Virginia Clean Slate Law: Automatic Sealing (2026)

Virginia sealing law: 2021 Acts Sp. Sess. I, cc. 524 and 542, amended by 2023 Acts cc. 554/555 and 2025 Acts cc. 634/671 (SB 1466/HB 2723); Va. Code §§ 19.2-392.5 through 19.2-392.17

Last updated: 2026-10-12 (official sources checked)Partly operating

Quick Answer

Virginia's sealing law took effect July 1, 2026. Some records are now sealed without a petition: misdemeanor acquittals and dismissals with prejudice at the end of the case, old marijuana possession records under former § 18.2-250.1, and certain earlier non-convictions. For seven listed misdemeanor convictions — petit larceny, shoplifting, trespass, misdemeanor marijuana distribution and disorderly conduct — automatic sealing applies 7 years after conviction if there is no new reportable conviction.

The State Police had until October 1, 2026 to send its first list of eligible convictions, and no official notice yet confirms how many have been sealed. You will not be notified, so request your State Police record to check. No felony and no DUI is sealed automatically; eligible felonies and other misdemeanors need a court petition.

Is it operating yet?

As of October 12, 2026: the sealing statutes have been in effect since July 1, 2026, including sealing at case conclusion, sealing of former marijuana possession records without a court order, and both petition routes. For automatic sealing of listed misdemeanor convictions, the 2025 acts gave the State Police until October 1, 2026 to send its first list of eligible convictions. After that, the State Police, the Supreme Court's Executive Secretary and circuit court clerks must run the process at least monthly. In December 2025 the State Police reported it had ended its vendor contract and was building an internal system, and said it was on track to meet the July and October 2026 mandates. No official notice was found confirming that the first conviction list was sent or how many records have been sealed so far. Previously concluded misdemeanor non-convictions are reviewed at least annually.

Sources: Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 2, Sealing Defined; Slide 9, Automatic – Possession of Marijuana; Slide 10, Automatic – Misdemeanor Non-Convictions at Case Conclusion); Virginia State Crime Commission: Sealing of Criminal Records Update (January 2026, PDF) (Page 2, footnote 2; Page 3, Sealing is on Schedule for Implementation on July 1, 2026); Code of Virginia § 19.2-392.7 (law.lis.virginia.gov) (§ 19.2-392.7(A); § 19.2-392.7(D)); Virginia State Police: Progress on Automated Sealing (Dec. 2, 2025 presentation to the Crime Commission, PDF) (Slide: Status of Budget); Code of Virginia § 19.2-392.11 (law.lis.virginia.gov) (§ 19.2-392.11(A))

The law

First enacted in 2021 (Special Session I, chapters 524 and 542). After delays, the law was amended in 2023 (chapters 554/555) and 2025 (chapters 634/671, SB 1466 and HB 2723), and took effect July 1, 2026. A 2026 Special Session I amendment (chapter 1) changes the automatic-sealing list to refer to "former" § 18.2-248.1 effective July 1, 2027.

Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (History line at end of § 19.2-392.6; § 19.2-392.6(A) (Effective July 1, 2027)); Virginia State Crime Commission: Sealing of Criminal Records (Sealing of Criminal Records Begins on July 1, 2026); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 2, Sealing Defined)

What automatic sealing does

Sealing. Public access to the records held by the CCRE, the courts, local law enforcement and DMV is prohibited. In general, the person may deny or not disclose the sealed arrest, charge or conviction to Virginia state and local agencies and to private employers in Virginia. The records are not destroyed: they can still be shared for the purposes listed in § 19.2-392.13 and among government agencies. Sealing does not restore civil or firearm rights and does not cancel fines, costs or restitution.

Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(A)); Code of Virginia § 19.2-392.7 (law.lis.virginia.gov) (§ 19.2-392.7(A)); Code of Virginia § 19.2-392.6:1 (law.lis.virginia.gov) (§ 19.2-392.6:1(A)); Code of Virginia § 19.2-392.8 (law.lis.virginia.gov) (§ 19.2-392.8(A)); Code of Virginia § 19.2-392.11 (law.lis.virginia.gov) (§ 19.2-392.11(A)); Code of Virginia § 19.2-392.17 (law.lis.virginia.gov) (§ 19.2-392.17(A))

Records covered and waiting periods

Listed misdemeanor convictions: petit larceny (§ 18.2-96), concealment/shoplifting (§ 18.2-103), trespass (§§ 18.2-119, 18.2-120, 18.2-134), misdemeanor marijuana distribution (§ 18.2-248.1), disorderly conduct (§ 18.2-415)

Waiting period: 7 years from the date of conviction
Conditions: Offense date on or after January 1, 1986. No conviction for a CCRE-reportable Virginia offense, or for any offense in another state, D.C. or federal court (traffic infractions excluded), during the 7 years. No conviction on the same date for an offense not eligible for automatic sealing. Fines, costs and restitution do not have to be paid first, though they remain owed.

Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(A); § 19.2-392.6(A) (Effective until July 1, 2027); § 19.2-392.6(B); § 19.2-392.6(C)); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 8, Automatic – Misdemeanor Convictions); Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(F))

Possession of marijuana under former § 18.2-250.1 (criminal or civil, any disposition)

Waiting period: None
Conditions: Sealed without a court order by the CCRE, courts, law enforcement and DMV. Does not cover possession under current § 4.1-1100. DMV does not seal where federal retention or program rules forbid it.

Sources: Code of Virginia § 19.2-392.6:1 (law.lis.virginia.gov) (§ 19.2-392.6:1(A); § 19.2-392.6:1(B)); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 9, Automatic – Possession of Marijuana); Virginia State Crime Commission: Sealing FAQs (Automatic sealing: What possession of marijuana offenses are eligible for automatic sealing?)

Misdemeanor acquittals and dismissals with prejudice (cases concluding on or after July 1, 2026); felony acquittals and dismissals with prejudice on request

Waiting period: None; ordered at case conclusion
Conditions: Misdemeanors: sealed unless the person objects. Felonies: the person must orally request sealing immediately upon the acquittal or dismissal, and the Commonwealth's Attorney must concur.

Sources: Code of Virginia § 19.2-392.8 (law.lis.virginia.gov) (§ 19.2-392.8(A); § 19.2-392.8(B)); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 10, Automatic – Misdemeanor Non-Convictions at Case Conclusion)

Previously concluded misdemeanor acquittals, nolle prosequis and dismissals (not deferred dismissals)

Waiting period: No CCRE-reportable arrests or charges in the past 3 years
Conditions: Offense date on or after January 1, 1986. The criminal history has no CCRE-reportable convictions (sealed offenses do not count). The State Police review runs at least annually.

Source: Code of Virginia § 19.2-392.11 (law.lis.virginia.gov) (§ 19.2-392.11(A))

Non-criminal traffic infractions

Waiting period: 11 years from the date of final disposition
Conditions: Offense date on or after January 1, 1986. Not sealed where federal or state law prohibits it.

Source: Code of Virginia § 19.2-392.17 (law.lis.virginia.gov) (§ 19.2-392.17(A))

Not cleared automatically

No felony conviction, DUI, or misdemeanor outside the seven listed offenses is sealed automatically. Those require a petition under § 19.2-392.12 if eligible at all.
Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(A) (Effective until July 1, 2027); § 19.2-392.6(D)); Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(L)(1))
Deferred dismissals of the listed offenses, underage alcohol and drug-paraphernalia offenses, and ancillary matters (probation violations, failure to appear, contempt, bond appeals) cannot be identified electronically. They must be sealed through the § 19.2-392.12:1 petition.
Sources: Virginia State Police: Sealing of Criminal Records (FAQ: What is the main difference between petition sealing and automatic petition sealing?); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(B))
The State Police may leave an offense off the automatic list if electronic review cannot determine eligibility, or if the record shows a charge in another state, D.C. or federal court during the 7-year period.
Source: Code of Virginia § 19.2-392.7 (law.lis.virginia.gov) (§ 19.2-392.7(B))
Offenses never reported to the CCRE (for example, no fingerprints taken, or a clerical or transmission error) will not be sealed automatically.
Source: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: Are there any reasons why a misdemeanor conviction ... might not be automatically sealed?)
An automatic sealing entered contrary to law can be voided on motion within two years of the order.
Source: Code of Virginia § 19.2-392.7 (law.lis.virginia.gov) (§ 19.2-392.7(G))

How to check whether your record was cleared

Do not expect a notice. People generally are not told when an offense is automatically sealed, unless they are present when a case-conclusion sealing order is entered.
Source: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: Will a person be notified if an offense is automatically sealed?)
Request your criminal history record from the Virginia State Police. VSP marks sealed offenses with an indicator. The State Police said the existing personal request process stays the same: form SP-167, which must be notarized. VSP charges a fee on all background checks.
Sources: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: How can a person find out if an offense was automatically sealed?); Virginia State Police: Progress on Automated Sealing (Dec. 2, 2025 presentation to the Crime Commission, PDF) (Slide: Sealing Petition Portal); Virginia State Police: Criminal Record Checks (Virginia Criminal History Record Check; FAQ: I am in prison and need my criminal history. Can you waive the fee for this?)
Ask the clerk of the court that disposed of the case whether it has been sealed.
Source: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: How can a person find out if an offense was automatically sealed?)
A case missing from the Online Case Information System may have been sealed, or it may have been destroyed under court record-retention rules. Destroyed (unsealed) records can still appear on background checks, so confirm with VSP or the clerk.
Source: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: How can a person find out if an offense was automatically sealed?)

Who can still see a cleared record

Firearm-purchase eligibility checks (including NICS) can still see sealed records.
Source: Code of Virginia § 19.2-392.13 (law.lis.virginia.gov) (§ 19.2-392.13(C)(i))
Employers can still see or ask about sealed records for State Police or police/sheriff jobs, where Virginia or federal law requires the inquiry, or for national-security positions.
Sources: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(E); § 19.2-392.5(E)(2)-(3)); Code of Virginia § 19.2-392.13 (law.lis.virginia.gov) (§ 19.2-392.13(C)(ix))
Virginia government agencies can share sealed records among themselves, and with federal agencies, to perform duties required by state or federal law. The federal government (FBI) records are not covered by Virginia sealing.
Sources: Code of Virginia § 19.2-392.13 (law.lis.virginia.gov) (§ 19.2-392.13(C1)); Virginia State Crime Commission: Sealing FAQs (General sealing: What is sealing?)
Sealed offenses must be disclosed in pretrial and sentencing reports, are considered at sentencing and bail, and may be used in child custody proceedings.
Source: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(H); § 19.2-392.5(G))
Virginia's disclosure protections apply only to Virginia government and private entities. A person may have to disclose a sealed offense to another state, the federal government or an employer outside Virginia.
Source: Virginia State Crime Commission: Sealing FAQs (General sealing: Does a person whose record was sealed need to disclose the sealed offense?)
In total, the Code lists 28 permitted uses of sealed records, many involving employment, criminal justice and court proceedings.
Source: Virginia State Crime Commission: Sealing FAQs (General sealing: Can a criminal record be used or shared after it has been sealed?)

If automatic relief does not cover your record

If an eligible listed misdemeanor was not sealed automatically, or the record is a deferred dismissal, underage alcohol, paraphernalia or ancillary matter, file form CC-1203 under § 19.2-392.12:1 in the circuit court where the case was disposed of. There is no filing fee and no lifetime limit, and the court must grant it if 7 years have passed with no new reportable conviction and no ineligible offense was finalized on the same date. Other eligible misdemeanors, Class 5/6 felonies and larceny felonies use form CC-1201 under § 19.2-392.12, which has stricter findings and a two-petition lifetime limit.

Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(D)); Virginia State Crime Commission: Sealing FAQs (Automatic sealing: Are there any reasons why a misdemeanor conviction ... might not be automatically sealed?); Virginia Judicial System: Criminal Sealing Petitions and Motion forms (Form list); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(I); § 19.2-392.12:1(D); § 19.2-392.12:1(C); § 19.2-392.12:1(E)); Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(C))

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Official links

Frequently Asked Questions

Will I be told when my record is automatically sealed?

Generally, no. Virginia does not notify people when an offense is automatically sealed, except when the person is in court as a case-conclusion sealing order is entered. Check by requesting your criminal history from the State Police (sealed offenses carry an indicator) or by asking the court clerk.

Source: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: Will a person be notified if an offense is automatically sealed?; Automatic sealing: How can a person find out if an offense was automatically sealed?)

Do I have to pay off fines or restitution before automatic sealing?

No. Payment is not a condition of automatic sealing. Sealing does not cancel the debt, though: fines, costs and restitution remain owed. Full restitution is a condition of the separate § 19.2-392.12 petition.

Sources: Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 8, Automatic – Misdemeanor Convictions); Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(F)); Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(F)(4))

My petit larceny conviction is over 7 years old but still shows up. What can I do?

First confirm it has not been sealed, and check whether you have a later reportable conviction or an ineligible conviction from the same date. If it qualifies but was missed (for example, because it never reached the CCRE), you can file form CC-1203 under § 19.2-392.12:1. There is no court fee and no lifetime limit on grants.

Sources: Virginia State Crime Commission: Sealing FAQs (Automatic sealing: Are there any reasons why a misdemeanor conviction ... might not be automatically sealed?); Virginia Judicial System: Criminal Sealing Petitions and Motion forms (Form list); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(C); § 19.2-392.12:1(E))

Are felonies or DUIs sealed automatically?

No. Automatic conviction sealing covers only the seven listed misdemeanors. Class 5 and 6 felonies and larceny felonies can be petitioned under § 19.2-392.12 after 10 years. DUI (§ 18.2-266) and test refusal are not eligible for sealing at all.

Sources: Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(A) (Effective until July 1, 2027)); Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(A); § 19.2-392.12(F)(2); § 19.2-392.12(L)(1))

Can employers still see a sealed record?

Most Virginia employers cannot, and you may generally decline to disclose a sealed offense to Virginia employers and agencies. Exceptions include police and State Police jobs, positions where Virginia or federal law requires the inquiry, and national-security positions. These protections do not bind employers or governments outside Virginia.

Sources: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(D); § 19.2-392.5(E); § 19.2-392.5(E)(2)-(3)); Virginia State Crime Commission: Sealing FAQs (General sealing: Does a person whose record was sealed need to disclose the sealed offense?)

Does sealing restore my gun rights or voting rights?

No. Sealing does not restore civil rights or the right to possess a firearm. Civil rights restoration goes through the Governor, followed by a separate firearm-rights process.

Sources: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(K)); Virginia State Crime Commission: Sealing FAQs (General sealing: Does sealing restore a person’s civil rights or right to possess a firearm?)

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.