Virginia Record Sealing Lawyer | 1500+ Reviews
If your criminal record is holding you back, record sealing may be the most practical path forward. Virginia’s “Clean Slate” sealing framework can allow certain records to be sealed from public view when eligibility requirements are met. The key is knowing which cases qualify, how timing works, and what steps actually move the process forward. This page explains how record sealing works, what we evaluate first, and how our attorneys help clients pursue the best available record-relief outcome. If your case involves a dismissal or acquittal (not a conviction), expungement may be the better option—see our Virginia expungement attorney page.
Related Virginia Record Relief Pages
- Virginia Criminal Defense Lawyer
- Virginia Expungement Attorney
- Virginia Clean Slate Lawyer
- Virginia Firearm Rights Restoration Lawyer
- Virginia Theft and Fraud Lawyer
What Record Sealing Means in Virginia
Record sealing generally means restricting public access to eligible criminal case information so that the record is not publicly visible in the same way it would be on an open court record. Sealing is not the same as “erasing” history, and it is not the same as expungement. Instead, sealing is a record-relief tool that can reduce the everyday impact of a record on background checks, housing applications, school opportunities, and employment decisions. Whether a record can be sealed depends on the type of charge, the final disposition, time-based requirements, and whether a person has other disqualifying history. Because sealing rules can be technical and eligibility can turn on details, the most important first step is matching the correct legal path to your exact record.
Clean Slate vs. Sealing vs. Expungement
“Clean Slate” is commonly used as an umbrella term for Virginia’s newer record-relief changes, but it is important to separate the concepts. Expungement is often associated with dismissals, acquittals, and certain qualifying situations where the record can be removed from public access in a different way. Sealing generally focuses on limiting public visibility of eligible records, including some convictions and certain dispositions—when the law allows it. Which approach fits you depends on the charge type, the outcome, and the timing. Many people are told “you can’t expunge convictions,” and that can be true in many situations, but sealing can be a separate option. A careful record review is the fastest way to avoid wasting time on the wrong pathway.
Virginia Criminal Convictions Can Be Sealed Effective July 2026
Effective July 1, 2026, certain Virginia “convictions” can be now be sealed. Virginia’s new record sealing law is a big step in the state’s criminal justice system. The law allows for many misdemeanor and felony convictions to be sealed. Some convictions will be automatically sealed. Most cases will require a petition to be filed and presented to the appropriate Virginia Circuit Court Judge. Sealed convictions will no longer be visible to employers, landlords, and others who conduct background checks. This can improve opportunities for employment, housing, and other areas of life. Sealed records are still accessible in some limited circumstances, such as for background checks for firearm purchases or when hiring for police departments and other government agencies.
Petition Virginia Circuit Court To Seal A Criminal Conviction July 2026
Seal Virginia Misdemeanor Criminal Conviction
Effective July 1, 2026, most misdemeanor convictions except DUI/DWI and domestic assault that are not automatically sealed are eligible to be sealed by petitioning the Virginia Circuit Court where convicted if certain factors are met including the petitioner not having been convicted of a new crime in the seven years after conviction. There are various steps to properly petitioning the Virginia Circuit Court to seal a misdemeanor conviction. The Commonwealth Attorney is the respondent to the petition. The petition to seal a misdemeanor conviction is eventually presented to the Virginia Circuit Court Judge. Allow our top rated Virginia expungement lawyers to help you seal your Virginia misdemeanor criminal conviction.
Seal Virginia Felony Criminal Conviction
Effective July 1, 2026, Class 5 felony convictions, Class 6 felony convictions, and felony larceny convictions (but not certain DUI/DWI offenses) are eligible to be sealed by petitioning the Virginia Circuit Court where convicted if certain factors are met including the petitioner not having been convicted of a new crime in the ten years after conviction. There are various steps to properly petitioning the Virginia Circuit Court to seal certain felony convictions. The Commonwealth Attorney is the respondent to the petition. The petition to seal an eligible felony conviction is eventually presented to the Virginia Circuit Court Judge. Allow our top rated Virginia expungement lawyers to help you seal your Virginia felony criminal conviction.
Seal Virginia Deferred & Dismissed Criminal Records
A deferred disposition is when a Virginia Court withholds imposition of a sentence after a finding that the evidence is sufficient to convict and places conditions on the defendant that will ultimately dismiss the charge. If all the conditions are satisfied, then original charge may be dismissed. The criminal records of a deferred disposition that was dismissed is normally not eligible for expungement except in cases where Va. Code §19.2-298.02 (D) applies. In other cases, such records may be eligible to be sealed come July 2026. The petition to seal the criminal record is eventually presented to the Virginia Circuit Court Judge. Allow our top rated expungement lawyers to help you seal the criminal record of your deferred disposition.
NOTES:
- If the petition is to seal a conviction that involved the use or dependence on alcohol or any narcotic drug, then the Circuit Court must find that the petitioner has been rehabilitated
- A petitioner may only have two petitions to seal a conviction or deferred dismissal granted within his lifetime.
- A petitioner is eligible to seal certain criminal records provided such person has (a) never been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (b) not been convicted of a Class 3 or 4 felony within the past 20 years, and (c) not been convicted of any other felony within the past 10 years of the petition.
Automatic Sealing Of Criminal Records July 2026
Automatic Sealing Of Convictions And Deferred Dismissals
Effective July 1, 2026, misdemeanor convictions under the following nine specified Virginia Code sections will be eligible for automatic sealing :
- § 4.1-305 (underage consumption, purchase, or possession of alcohol);
- § 18.2-96 (petit larceny);
- § 18.2-103 (concealing or taking possession of merchandise);
- § 18.2-119 (trespass);
- § 18.2-120 (instigating trespass by others);
- § 18.2-134 (trespass on posted property);
- § 18.2-248.1 (sell/distribute/possess marijuana with the intent to sell/distribute);
- § 18.2-250.1 (possession of marijuana); and,
- § 18.2-415 (disorderly conduct).
Underage possession of alcohol and possession of marijuana offenses that were deferred and dismissed will also be eligible for automatic sealing. The convictions and deferred dismissals cited above will be sealed after seven years from the date of the conviction or the final dismissal, provided that the person has not been convicted of any additional offense in Virginia requiring a report to the Central Criminal Records Exchange (CCRE) or any out-of-state offense, excluding traffic infractions, during that time period.
Exceptions:
- A conviction or deferred dismissal will not be automatically sealed if the person was convicted of another offense that is ineligible for automatic sealing on the same date.
- A conviction or deferred dismissal that was not transmitted to the Central Criminal Records Exchange (CCRE) will not be automatically sealed. In order to automatically seal a criminal record, that record must have been transmitted to the CCRE.
- Possession of marijuana convictions under Virginia Code § 4.1-1100 are not eligible for automatic sealing and cannot be automatically sealed because the defendant is not fingerprinted and a report is not made to the CCRE.
Automatic Sealing Of Non-Convictions
Effective July 1, 2026, certain misdemeanor non-convictions, certain felony non-convictions and offenses resulting from mistaken identity or unauthorized use of identifying information, and traffic infractions will be eligible for automatic sealing. Misdemeanor non-convictions moving forward in time must be ordered to be sealed at the time the court enters the acquittal, nolle prosequi, or dismissal.
The Virginia court does not have to enter an order to seal a misdemeanor non-conviction if any of the following six specific circumstances are brought to the attention of the court:
(1) the charge is ancillary to another charge that resulted in a conviction;
(2) the non-conviction was reached as result of a plea agreement;
(3) another charge arising from the same facts and circumstances is pending against the person;
(4) the Commonwealth intends to reinstitute the charge or any other charge arising out of the same facts and circumstances within 3 months;
(5) the Commonwealth establishes by a preponderance of the evidence that good cause exists to deny the automatic sealing of the charge; or,
(6) the person charged with the offense objects to the automatic sealing.
Felony offenses moving forward in time that conclude in an acquittal or a dismissal with prejudice may be automatically sealed.
Following an acquittal or dismissal with prejudice, the defendant may make an oral motion for sealing, and if the Commonwealth Attorney concurs with the motion, the court must enter an order to automatically seal the offense. If the Commonwealth Attorney does not concur, the felony acquittal or dismissal with prejudice cannot be automatically sealed and the defendant will have to petition for expungement. In addition to addressing certain misdemeanor and felony non-convictions moving forward in time, the sealing legislation created a process to automatically seal certain misdemeanor non-convictions retroactively.
On at least an annual basis, the Virginia State Police must review the CCRE and identify persons with a misdemeanor non-conviction on their criminal history record who
(i) have no other criminal convictions in the CCRE on their criminal history record and
(ii) have no criminal charges in the CCRE on their criminal history record within the past three years.
If these criteria are met, then the misdemeanor non-conviction on the person’s criminal history record shall be automatically sealed.
Any offense moving forward in time that were based on mistaken identity or unauthorized use of identifying information must be ordered to be automatically sealed at the time when a nolle prosequi or dismissal order is entered.
Traffic infractions are automatically sealed after 11 years from the date of final disposition of the offense, unless such records are required to be maintained by the Virginia Department of Motor Vehicles in order to comply with federal law.
Who May Qualify for Virginia Record Sealing
Eligibility depends on several factors: what the charges were, how the case ended, how much time has passed, and whether there are other convictions that affect qualification. Some records may be eligible based on case outcome (such as certain deferred dispositions or dismissals), while others may depend on Clean Slate eligibility rules and waiting periods. Sealing analyses often require reviewing the exact court disposition language, verifying charge codes and case numbers, and checking whether prior convictions create barriers. If you have multiple cases—especially across different jurisdictions—it is common for eligibility to be mixed, meaning some cases may qualify while others do not. The best approach is to identify which items on your record cause the most harm, determine what relief is legally available, and build a plan that is realistic and efficient.
What We Do First in a Record Sealing Case
We start with a practical, record-based review. That means identifying each charge, the final disposition, and the court where it was handled—because sealing is not evaluated in the abstract. Next, we determine whether your best path is sealing, expungement, or a combination strategy that prioritizes the record items that create the biggest obstacles. We also evaluate timing and sequencing so you do not file too early or pursue a route that is not available for your situation. If your case is eligible, we focus on building a clean, well-documented filing that is organized, accurate, and tailored to the relief you are seeking. The goal is straightforward: the right legal path, filed the right way, with documentation that prevents avoidable delays.
How the Record Sealing Process Works
Record sealing typically involves preparing and filing the correct petition or request, collecting supporting documents, and following the procedure required by the court and applicable law. Depending on the category of record relief, some cases may require a hearing, while others may be resolved through a structured review process. The court will generally need to see clear documentation of the case history and that you meet the eligibility requirements. Because records and documentation are not always consistent across systems, part of effective representation is making sure the file is complete, the dispositions are correct, and any supporting materials are organized from the start. Timelines can vary based on court workload and the complexity of the record, but thorough preparation helps the case move more smoothly.
Common Issues That Can Delay or Derail Sealing
Record sealing problems often come from details that are easy to miss: unclear dispositions, missing paperwork, multiple jurisdictions, name/date-of-birth inconsistencies, or a misunderstanding about what “counts” as a conviction for eligibility purposes. Another common issue is filing before waiting periods run or before other required steps are completed. Even when a person is eligible in principle, the outcome can depend on how clearly the record and petition show eligibility and how well the request fits the statute’s requirements. That is why record sealing is less about templates and more about accurate record review, correct procedure, and a filing strategy that anticipates questions before they become delays.
How Record Sealing Can Help You Move Forward
Sealing can reduce the day-to-day impact of a record on background checks and applications, and it can help people pursue employment, housing, school, and professional opportunities with fewer barriers. Many clients pursue sealing after years of stability—work history, family responsibilities, and no new trouble—when the record no longer reflects who they are. The most important part is matching the legal option to the record, and then pursuing relief in a way that is efficient and credible. While no outcome can be promised, a structured approach gives you the best chance to pursue meaningful record relief under Virginia law. If you are comparing options, review our educational pages on sealing, clean slate, and expungement.
Virginia Record Sealing FAQs
Is record sealing the same as expungement in Virginia?
No. Expungement and sealing are different legal remedies. Which one applies depends on your case outcome, charge history, and eligibility requirements.
Can convictions ever be sealed in Virginia?
In some circumstances, Virginia’s Clean Slate framework may allow sealing for certain records when eligibility requirements are met. The exact answer depends on your record and the type of offense.
How do I know if I qualify for record sealing?
Eligibility depends on the exact charges, dispositions, time passed, and whether other history creates disqualifiers. A record-based review is the most reliable way to determine your options.
How long does the record sealing process take?
Timelines vary based on the court and the complexity of the record. Complete documentation and correct procedure can help avoid unnecessary delays.
Do I need a lawyer for record sealing?
Some people attempt filings on their own, but many benefit from counsel when records are complex, multiple jurisdictions are involved, or eligibility requires careful sequencing.
Where can I read about Clean Slate rules and record relief?
Start with our Virginia record relief page and our page on Clean Slate.
Request a Confidential Case Review
If you want to know whether your Virginia record may be eligible for sealing, the best next step is a careful review of your actual court history and final case outcomes. Riley & Wells Attorneys-At-Law represent clients in Virginia record-clearing matters and can help you evaluate whether record sealing may be available, whether expungement is the better fit, and what practical timing and next steps may apply in your situation. To discuss your specific circumstances, request a confidential case review.
2/15/2026 | Updated 3/30/2026