Virginia Expungement and Record Sealing
Virginia Expungement & Record Sealing Lawyer
A criminal record can follow you for years, affecting your job, your housing, your professional license, and even your immigration status, long after your case is over. Virginia now offers two very different tools: expungement, the traditional remedy for charges that did not end in a conviction, and record sealing, a landmark option created by Virginia’s Clean Slate law that took effect July 1, 2026. A Virginia expungement and sealing lawyer can review your full record and tell you which remedy, if any, actually fits your situation. Our attorneys also handle related post-conviction remedies across the Commonwealth.
What Is Expungement in Virginia?
Expungement removes an arrest, charge, or case from the public police and court records so it no longer appears in ordinary background checks. Under Virginia Code § 19.2-392.2, expungement has traditionally been available when a charge ended in your favor, for example an acquittal, a dismissal, or a nolle prosequi, or where you were charged under someone else’s name. If you had no prior record and the charge was a dismissed misdemeanor, the law generally favors expungement absent good cause shown by the Commonwealth. A revised version of the expungement statute takes effect December 1, 2026, so confirm the current rules before you file.
What Is Record Sealing in Virginia? (The New 2026 Clean Slate Law)
Record sealing is different from expungement, and it is new. Virginia’s Clean Slate law, in Title 19.2, Chapter 23.2 of the Code of Virginia, took effect July 1, 2026. For the first time, many Virginians with certain convictions, not just dismissed charges, can have those records sealed. Sealing does not erase the record, it restricts public access. Once sealed, a record should no longer appear when an employer, landlord, or licensing agency runs a background check, though law enforcement and certain agencies keep access. Sealing happens two ways: automatically for a limited list of offenses once a waiting period passes (for qualifying misdemeanor convictions, generally seven years with a clean record), and by petition to the circuit court for other eligible offenses. Automatic sealing is rolling out in phases as the state police and courts build the systems to identify and seal records, so not every eligible record will disappear on day one. For a fuller walk-through, see our guide to Virginia’s new record sealing law.
Expungement vs. Sealing: What Is the Difference?
| Expungement | Sealing | |
| What it does | Removes the record from public police and court files | Restricts public access to the record |
| Who can still see it | Effectively no one, once removed | Law enforcement and certain agencies retain access |
| Typically available for | Charges ending in acquittal, dismissal, or nolle prosequi | Many misdemeanor and some felony convictions (new law) |
| How it works | Petition under § 19.2-392.2 | Automatic for some offenses, by petition for others (Chapter 23.2) |
Picking the wrong remedy wastes time and can create confusion in your case. That is the most common reason to have an attorney confirm the path before you file.
Not sure whether to seal or expunge? A 30-minute review with a Virginia post-conviction attorney can save you from filing the wrong petition.
Talk to Attorney →Who Qualifies?
Eligibility depends on the exact charge, how the case ended, the offense date, and your complete criminal history. A few points are settled: Virginia’s most serious offenses, including Class 1 and Class 2 felonies, are not eligible for sealing, and certain violent, sexual, and specified offenses are excluded by statute. Beyond that, waiting periods and offense-class rules apply and differ for misdemeanors and felonies.
Because those specifics are detailed and were recently amended, we do not publish a one-size-fits-all eligibility chart. We review your record against § 19.2-392.12 and the rest of Chapter 23.2 and tell you honestly whether you qualify, and under which section. Common situations we review include first-time offender dispositions, misdemeanor convictions, DUI-related records, and older felony convictions that may now be reachable under the new law.
Find out if your record qualifies under Virginia's 2026 Clean Slate law.
Call (703) 691-8410 Schedule a ConsultationWhen You Can Handle It Yourself, and When You Should Not
We will be straight with you: some people can complete an expungement or a simple sealing petition on their own, and we would rather tell you that than sell you something you do not need. If you want to start with the basics, these resources help:
- General information and FAQs: Justice Forward Virginia Foundation
- Overview of the new law: our guide to Virginia’s new record sealing law and the background piece on record sealing and criminal record reforms in Virginia
- Petition form: the current sealing form on the Virginia Courts website
Where it stops being a do-it-yourself project is in the close calls, and those are common under a brand-new law: choosing between sealing and expungement, reading the offense-class exclusions correctly, avoiding a petition for a record that would seal automatically anyway, and making sure a denial does not put something in front of the court that you never needed to raise. A mistake here is hard to undo. If your record involves a felony, more than one charge, a DUI, or any uncertainty about eligibility, a short consultation is the cheaper path in the long run.
How a Virginia Expungement and Sealing Attorney Can Help
We:
- Review your charges, dispositions, and complete criminal history to identify which records are eligible, and under which remedy.
- Determine whether expungement, automatic sealing, or a sealing petition is the right path for each record.
- Prepare and file an accurate, complete petition in the correct circuit court.
- Advise you honestly when the smarter move is to wait for automatic sealing, or to do nothing at all.
Our office is in Fairfax, and we represent clients across Virginia, including Fairfax, Loudoun, Prince William, Richmond, Virginia Beach, and the Tidewater region. Learn more about our attorneys.
Talk to a Virginia Expungement and Sealing Attorney
Virginia Post Conviction can help you understand whether the new Clean Slate law or a traditional expungement applies to your record. Our office is in Fairfax, and we practice throughout Virginia. New client consultations are $350 for 30 minutes.
Schedule Your Consultation
$350 for 30 minutes. Serving all of Virginia from our Fairfax office.
Call (703) 691-8410Frequently Asked Questions
1. What is the difference between expungement and sealing in Virginia?
Expungement removes a record from public police and court files and has traditionally been available for charges that ended in acquittal, dismissal, or nolle prosequi. Sealing, created by the Clean Slate law effective July 1, 2026, restricts public access to certain conviction records while allowing law enforcement to retain access.
2. When did Virginia's record sealing law take effect?
The sealing framework in Title 19.2, Chapter 23.2 took effect July 1, 2026. Automatic sealing is being implemented in phases as the courts and state police build the systems to identify and seal eligible records.ad the power to enter that kind of judgment, or used a procedure it had no lawful authority to use. If the court had jurisdiction and the problem is a typical constitutional or procedural error, the judgment is usually only voidable and must be attacked through other remedies.
3. Can a felony be sealed in Virginia?
Some felonies can be sealed under the new law, but Virginia’s most serious offenses, including Class 1 and Class 2 felonies, are excluded, and other class-based and time-based rules apply. Whether a specific felony qualifies depends on the offense and your full record.
4. Do I need a lawyer to expunge or seal my record?
Not always. Many people file successfully on their own. An attorney is most valuable when it is unclear which remedy applies, when eligibility is close, or when a mistaken filing could cause problems, which is common under the new law.
5. How much does a consultation cost?
New client consultations are $350 for 30 minutes. Call (703) 691-8410 to schedule.
