Expungement and Record Sealing

New Record Sealing & Expungement Laws

Effective July 1, 2026

Significant updates to Virginia law go into effect on July 1, 2026, establishing a legal framework to restrict public access to certain criminal records. Please note that Record Sealing and Expungement are two distinct legal processes under Virginia law.

1. Record Sealing vs. Expungement: What is the Difference?
Expungement (Existing Law): Generally limited to non-convictions (cases that resulted in an acquittal, a nolle prosequi, a dismissal, or where identity was used in error). An expunged record is completely removed from public access.
Record Sealing (New Law Effective July 1, 2026): Applies to certain convictions and deferred dismissals for the first time in Virginia history. A sealed record still exists, but public access is strictly restricted. It will no longer appear on routine background checks for employers or landlords.

2. The Two Paths for Record Sealing
The new law separates eligible offenses into two categories: those that happen automatically and those that require you to file paperwork with the Court.

Path A: Petition-Based Sealing (Starts July 1, 2026)
Beginning July 1, 2026, individuals may file a petition with the Circuit Court to request the sealing of eligible offenses.
Eligible Offenses: Many misdemeanors, Class 5 and Class 6 felonies, and Grand Larceny convictions.
Waiting Periods: Generally, a person must have a clean record (no new convictions reportable to the Central Criminal Records Exchange) for 7 years for misdemeanors or 10 years for eligible felonies before applying.
Lifetime Limits: Individuals are restricted to sealing convictions or deferred dismissals from a maximum of two sentencing events in their lifetime.

Path B: Automatic Sealing (Phasing on October 1, 2026)
While the law officially changes on July 1, certain minor offenses are designated for automatic sealing. You do not need to file paperwork or request a court date for these. The Virginia State Police will automatically compile lists of eligible offenses and notify the courts to enter sealing orders.
Eligible Automatic Offenses: Petit larceny, shoplifting/concealment, disorderly conduct, minor trespassing offenses, and misdemeanor marijuana distribution.
Note: Due to the massive technical system upgrades required across state agencies, the automatic tracking and sealing process will officially begin processing on October 1, 2026.

3. Excluded Offenses
Not all records can be sealed. The law strictly prohibits the sealing of serious or violent offenses, including:
Class 1, 2, 3, and 4 Felonies
Violent felonies and sex crimes
DUI / Driving Under the Influence
Domestic assault and protective order violations

4. How to File a Petition (For Expungements & Petition-Based Sealing)
If your offense requires a formal request to the Court, you must follow these steps:
Obtain Forms: Standardized forms provided by the Supreme Court of Virginia (such as Form CC-1473 for Expungements and the CC-1201 series for Sealing) are available in the Clerk’s Office or online via the Virginia Judicial System website.
File Paperwork (No Filing Fees): Submit the original petition and required copies to the Clerk’s Office. Effective July 1, 2026, there are no court filing fees or clerical costs required to file an expungement or record sealing petition.

Criminal History: After establishing your case with the Court, go to the Virginia State Police portal to request your criminal history.

Important Notice: Clerk’s Office staff are legally prohibited from providing legal advice, determining your specific eligibility, or helping you fill out legal forms. Because record sealing is highly technical, it is strongly recommended that you consult with a qualified attorney or contact local Legal Aid groups for guidance before filing.