Less than a month from now, thousands of Virginians will gain the legal right to petition to seal many felony and most misdemeanor convictions from their records, a change that advocates are calling a “game changer” for housing, employment, and civic life in the Commonwealth.
But the new law comes with significant exceptions, strict eligibility requirements, and procedural nuances that could trip up anyone who files without proper guidance. A new report by the Virginia Mercury lays out what is coming, and Attorney Jonathan Sheldon of Sheldon & Flood, PLC, urges anyone considering a petition to read the statute carefully, wait for guidance from the clerks of courts, or, better yet, consult with an experienced Virginia post-conviction attorney before filing.
Here is a complete breakdown of what this law means, who qualifies, who does not, and what steps to take next.
What Is Virginia’s New Record Sealing Law?
Virginia’s Clean Slate law goes into effect on July 1, 2026. For the first time in Virginia’s history, people with certain felony convictions will be able to petition a court to have those records sealed, meaning they will no longer appear in background checks run by employers, landlords, or licensing agencies.
This is a landmark shift. Virginia has long lagged behind other states on criminal record relief, and as Attorney Sheldon outlined in his earlier breakdown of Virginia’s record sealing and criminal record reforms, advocates have fought for years to give people a genuine second chance after they have served their time.
The law was championed by Sen. Scott Surovell (D-Fairfax), who noted that the law “effectively eliminates many barrier crimes”, such as a past cocaine charge that currently prevents people from entering medical or security career fields.
Starting October 2026, certain qualifying misdemeanors will also become eligible for automatic sealing, no petition required.
Sealing vs. Expungement: What Is the Difference?
These two terms are often confused, but they are legally distinct in Virginia:
| Sealing | Expungement | |
| What it does | Hides the record from public background checks | Permanently deletes the record |
| Who can see it | Law enforcement retains access | Record is fully removed |
| Available for | Many felonies & misdemeanors (new law) | Certain dismissed charges & specific misdemeanors |
| How it works | Petition-based (or automatic for some misdemeanors) | Separate legal petition process |
If your charge was dismissed but still appears on your record, expungement, not sealing, may be the appropriate remedy. Understanding which process applies to your specific case is one of the most important reasons to consult an attorney before filing anything.
Who Is Eligible to Petition Under the New Law?
To qualify for record sealing under Virginia’s Clean Slate law, you generally must meet the following criteria:
- For misdemeanor sealing: No new convictions within the past 7 years from your petition date
- For felony sealing: No new convictions within the past 10 years from your petition date
- The offense must not fall within the categories of excluded crimes (see below)
Certain misdemeanors, including petit larceny, trespassing, shoplifting, disorderly conduct, and marijuana distribution, will be eligible for automatic sealing by October 2026, provided the person has no new convictions within the past seven years.
Who Is NOT Eligible – The Critical Exceptions
This is where many people will be surprised. The new law has significant exclusions that disqualify a large number of Virginians:
- Class 1 and Class 2 felonies — these are Virginia’s most serious offenses, typically involving violence or carrying life sentences. Under Virginia Code § 18.2-10, Class 1 and 2 felonies include crimes punishable by life imprisonment or death. These convictions are not eligible for sealing
- Class 3 and Class 4 felonies — if you were convicted of a Class 3 or 4 felony within the past 20 years, you are not eligible to petition
- Certain other violent, sexual, or specified offenses are also excluded under the statute
The takeaway: eligibility is not simply a matter of how long ago your conviction occurred. The class and nature of the felony matters enormously, and getting it wrong means your petition will be denied, or worse, you may inadvertently alert the court to an issue you did not need to raise at all.
How the Petition Process Works
Starting July 1, 2026, eligible individuals can file a petition with their Circuit Court to request sealing. Here is what to expect:
- Determine eligibility — review your conviction class, offense type, and conviction date against the statutory requirements
- File a petition with the appropriate Virginia Circuit Court
- Court review — the court will evaluate your petition against the statutory criteria
- Sealing order issued — if approved, your record is sealed from public background check databases
One important caution flagged by Charlottesville Circuit Court Clerk Llezelle Dugger: some people may file petitions for records that will automatically seal by October 2026 anyway, potentially creating unnecessary confusion and court workload. This is exactly the kind of mistake an experienced attorney can help you avoid.
The Virginia Courts system is currently preparing guidance for clerks and petitioners, and additional instructions are expected closer to the July 1 launch date.
What a Sealed Record Can Do For Your Life
The impact of a sealed record extends far beyond simply passing a background check. According to Clean Slate Virginia advocates and lawmakers, sealing can restore:
- Employment opportunities — jobs in healthcare, security, government, and skilled trades that are currently barred by past convictions
- Housing access — landlords who currently deny applicants based on criminal records will no longer see sealed convictions
- Civic participation — volunteer work, chaperoning children’s field trips, and other community roles that are currently blocked
- Professional licensing — in fields where a past conviction currently triggers automatic disqualification
As Sheba Williams of Nolef Turns put it: “We know that people age out of crime and nobody should have to live with their record forever.” The Clean Slate law is Virginia’s recognition of that truth, that a conviction decades ago should not define a person’s entire future.
A Strong Warning: Do Not File Without Guidance
Attorney Sheldon’s message is clear and direct: do not rush to file a petition simply because the law is now available.
The statute contains complex eligibility requirements, offense-class distinctions, and procedural rules that are easy to misread. For a deeper background on how Virginia’s Clean Slate reforms came to be and what they mean for people with final convictions, read Attorney Sheldon’s comprehensive guide: New Record Sealing and Criminal Record Reforms in Virginia. Filing incorrectly, or filing for a record that would have automatically sealed anyway, can waste time, create confusion, and potentially harm your case.
Before you petition, Attorney Sheldon recommends three steps:
- Read the statute carefully — Virginia’s Clean Slate sealing statute sets out the exact eligibility criteria in detail
- Wait for guidance from clerks of court — Virginia’s circuit courts are preparing official guidance that will clarify the process and forms required
- Consult with a Virginia post-conviction attorney — an experienced attorney can review your full record, identify which convictions are eligible, and file a petition that is accurate, complete, and strategically sound
Contact Attorney Sheldon Before July 1
If you have a past felony or misdemeanor conviction in Virginia and want to understand whether the new Clean Slate law applies to your case, now is the time to act. The July 1 effective date is approaching fast, and the petitioning process requires careful preparation.
Jonathan Sheldon of Sheldon & Flood, PLC is Virginia’s leading post-conviction attorney. He handles criminal appeals, habeas corpus petitions, motions to modify sentences, and a full range of post-conviction relief matters across the Commonwealth. He is a Virginia Super Lawyer (2014–2025) and Top Attorney 2024 named by Arlington Magazine.
Also read: Are Loudoun County Judges Sentencing Too Harshly? What the Data Shows →
Call: (703) 691-8410 consultation@sfhdefense.com 10621 Jones Street, Suite 301A, Fairfax, Virginia 22030
FAQs
July 1, 2026 is the effective date. Petitions can be filed with your Virginia Circuit Court beginning on that date.
Sealing hides your record from public background checks while allowing law enforcement to retain access. Expungement permanently deletes the record and is available for certain dismissed charges and qualifying misdemeanors.
No. Class 1 and Class 2 felonies are excluded entirely. Class 3 and 4 felonies carry a 20-year waiting period. The nature and class of the offense are critical factors in determining eligibility.
If your misdemeanor falls into one of the qualifying categories, including petit larceny, trespassing, shoplifting, disorderly conduct, or marijuana distribution, and you have no new convictions within seven years, your record should seal automatically by October 2026. Filing a petition unnecessarily may cause confusion and delay.
The safest and most reliable way is to consult with a Virginia post-conviction attorney who can review your full conviction history against the statute’s requirements.
