Virginia has enacted some of the most significant criminal record reforms in its history. These changes affect how certain criminal records may be sealed after a case is complete and are especially important for people who already have final convictions and are looking to file criminal appeals, as well as families trying to help a loved one move forward.
At the center of these reforms is Virginia’s Clean Slate framework, which introduces both automatic and petition-based record sealing for specific categories of cases. While the law has already been enacted, full implementation is scheduled for July 1, 2026, giving courts time to update record systems and procedures.
This article provides general legal information about record sealing under Virginia law, with a focus on how recent reforms may affect post-conviction defendants and their families. It does not provide legal advice or determine eligibility in any individual case.
What Record Sealing Means Under Virginia Law
Record sealing is a legal process that limits public access to criminal history record information and related court records. When a record is sealed, it is no longer visible through standard public court searches or most routine background checks.
It is important to be clear about what sealing does and does not do.
Record sealing:
- Restricts public access to eligible criminal records
- Reduces the ongoing impact of a criminal record on daily life
- Controls how records may be disseminated under Virginia law
Record sealing does not:
- Erase or destroy court records
- Overturn a conviction or deferred disposition
- Declare innocence
- Replace appeals or post-conviction relief
Even after sealing, certain courts, law enforcement agencies, and government entities may still access sealed records as permitted by statute.
Virginia’s Clean Slate Law and the July 1, 2026, Effective Date
Virginia’s Clean Slate reforms were enacted through legislation, including HB 2113 and SB 1466, and are codified in Virginia Code § 19.2-392.12:1 and related sections. These provisions establish expanded pathways for record sealing, including both automatic sealing and sealing by court petition.
Although the statutory framework is already in place, the effective date for full implementation is July 1, 2026. The delayed date reflects the need for statewide upgrades to court and criminal record systems so sealing can be processed accurately and consistently.
This means that while the law is enacted, not all provisions are currently operational. However, the reforms already matter for individuals planning their post-conviction options.
Automatic Sealing and Petition-Based Sealing Explained
Under Virginia’s Clean Slate framework, record sealing may occur in two primary ways.
Automatic Sealing
Certain records are designated by statute for automatic sealing under specific sections of the Virginia Code. Automatic sealing does not require the individual to file a petition, but it applies only to records that meet strict statutory criteria.
Automatic sealing is not universal and does not apply to every type of case.
Petition-Based Sealing Under § 19.2-392.12:1
Virginia Code § 19.2-392.12:1 provides a petition-based sealing process for specific charges and convictions, provided statutory conditions are met.
In general terms, the statute allows a person to file a petition to seal criminal history record information and court records related to certain offenses, including:
- Specific misdemeanor offenses identified by statute
- Certain deferred dismissals
- Related ancillary matters connected to an eligible charge or conviction
For petitions under subsection A of the statute, the court is required to order sealing if:
- Seven years have passed since the date of conviction or deferred dismissal, and
- The petitioner has not been convicted of another reportable offense during that time period, excluding traffic infractions
The statute also allows petitions related to records that were already automatically sealed under other Clean Slate provisions, as well as petitions to seal ancillary matters connected to eligible cases.
Important Procedural Safeguards in the Law
The statute includes several procedural requirements designed to protect accuracy and fairness.
Key provisions include:
- Petitions must be filed in the circuit court where the case was disposed
- The Commonwealth has been made a party to the proceeding
- The attorney for the Commonwealth has the opportunity to object or stipulate to eligibility
- Courts may hold hearings, but may also enter orders without a hearing if eligibility is stipulated
- No court fees or costs are required to file a petition under this section
- Orders entered contrary to law or procedure may be challenged within two years
These safeguards underscore why record sealing should be approached carefully and with a clear understanding of statutory requirements.
Why These Reforms Matter After a Conviction Is Final
For many people, the most significant consequences of a criminal case arise long after sentencing.
A criminal record can affect:
- Employment and background checks
- Housing opportunities
- Professional licenses
- Educational access
- Financial stability
- Family reintegration
Record sealing addresses public access to records, not the validity of the conviction itself. For individuals who are no longer eligible for appeals or post-conviction relief, sealing may be one of the few remaining legal mechanisms that can limit ongoing exposure.
This does not mean sealing is available in every case. It means recent reforms have expanded the circumstances under which sealing may be considered.
Record Sealing Is Not the Same as Expungement or Post-Conviction Relief
These processes serve different legal purposes.
- Record sealing limits public access to records
- Expungement removes records under limited circumstances, often involving non-convictions
- Post-conviction relief challenges the legality of a conviction or sentence through mechanisms such as habeas corpus
Record sealing does not correct legal errors or overturn convictions. It operates independently of post-conviction litigation.
How Record Sealing Fits Into Post-Conviction Planning
People seeking post-conviction relief often ask whether record sealing may also be available. In some cases, post-conviction remedies may be denied or time-barred, while record sealing may still be worth evaluating under current or upcoming law.
It is important to understand that:
- Filing for record sealing does not revive post-conviction deadlines
- Sealing does not replace appeals or habeas petitions
- Strategic decisions should account for how these processes interact
This is why record sealing is best viewed as part of a broader post-conviction planning discussion rather than a substitute for legal challenges.
Common Misconceptions About Clean Slate and Record Sealing
Several misunderstandings continue to circulate.
- Clean Slate does not mean all records will be sealed automatically on July 1, 2026
- Not every conviction is eligible for sealing
- Sealed records may still be accessible in limited circumstances
- Sealing does not guarantee employment, housing, or licensing approval
- Errors in filing or procedure can result in denial or delay
Clear understanding helps prevent false expectations and unnecessary risk.
When Legal Guidance Is Especially Important
Legal review is commonly sought when:
- A record involves multiple charges or jurisdictions
- Eligibility under § 19.2-392.12:1 is unclear
- Ancillary matters are involved
- Post-conviction remedies may still exist
- A prior sealing request was denied
Because orders entered contrary to law may be challenged, careful compliance with statutory requirements matters.
Key Takeaways
- Virginia has enacted major criminal record reforms through its Clean Slate framework
- Full implementation is scheduled for July 1, 2026
- Record sealing limits public access but does not overturn convictions
- Petition-based sealing under § 19.2-392.12:1 includes defined waiting periods and conditions
- Record sealing and post-conviction relief serve different purposes
- Early understanding supports informed post-conviction planning
Evidence-Based and Statutory Information
This article is based on Virginia Code § 19.2-392.12:1 and related statutory provisions governing record sealing, as enacted by the General Assembly. It is provided for general informational purposes and does not constitute legal advice.
Important Questions Answered
1. What does record sealing do under Virginia law?
Record sealing restricts public access to criminal history record information and related court records. It does not erase records, overturn convictions, or affect the validity of a final judgment.
2. When will Virginia’s Clean Slate reforms be fully implemented?
Full implementation is scheduled for July 1, 2026, following statewide upgrades to court and criminal record systems. Until then, not all statutory provisions are operational.
3. Are convictions eligible for record sealing in Virginia?
Some convictions may be eligible, but only those specifically identified by statute. Eligibility depends on offense type, statutory waiting periods, and the absence of new reportable convictions.
4. What is the difference between automatic sealing and petition-based sealing?
Automatic sealing applies only to records expressly designated by statute. Petition-based sealing under Virginia Code § 19.2-392.12:1 requires filing in circuit court and meeting defined statutory conditions.
5. What is the seven-year waiting period under § 19.2-392.12:1?
For many eligible cases, the statute requires seven years to have passed since conviction or deferred dismissal, with no additional reportable convictions during that period, excluding traffic infractions.
6. Does record sealing remove records from all background checks?
No. Sealed records are removed from public access and most routine background checks, but courts, law enforcement, and certain government entities may still access them as permitted by statute.
7. How does record sealing differ from expungement or post-conviction relief?
Record sealing limits public access to records. Expungement removes records under narrow circumstances, and post-conviction relief challenges the legality of a conviction or sentence. These remedies serve distinct legal purposes.
8. When is legal analysis especially important for record sealing?
Legal analysis is critical when eligibility is uncertain, multiple charges or jurisdictions are involved, ancillary matters exist, or a prior sealing order was denied or improperly entered.
