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Virginia Record Sealing Topics

What Record Sealing Means	Sealing vs. Expungement
Ways Records Are Sealed	Petition Eligibility
Waiting Periods	Manifest Injustice
Petition Process	Multiple Charges and Petitions
Effect of Sealing	FAQs

Related Virginia Record Relief Services

• Virginia Expungement Lawyer
• Virginia Clean Slate Lawyer
• Virginia Firearm Rights Restoration Lawyer
• Virginia Criminal Defense Lawyer

What Record Sealing Means in Virginia

Under Virginia law, sealing generally means prohibiting ordinary public access to records relating to an arrest, charge, conviction, or eligible ancillary matter. Sealing can apply to records held by the Central Criminal Records Exchange, Virginia courts, law-enforcement agencies, and, when permitted by applicable law, the Department of Motor Vehicles. Sealing does not erase history or destroy every reference to a case. Instead, it removes eligible records from ordinary public access and limits when those records may be disseminated. Virginia law continues to permit access and disclosure for certain specifically authorized purposes. A person whose record has been sealed can generally deny or decline to disclose the arrest, charge, or conviction to most Virginia state and local government agencies and private employers. Exceptions may apply to law-enforcement employment, positions subject to federal disclosure requirements, national-security work, child-custody proceedings, criminal proceedings, and other situations identified by statute. For additional information about the effect of sealing, review Virginia Code § 19.2-392.5.

Record Sealing vs. Expungement in Virginia

Expungement and record sealing are related forms of record relief, but they are not interchangeable.

Traditional Virginia expungement generally applies when an eligible criminal charge did not result in a conviction. Common examples include certain acquittals, dismissals, and nolle prosequi dispositions. Expungement may remove eligible police and court records through a separate process governed by Virginia’s expungement statutes.

Record sealing can apply more broadly to certain eligible convictions, deferred dismissals, non-convictions, and associated records. Some records may be sealed automatically, while others require a petition and an order from the appropriate Circuit Court.

The fact that a charge was dismissed does not, by itself, determine which remedy applies. A dismissal following a finding that the evidence was sufficient for guilt may be treated differently from a dismissal entered without such a finding. The exact disposition language must be reviewed before deciding whether to pursue expungement, sealing, or another procedure.

How Criminal Records Are Sealed in Virginia

Virginia’s record-sealing framework includes several different procedures. Determining the correct procedure is an important part of the case review.

Automatic sealing of certain eligible records

Some specifically identified convictions and non-convictions may be sealed through an automatic process when all statutory conditions are met. Automatic sealing does not mean that every misdemeanor or every dismissed charge will disappear immediately. Eligibility depends on the offense, disposition, offense date, criminal history, waiting period, and whether the required records exist in the systems used to carry out automatic sealing.

Petition-based sealing under Virginia Code § 19.2-392.12

A person may be able to petition the Circuit Court to seal certain eligible misdemeanor convictions, Class 5 or Class 6 felony convictions, felony larceny convictions punishable under Virginia Code § 18.2-95, and deferred-and-dismissed versions of eligible offenses. The offense date generally must be on or after January 1, 1986.

This procedure includes criminal-history requirements, waiting periods, statutory exclusions, a manifest-injustice standard, and a lifetime limit on the number of petitions that may be granted.

Petitions related to automatic-sealing categories under § 19.2-392.12:1

Virginia law also provides a separate petition procedure for certain specified charges and convictions associated with the automatic-sealing statutes and for certain ancillary matters connected to records that have already been sealed.

Petitions under § 19.2-392.12:1 are not subject to the two-petition lifetime limit that applies to petitions granted under § 19.2-392.12. Virginia law also provides that a petitioner is not required to pay court fees or costs for filing a petition under § 19.2-392.12:1.

Detailed information about the different sealing categories is available in our Virginia record sealing guide and Virginia Clean Slate guide.

Who May Qualify to Petition for Record Sealing

Virginia Code § 19.2-392.12 permits petitions involving certain:

• Misdemeanor convictions;
• Charges that were deferred and dismissed;
• Class 5 felony convictions;
• Class 6 felony convictions;
• Felony larceny convictions under Virginia Code § 18.2-95; and
• Other felony convictions in which the person was deemed guilty of larceny and punished under § 18.2-95.

The offense date generally must be on or after January 1, 1986. Being within one of these broad categories does not automatically establish eligibility. The statute contains substantial criminal-history restrictions and a lengthy list of offenses that cannot be sealed under this particular petition procedure.

Examples of categories that may be ineligible include:

• DUI and certain related driving offenses;
• Assault and battery against a family or household member;
• Any offense where the victim was a family or household member;
• Sex offenses and offenses requiring sex-offender registration;
• Violent felonies;
• Certain firearm-related felonies;
• Protective-order violations;
• Hate crimes;
• Certain animal-cruelty offenses;
• Certain prostitution, obscenity, and child-related offenses; and
• Attempts, conspiracies, solicitations, or accessory offenses connected to an ineligible offense.

This is not a complete list. Eligibility should be determined from the exact Virginia Code section, offense date, final disposition, sentencing event, victim relationship, and the petitioner’s complete criminal history. Review the complete statutory requirements and exclusions in Virginia Code § 19.2-392.12.

Virginia Record Sealing Waiting Periods

For a petition filed under Virginia Code § 19.2-392.12, the petitioner generally must remain free from a new reportable criminal conviction for:

• Seven years for an eligible misdemeanor offense; or
• Ten years for an eligible felony offense.

The waiting period does not necessarily begin on the original conviction date. Virginia law measures the period from the latest applicable event, which may include:

• The dismissal of a deferred charge;
• The date of conviction;
• Release from incarceration;
• A finding that the person violated probation, parole, or a suspended sentence; or
• Release from incarceration following such a violation.

The waiting-period calculation can therefore be different from what appears on the front page of a court record. Probation violations, suspended-sentence violations, incarceration dates, and later convictions must be reviewed before a petition is filed.

Petitions under § 19.2-392.12:1 generally apply a seven-year period measured from the conviction or dismissal of the specified deferred charge, together with a requirement that the petitioner have no new reportable criminal conviction during that period.

Manifest Injustice in Virginia Record Sealing Cases

For petitions under Virginia Code § 19.2-392.12, the Circuit Court must find that the continued existence and possible dissemination of the record causes or may cause circumstances constituting a manifest injustice to the petitioner.

Manifest injustice is not limited to a single type of harm. Depending on the case, the petition may address problems involving:

• Employment or advancement;
• Professional or occupational licensing;
• Housing applications;
• Education or training opportunities;
• Business opportunities;
• Volunteer positions;
• Reputation; and
• Other continuing consequences of public record access.

A persuasive petition should connect the public record to the petitioner’s actual circumstances. General statements that a criminal record is embarrassing or inconvenient may not explain the full extent of the continuing harm.

If the occurrence involved alcohol, narcotic drugs, or another self-administered intoxicant, the petitioner may also be required to demonstrate rehabilitation. Any restitution ordered in connection with the matter to be sealed must be paid in full before an order may be entered under § 19.2-392.12.

What We Review Before Filing a Record Sealing Petition

A reliable sealing analysis begins with the actual court and criminal-history records. We review:

• The original charge and Virginia Code section;
• The offense date;
• The final disposition;
• Whether the case involved a conviction or deferred dismissal;
• The date of conviction or dismissal;
• Incarceration and release dates;
• Probation, parole, and suspended-sentence violations;
• Restitution obligations;
• The relationship between the accused and any alleged victim;
• Other charges arising from the same transaction;
• The complete Virginia and national criminal history;
• Prior sealing petitions; and
• The practical harm caused by the continued public record.

A person with cases in several jurisdictions may have a mixture of eligible and ineligible records. One record may qualify for automatic sealing, another may require a petition, and another may be excluded entirely. Reviewing the complete history before filing can prevent the use of the wrong form, the wrong statute, or one of the limited petition opportunities.

How the Virginia Record Sealing Petition Process Works

The exact process depends on the statutory basis for sealing, but a petition commonly involves the following steps:

1. Identify the correct sealing statute. The first question is whether the record falls under § 19.2-392.12, § 19.2-392.12:1, an automatic-sealing provision, or another form of record relief.
2. Collect the court and criminal-history information. The petition must identify the charge, disposition, case number, relevant dates, and other required information.
3. File in the proper Circuit Court. A petition is generally filed in the Circuit Court for the city or county where the case was disposed.
4. Provide the petition to the Commonwealth’s Attorney. The Commonwealth is a party to the proceeding and may object, answer, or provide written notice that there is no objection.
5. Request the CCRE criminal-history transmission. The petitioner must request that the Central Criminal Records Exchange electronically forward the petitioner’s Virginia and national criminal history to the Circuit Court.
6. Address eligibility and supporting evidence. Depending on the petition, this may include evidence regarding waiting periods, rehabilitation, restitution, prior history, and manifest injustice.
7. Attend a hearing. The court may conduct a hearing where evidence and argument are presented in order for the Court to make a ruling. The Commonwealth Attorney will be representing the Commonwealth.
8. Complete implementation of the sealing order. After entry of an order, the clerk forwards the required electronic notification so the State Police and other record custodians can carry out the sealing process.

Multiple Charges, Sentencing Events, and the Two-Petition Limit

A petition under Virginia Code § 19.2-392.12 may request sealing of multiple eligible charges or convictions when they arose from the same transaction or occurrence. Ancillary matters connected to the eligible case may also be included when the statutory requirements are satisfied.

Charges or convictions arising from different transactions generally cannot be combined in the same § 19.2-392.12 petition. A petitioner may have only two petitions granted under that section during the petitioner’s lifetime.

The limitation applies to petitions, not necessarily to the number of eligible charges arising from a single transaction. This makes the identification and grouping of related charges important before filing.

Petitions granted under § 19.2-392.12:1 are treated differently. That section does not impose a lifetime limit on the number of petitions granted, and petitions granted under that section do not count toward the two-petition maximum under § 19.2-392.12.

Automatic Sealing Does Not Always Eliminate the Need for Review

Some records may qualify for automatic sealing without the person filing a traditional petition under § 19.2-392.12. Automatic-sealing provisions address certain specified convictions, certain non-convictions, and former marijuana-possession records.

Whether an eligible record is actually sealed can depend on:

• The offense date;
• The exact statute of conviction;
• The final disposition;
• The person’s later criminal history;
• Whether another ineligible conviction occurred on the same date;
• Whether the record was transmitted to and can be identified through the CCRE; and
• Whether an associated or ancillary matter requires a separate petition.

A person should not assume that a record has been sealed merely because the offense appears on an automatic-sealing list. The court record, online case information, and criminal-history record may need to be checked to determine what actually occurred and whether an additional petition is available.

What Happens After a Virginia Criminal Record Is Sealed

Once an eligible record is sealed, it is generally removed from ordinary public access in the systems covered by the sealing statutes. Law-enforcement agencies ordinarily respond that no record exists, while court clerks generally respond that the court record has been sealed and may be accessed only as authorized by law.

A sealed record is not destroyed for every purpose. Virginia law permits continued access, disclosure, or consideration in specifically authorized circumstances. Examples may include:

• Certain criminal investigations and proceedings;
• Bail, sentencing, and pretrial reports;
• Some law-enforcement and government employment;
• Positions subject to state or federal disclosure requirements;
• National-security employment;
• Child-custody proceedings;
• Collection of unpaid fines, costs, or restitution; and
• Other uses expressly permitted by statute.

Sealing also does not eliminate outstanding fines, costs, penalties, forfeitures, or restitution. Private background-screening companies may require time to update information previously obtained from public sources.

Why Hire a Virginia Record Sealing Lawyer

Record sealing is not simply a matter of filling in a form. A sealing lawyer can help as follows:

• Whether the charge or conviction falls within an eligible category;
• Whether a statutory exclusion applies;
• Whether the correct remedy is sealing or expungement;
• When the waiting period began and whether it has expired;
• Whether several charges can be included in one petition;
• Whether the petition counts toward the lifetime limit;
• What evidence supports manifest injustice or rehabilitation;
• Whether restitution has been paid;
• Presenting your best case before the Circuit Court

Careful preparation is particularly important because an order entered without strict compliance with the applicable procedure, or an order sealing an ineligible record, may be challenged and declared voidable within the statutory period.

Virginia Record Sealing Representation in Circuit Courts Statewide

Riley & Wells Attorneys-At-Law represents clients in record-sealing matters in Circuit Courts throughout Virginia. A petition generally must be filed in the Circuit Court for the jurisdiction where the underlying case was disposed.

Statewide representation may involve reviewing older General District Court, Juvenile and Domestic Relations District Court, or Circuit Court records; obtaining disposition information; identifying related cases; evaluating criminal-history records; preparing the petition; communicating with the Commonwealth’s Attorney; and presenting the matter to the Circuit Court.

Because eligibility is highly dependent on the particular record, an initial review should include the jurisdiction, charge, Virginia Code section, disposition, offense date, conviction or dismissal date, and information about any later criminal history.

Frequently Asked Questions About Virginia Record Sealing

Is record sealing the same as expungement in Virginia?

No. Expungement and record sealing are separate legal remedies. Expungement generally concerns eligible charges that did not result in a conviction. Record sealing may apply to certain convictions, deferred dismissals, non-convictions, and related records under Virginia’s sealing statutes.

Can a criminal conviction be sealed in Virginia?

Certain eligible misdemeanor convictions, Class 5 and Class 6 felony convictions, and qualifying felony larceny convictions may be sealed by petition when all statutory requirements are met. Some specifically identified convictions may also qualify for automatic sealing. Many offenses are excluded, so eligibility depends on the exact conviction and criminal history.

Can every misdemeanor conviction be sealed?

No. Although Virginia Code § 19.2-392.12 broadly permits petitions involving misdemeanors, the statute contains a substantial list of excluded offenses and additional criminal-history requirements. DUI, offenses involving a family or household member, and many other offenses may be ineligible under that section.

How long must I wait to petition for record sealing?

For petitions under Virginia Code § 19.2-392.12, the general waiting period is seven years for a misdemeanor and ten years for a felony. The period runs from the latest applicable event, which may include conviction, dismissal of a deferred charge, release from incarceration, or a later probation, parole, or suspended-sentence violation.

What does manifest injustice mean in a sealing case?

For a petition under § 19.2-392.12, the court must find that continued existence and possible dissemination of the record causes or may cause circumstances constituting a manifest injustice. The evidence may involve employment, licensing, housing, education, reputation, or other continuing consequences of public access to the record.

Where is a Virginia record sealing petition filed?

A record sealing petition is generally filed in the Circuit Court for the city or county where the underlying case was disposed. The petitioner must use the procedure and form that correspond to the applicable sealing statute.

Can multiple charges be included in one sealing petition?

Under Virginia Code § 19.2-392.12, multiple eligible charges or convictions may be included when they arose from the same transaction or occurrence. Charges arising from separate transactions generally require separate petitions. Ancillary matters may also be included when they meet the statutory requirements.

How many record sealing petitions can be granted?

A person may have only two petitions granted under Virginia Code § 19.2-392.12 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.

Does sealing make a criminal record unavailable for every purpose?

No. Sealing generally restricts ordinary public access, but Virginia law permits sealed records to be accessed, disclosed, or considered for certain authorized purposes, including some criminal proceedings, law-enforcement employment, child-custody matters, and other situations identified by statute.

Do I need a lawyer to file a record sealing petition?

Virginia provides court forms for record sealing petitions, but the forms do not determine whether the charge is eligible, whether an exclusion applies, when the waiting period began, how several charges should be grouped, or what evidence establishes manifest injustice. Legal representation can be particularly useful when the record is complex or the Commonwealth objects.

Request a Confidential Record Sealing Case Review

Many people know that they want relief from a criminal record but do not know whether the correct procedure is expungement, automatic sealing, or a petition to seal. The answer depends on the precise charge, final disposition, offense date, waiting period, and complete criminal history.

Riley & Wells Attorneys-At-Law represents clients in Virginia record-sealing matters statewide. To discuss whether a conviction, deferred dismissal, non-conviction, or related record may qualify, request a confidential case review.

2/15/2026 | Updated 7/15/2026