after successful completion of a first-offender disposition under § 18.2-251, dismissed without a deferred finding, nolle prossed, or otherwise resolved without a conviction.
Depending on the exact disposition, offense date, criminal history, and other circumstances, traditional expungement or one of Virginia’s record-sealing procedures may apply. The disposition should be reviewed before determining which form of record relief is available.
A dismissal also does not necessarily mean that the arrest has disappeared from the person’s CCRE criminal history. Reportable arrests and their final dispositions may remain reflected in criminal history records until the records are expunged or sealed under an applicable provision of Virginia law.
What Other Requirements Apply to Drug Possession Record Sealing?
Completing the applicable seven-year or ten-year waiting period does not by itself establish eligibility for record sealing. Virginia Code § 19.2-392.12 requires additional findings before a court may grant a petition.
Among the requirements and issues that may affect eligibility are:
- The petitioner must never have been convicted of a Class 1 or Class 2 felony or another felony punishable by imprisonment for life;
- The petitioner must not have been convicted of a Class 3 or Class 4 felony during the 20 years before filing the petition;
- The petitioner must not have been convicted of another felony during the 10 years before filing the petition;
- The applicable seven-year misdemeanor or ten-year felony conviction-free period must have been satisfied;
- Any court-ordered restitution associated with the matter to be sealed must have been paid in full;
- The petitioner must remain within the statutory lifetime limits for petitions granted under § 19.2-392.12;
- The offense must not fall within one of the statutory exclusions from petition-based sealing;
- The petitioner must demonstrate rehabilitation when the records indicate that the occurrence involved the use of or dependence upon a narcotic drug or another intoxicant; and
- The continued existence and possible dissemination of information relating to the charge or conviction must cause or may cause circumstances constituting a manifest injustice to the petitioner.
Are Any Drug Possession Offenses Excluded From Sealing?
Yes. Virginia Code § 19.2-392.12 specifically excludes possession of gamma hydroxybutyric acid, commonly known as GHB, under § 18.2-250. The statute also excludes offenses involving the possession or distribution of flunitrazepam under § 18.2-251.2.
Those specific exclusions are one reason a person should not assume that every offense described generally as drug possession is eligible. The exact controlled substance and Virginia Code section should be confirmed before a petition is prepared.
What Happens When a Drug Possession Record Is Sealed?
A sealing order under Virginia law restricts public access to eligible criminal history record information and court records relating to the drug possession charge or conviction. When the case generated CCRE criminal history information, the sealing order can also require the covered criminal history record information to be sealed.
Sealing is different from physically destroying every record of the case. Virginia law continues to permit access to and dissemination of sealed information for specified criminal justice, law-enforcement, government, licensing, federal, national-security, and other purposes authorized by law.
For ordinary public purposes, however, sealing can substantially restrict access to records that would otherwise continue to reflect the drug arrest, conviction, deferred disposition, or other eligible criminal history information.
How Do I Petition to Seal a Drug Possession Charge or Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the drug possession case was disposed of. The petition must identify the charge or conviction, final disposition, court record, and any eligible ancillary matters the petitioner seeks to have sealed.
The petition process generally includes:
- Confirming the original drug possession charge, Virginia Code section, controlled substance, and final disposition;
- Determining whether the case resulted in a conviction, a § 18.2-251 deferred dismissal, or another disposition;
- Reviewing the petitioner’s complete Virginia and national criminal history;
- Determining whether the seven-year misdemeanor or ten-year felony waiting period applies;
- Confirming that the offense is not specifically excluded from petition-based sealing;
- Identifying related charges and ancillary matters arising from the same transaction or occurrence;
- Filing the petition in the appropriate Circuit Court;
- Providing the petition to the Commonwealth’s Attorney as required by statute;
- Requesting that the CCRE electronically forward the petitioner’s Virginia and national criminal history record to the court;
- Establishing the applicable criminal-history requirements, rehabilitation, restitution if applicable, petition limits, and manifest injustice; and
- Obtaining an order directing that the eligible criminal history information and court records be sealed.
Virginia Code § 19.2-392.12 does not require payment of court fees or costs for filing a petition under that section. When the Commonwealth’s Attorney does not object and makes the required statutory stipulations, the court may enter a sealing order without conducting a hearing.
Virginia Drug Possession Record Sealing FAQs
Can a drug possession conviction be sealed in Virginia?
Yes. Many Virginia drug possession convictions may qualify for petition-based sealing. An eligible misdemeanor, Class 5 felony, or Class 6 felony conviction may be considered under Virginia Code § 19.2-392.12 when the waiting period, criminal history, rehabilitation, and other statutory requirements are satisfied.
Can a felony drug possession conviction be sealed in Virginia?
Potentially. Possession of a Schedule I or Schedule II controlled substance under § 18.2-250 is generally a Class 5 felony. Class 5 felonies are among the felony classifications that may qualify for petition-based sealing, subject to the statutory exclusions and other eligibility requirements.
How long do I have to wait to seal a felony drug possession conviction?
The general waiting period for an eligible felony drug possession offense is ten years. The period runs from the latest applicable event identified by § 19.2-392.12 and may therefore begin later than the original conviction date.
Can a misdemeanor drug possession conviction be sealed?
Potentially. Virginia Code § 18.2-250 includes misdemeanor possession offenses involving certain controlled substance schedules. An eligible misdemeanor may qualify for petition-based sealing, generally after the applicable seven-year conviction-free period and satisfaction of the other statutory requirements.
Can a first-offender drug possession case under § 18.2-251 be sealed?
Potentially. A successful first-offender disposition under § 18.2-251 results in discharge and dismissal without an adjudication of guilt. Virginia Code § 19.2-392.12 permits petitions involving otherwise eligible charges that were deferred and dismissed when the statutory requirements are satisfied.
Does sealing a drug possession case seal the CCRE criminal record?
When a court enters a qualifying sealing order under § 19.2-392.12, the Virginia Department of State Police is notified and seals the criminal history record information covered by the order. Corresponding eligible court records are also subject to the sealing order. Sealed information remains available for certain purposes authorized by Virginia law.
Can a felony drug possession charge reduced to a misdemeanor be sealed?
Potentially. When the final conviction is a misdemeanor rather than a felony, the sealing analysis is based on the final disposition and other records associated with the case. An eligible misdemeanor generally has a seven-year waiting period rather than the ten-year period applicable to an eligible felony conviction.
Are any drug possession offenses excluded from Virginia record sealing?
Yes. Virginia Code § 19.2-392.12 specifically excludes possession of gamma hydroxybutyric acid, commonly known as GHB, under § 18.2-250 and possession or distribution of flunitrazepam under § 18.2-251.2. Other statutory exclusions can also affect eligibility depending on the offense and circumstances.
Talk to a Virginia Record Sealing Lawyer
A Virginia drug possession arrest, felony conviction, misdemeanor conviction, or first-offender deferred dismissal can leave court records and, in reportable cases, corresponding CCRE criminal history information long after the criminal case has ended. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the original drug charge, final disposition, criminal history, waiting period, first-offender status, rehabilitation, and other statutory requirements to determine whether petition-based record sealing may be available.
9/2/2026