Virginia (VA) — Expungement & Record Clearing
Virginia's sealing law took effect July 1, 2026. Some adult convictions can be sealed automatically or by petition, with different conditions. Traditional expungement under §19.2-392.2 is a separate remedy. For sealing, first distinguish the general §19.2-392.12 petition from the narrower §19.2-392.12:1 process. A case missing from public search is not proof that a sealing order exists.
Prepare questions about a record-clearing process
Last updated:
Overview
Match the exact conviction or deferred dismissal, offense date, court and later history to the appropriate statute. General petition sealing covers specified misdemeanors, Class 5/6 felonies and larceny-related felonies, with extensive exclusions and additional findings. The separate automatic-related petition has different conditions and no two-grant lifetime cap. The courts now publish distinct forms for these routes.
Official term: Sealing under Chapter 23.2; separate expungement under §19.2-392.2 — Sealing restricts access to a record; it does not destroy every copy or restore civil or firearm rights. Use the statute named on the petition and order to identify the remedy.
What can be cleared in Virginia, by record type
Checked against the statutes and official court or agency pages on . Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.
Virginia uses two different remedies. "Sealing" (Va. Code Title 19.2, Chapter 23.2, §§ 19.2-392.5 to 19.2-392.17, in effect since July 1, 2026) prohibits public access to records of an arrest, charge or conviction held by the State Police's Central Criminal Records Exchange (CCRE), the courts, local police and sheriffs, and DMV. The records still exist and can be used for listed purposes. Sealing happens either automatically by operation of law or by a circuit-court order on a petition. "Expungement" (§ 19.2-392.2) is a separate, older petition remedy limited to charges that did not end in a conviction, and expunged records can be accessed for fewer purposes than sealed records. Chapter 23.2 sealing covers adults and juveniles tried as adults in circuit court. Juvenile court records are instead destroyed ("expungement of court records") under § 16.1-306.
Sources: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(A), definition of "Sealing"; § 19.2-392.5(B)); Virginia State Crime Commission: Sealing FAQs (General sealing: Is sealing the same as expungement?); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 2, Sealing Defined); Code of Virginia § 16.1-306 (law.lis.virginia.gov) (§ 16.1-306 (section heading and subsection A))
Arrest or charge with no conviction
Generally availableSome automatic relief- Remedy
- Automatic sealing at case conclusion (Va. Code § 19.2-392.8); automatic sealing of previously concluded misdemeanor non-convictions (§ 19.2-392.11); expungement by petition (§ 19.2-392.2)
- Waiting period
- None for sealing at case conclusion or for an expungement petition. The annual automatic review of older misdemeanor non-convictions requires no reportable arrests or charges in the past three years.
When a misdemeanor charge ends in an acquittal or a dismissal with prejudice on or after July 1, 2026, the court must order it sealed at case conclusion unless the person objects. For a felony acquittal or dismissal with prejudice, the person must ask out loud right away, and the prosecutor must agree. Older misdemeanor acquittals, nolle prosequis and dismissals (not deferred dismissals) are sealed through a State Police review held at least once a year, but only if the record has no reportable convictions and no reportable arrests or charges in the past three years. Separately, anyone who was acquitted or whose charge was nolle prossed or otherwise dismissed may petition the circuit court for expungement. The court grants it on a finding of manifest injustice. A person with no prior record and a misdemeanor charge is entitled to it unless the Commonwealth shows good cause.
- Nolle prosequi and dismissal without prejudice are not sealed at case conclusion (an expungement petition or the annual review may still apply)
- Felony non-convictions are sealed at case conclusion only on the person's immediate oral request and with the prosecutor's agreement
- The annual review excludes charges that were deferred and dismissed after a finding of facts sufficient for guilt
- The annual review requires a criminal record with no reportable convictions (previously sealed offenses do not count)
- Traffic infractions are excluded from sealing at case conclusion under § 19.2-392.8(A)
Sources: Code of Virginia § 19.2-392.8 (law.lis.virginia.gov) (§ 19.2-392.8(A); § 19.2-392.8(B); § 19.2-392.8(D)); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 10, Automatic – Misdemeanor Non-Convictions at Case Conclusion); Virginia State Crime Commission: Sealing FAQs (Automatic sealing: What misdemeanor and felony non-convictions at case conclusion are eligible for automatic sealing?); Code of Virginia § 19.2-392.11 (law.lis.virginia.gov) (§ 19.2-392.11(A)); Code of Virginia § 19.2-392.2 (law.lis.virginia.gov) (§ 19.2-392.2(A) (version effective until December 1, 2026); § 19.2-392.2(F) (version effective until December 1, 2026); § 19.2-392.2(F))
Misdemeanor conviction
Generally availableSome automatic relief- Remedy
- Automatic sealing of listed misdemeanor convictions (§§ 19.2-392.6, 19.2-392.7); petition sealing (§ 19.2-392.12); petition for listed misdemeanors and related matters (§ 19.2-392.12:1)
- Waiting period
- 7 years. For automatic sealing and § 19.2-392.12:1 petitions, measured from the date of conviction or of dismissal of the deferred charge. For a § 19.2-392.12 petition, measured from the latest of dismissal of the deferred charge, conviction, release from incarceration, a related suspended-sentence/probation/parole violation finding, or release after that violation.
Seven listed misdemeanor convictions are sealed automatically 7 years after the conviction date if there is no new reportable conviction and no ineligible conviction on the same date: petit larceny, shoplifting/concealment, trespass, instigating trespass, trespass on posted property, misdemeanor marijuana distribution and disorderly conduct. The State Police's first list of these convictions was due by October 1, 2026. Most other misdemeanor convictions, and deferred dismissals, can be sealed by circuit-court petition under § 19.2-392.12 after 7 years without a new conviction. The court must make all six statutory findings, including full payment of restitution and manifest injustice, and only two such petitions can be granted in a lifetime. A separate petition under § 19.2-392.12:1 has no lifetime limit. It covers the listed misdemeanors plus underage alcohol possession (§ 4.1-305) and drug-paraphernalia sale (§ 18.2-265.3(A)), including deferred dismissals and convictions the automatic process missed.
- Offenses listed in § 19.2-392.12(L), for example DUI (§ 18.2-266), test refusal (§ 18.2-268.3), assault and battery against a family or household member (§ 18.2-57.2), protective-order violations, hate crimes, sex-offender-registry offenses
- Any offense whose victim was a family or household member
- A new reportable conviction in Virginia, another state, D.C. or federal court (traffic infractions excluded) during the waiting period
- Automatic sealing is blocked if the person was convicted on the same date of an offense not eligible for automatic sealing
- Only two § 19.2-392.12 petitions may be granted in a lifetime
- Court-ordered restitution must be paid in full before a § 19.2-392.12 petition can be granted
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 Update (January 2026, PDF) (Page 2, footnote 2); 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(F)(4); § 19.2-392.12(F)(6); +7 more); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(A) (Effective until July 1, 2027); § 19.2-392.12:1(I); § 19.2-392.12:1(E)); Virginia State Crime Commission: Sealing FAQs (Petition sealing: Are any offenses ineligible for petition sealing?; Automatic sealing: Are there any reasons why a misdemeanor conviction ... might not be automatically sealed?)
Felony conviction
Limited- Remedy
- Petition sealing (§ 19.2-392.12)
- Waiting period
- 10 years without a new reportable conviction, measured from the latest of dismissal of the deferred charge, conviction, release from incarceration, a related suspended-sentence/probation/parole violation finding, or release after that violation.
Only Class 5 and Class 6 felonies, and grand larceny (§ 18.2-95) or other felonies punished as larceny, can be sealed, and only by circuit-court petition. No felony conviction is sealed automatically. The court must find all six statutory conditions: 10 years without a new reportable conviction; never a Class 1 or 2 felony or a felony punishable by life; no Class 3 or 4 felony in the past 20 years; no other felony in the 10 years before filing; restitution paid in full; rehabilitation if alcohol or drugs were involved; and manifest injustice. A felony sealed this way must still be disclosed when determining eligibility for jury service.
- Class 1, 2, 3 and 4 felonies and most unclassified felonies (outside § 19.2-392.12(A))
- Violent felonies listed in § 17.1-805(C)
- Felonies in which the person used a firearm, unless firearm rights have been restored under § 18.2-308.2
- Sex offenses requiring registry and Article 7 (criminal sexual assault) offenses
- Hate crimes and offenses against a family or household member
- Attempt, conspiracy, solicitation or accessory liability where the completed offense would be a Class 1-4 felony or punishable by more than 10 years (larceny-type offenses excepted)
- Cases ending in not guilty by reason of insanity
Sources: Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(A); § 19.2-392.12(F)(1); § 19.2-392.12(F)(2); § 19.2-392.12(F)(3); +9 more); Virginia State Crime Commission: Sealing FAQs (Petition sealing: Are any offenses ineligible for petition sealing?); Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(J))
DUI / DWI conviction
Not available- Remedy
- None for a DUI conviction. § 18.2-266 is expressly ineligible for petition sealing (§ 19.2-392.12(L)(1)) and is not on the automatic or § 19.2-392.12:1 lists
- Waiting period
- No single period — see the conditions below
Convictions for driving while intoxicated (§ 18.2-266), driving by persons under 21 after illegally consuming alcohol (§ 18.2-266.1), unreasonable refusal of a breath or blood test (§ 18.2-268.3), and the commercial-vehicle equivalents (§§ 46.2-341.24, 46.2-341.26:3) are expressly ineligible for petition sealing. These offenses are not among the misdemeanors sealed automatically or under § 19.2-392.12:1. A DUI charge that ends without a conviction can use the non-conviction remedies (sealing at case conclusion or expungement). The Crime Commission lists reckless driving among offenses commonly eligible for petition sealing.
- § 18.2-266 (DUI/DWI)
- § 18.2-266.1 (under-21 driving after illegally consuming alcohol)
- § 18.2-268.3 (refusal of breath/blood test)
- §§ 46.2-341.24 and 46.2-341.26:3 (commercial-vehicle DUI and refusal)
Sources: Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(L); § 19.2-392.12(L)(1)); Code of Virginia § 19.2-392.6 (law.lis.virginia.gov) (§ 19.2-392.6(A) (Effective until July 1, 2027)); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(A) (Effective until July 1, 2027)); Virginia State Crime Commission: Sealing FAQs (Petition sealing: What offenses are eligible for petition sealing?); Code of Virginia § 19.2-392.2 (law.lis.virginia.gov) (§ 19.2-392.2(A) (version effective until December 1, 2026))
Drug possession conviction
Generally availableSome automatic relief- Remedy
- Petition sealing (§ 19.2-392.12); automatic sealing without a court order for former marijuana possession (§ 19.2-392.6:1)
- Waiting period
- For a § 19.2-392.12 petition: 10 years for a Schedule I/II (Class 5 felony) possession conviction, 7 years for a misdemeanor possession conviction, measured from the latest qualifying event. None for former marijuana possession (§ 18.2-250.1), which is sealed automatically.
Simple possession of a Schedule I or II drug is generally a Class 5 felony, and possession of a Schedule III to VI drug is a misdemeanor (Class 1 to Class 4). Both are within § 19.2-392.12 petition sealing (convictions or deferred dismissals), subject to the felony or misdemeanor waiting period and the other findings, including showing rehabilitation when drugs were involved. Possession of GHB or flunitrazepam is excluded. Separately, every charge or conviction for marijuana possession under former § 18.2-250.1, criminal or civil, is sealed without a court order regardless of date or outcome, as of July 1, 2026. That automatic sealing does not cover marijuana possession under the current § 4.1-1100.
- Possession of gamma hydroxybutyric acid (GHB) under § 18.2-250, and possession/distribution of flunitrazepam (§ 18.2-251.2)
- Rehabilitation must be shown when the offense involved drug or alcohol use or dependence
- Automatic marijuana sealing does not apply to possession under current § 4.1-1100
- DMV will not seal a marijuana record where federal retention or program rules forbid it
Sources: Code of Virginia § 18.2-250 (law.lis.virginia.gov) (§ 18.2-250(A)(a); § 18.2-250(A)(b); § 18.2-250(A)(c)); 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(F)(3); § 19.2-392.12(L)(9)); Virginia State Crime Commission: Sealing FAQs (Petition sealing: What offenses are eligible for petition sealing?; Automatic sealing: What possession of marijuana offenses are eligible for automatic sealing?); 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)
Juvenile record
LimitedSome automatic relief- Remedy
- Destruction ("expungement") of juvenile and domestic relations district court records (§ 16.1-306); Chapter 23.2 sealing does not apply
- Waiting period
- Automatic destruction once the person is 19 and five years have passed since the last hearing (age 29 for DMV-reportable offenses). No wait for a motion after a not-guilty finding or dismissal.
Virginia's sealing law does not apply to juvenile delinquency cases, only to juveniles tried as adults in circuit court. Instead, each year the juvenile and domestic relations district court clerk destroys a person's juvenile court records once the person has turned 19 and five years have passed since the last hearing. Records of offenses that must be reported to DMV are kept until age 29. Records of a delinquent act that would be a felony if committed by an adult are retained. A person found not guilty, or whose delinquency or traffic case was dismissed, may move to have those records destroyed, and the court grants the motion unless good cause is shown. After destruction, the law treats the violation as if it never occurred.
- Adjudications for delinquent acts that would be felonies if committed by an adult are retained
- Records of DMV-reportable offenses are kept until age 29
- Ancillary offenses to those matters are retained for the same period
Sources: Code of Virginia § 19.2-392.5 (law.lis.virginia.gov) (§ 19.2-392.5(B)); Virginia State Crime Commission: Sealing FAQs (General sealing: Does sealing apply to both adult and juvenile offenses?); Code of Virginia § 16.1-306 (law.lis.virginia.gov) (§ 16.1-306(A) (version effective until December 1, 2026); § 16.1-306(A); § 16.1-306(B); § 16.1-306(C)(1) (version effective until December 1, 2026); +2 more)
Filing and processing fees
Virginia law bars court fees or costs for filing a sealing petition under § 19.2-392.12 or § 19.2-392.12:1, and for filing an expungement petition under § 19.2-392.2. Automatic sealing requires no filing. The Crime Commission's July 2026 overview says there is no cost to file a petition or to request a criminal record for sealing. It also notes that a service fee can arise if the petition is served on the Commonwealth's Attorney rather than hand-delivered or mailed. A person moving for access to their own sealed court record pays no fee. Checking your own record with VSP on form SP-167 is a paid background check; this file does not state the amount.
Sources: Code of Virginia § 19.2-392.12 (law.lis.virginia.gov) (§ 19.2-392.12(B)); Code of Virginia § 19.2-392.12:1 (law.lis.virginia.gov) (§ 19.2-392.12:1(C)); Code of Virginia § 19.2-392.2 (law.lis.virginia.gov) (§ 19.2-392.2(A)); Virginia State Crime Commission: Sealing FAQs (Petition sealing: Are there any court fees or costs to file a sealing petition?; Petition sealing: Are there any other fees to file a sealing petition?); Virginia State Crime Commission: Sealing of Criminal Records Overview (July 2026, PDF) (Slide 16, Petition Sealing); Virginia Judicial System: Guide for Sealing Virginia Criminal Records Pursuant to Va. Code § 19.2-392.12 (CC-1201 INST, 07/26) (Step 2: File Your Petition); Code of Virginia § 19.2-392.13 (law.lis.virginia.gov) (§ 19.2-392.13(D)); 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?)
How Virginia's automatic Clean Slate relief works and how to check its status →
Routes and conditions to check
- ✓§19.2-392.12: specified misdemeanor, Class 5 or 6 felony, §18.2-95 or other covered larceny felony convictions or deferred dismissals with an offense date on or after January 1, 1986. Check all exclusions in subsection L.
- ✓The general petition requires all six findings in subsection F: specified prior-history limits, the applicable conviction-free period, rehabilitation when the record involves alcohol/drug use or dependence, full payment of ordered restitution for the subject matters, the prior-grant limit, and manifest injustice from the continued record.
- ✓Prior-history limits for the general petition include no Class 1/2 or life-punishable felony ever, no Class 3/4 felony in the past 20 years, and no other felony in the past ten years measured from filing. Do not check only the conviction being sealed.
- ✓§19.2-392.12:1 covers listed misdemeanor convictions/deferred dismissals and specified ancillary matters tied to eligible or already sealed cases. It has its own offense, same-date, timing and record requirements; it is not simply a shorter version of the general petition.
Exclusions and limits to check
- ✗The general petition's exclusions include listed DUI, domestic assault and other offenses, defined violent felonies, registration-related offenses, protective-order violations and other categories. Subsection L has 19 provisions; a short category list is not exhaustive.
- ✗The firearm-use exclusion in §19.2-392.12(L)(4) has a specific rights-restoration exception. Some animal-related exclusions also depend on a continuing condition. Do not call every listed category permanently ineligible for every possible remedy.
- ✗Two grants under §19.2-392.12 is the lifetime limit for that section. Several unrelated offenses cannot be combined merely because they were sentenced on the same day. Multiple charges in one general petition must arise from the same transaction or occurrence, with the statutory treatment of ancillary matters.
Waiting Periods
| General petition, misdemeanor — §19.2-392.12(F)(2) | Seven years without the convictions specified in the statute, measured from the latest applicable event listed below. |
| General petition, felony — §19.2-392.12(F)(2) | Ten years without the specified convictions, measured from the latest applicable event; other prior-history limits also apply. |
| Events that can start the general petition's period | Latest of deferred dismissal, conviction, release on the subject case, a related suspended-sentence/probation/parole violation finding, or release after that violation. Generic sentence completion is not an adequate substitute. |
| Listed misdemeanor under §19.2-392.12:1(A) | Seven years from conviction or deferred dismissal with the specified conviction-free condition. Same-date ineligible matters can prevent relief under this section. |
| Automatic conviction sealing under §19.2-392.6 | Listed convictions use seven years from conviction plus the statutory history and same-date conditions. This is a separate clock from the general petition. |
Step-by-Step Process
Select the statute and current form
Use CC-1201 for §19.2-392.12 and CC-1203 for §19.2-392.12:1, with the corresponding addendum if needed. The official forms directory identifies each route. A form's availability does not establish eligibility.
Prepare records and grounds
Identify each charge, conviction and ancillary matter to be sealed, dates, case numbers and court. Attach the charging document if reasonably available or explain its absence. For the general petition, address all required findings and the actual transaction/occurrence limits.
File with the circuit court and provide notice
File in the circuit court of the county or city where the case was disposed of, even if the underlying misdemeanor was in district court. Provide the petition to that jurisdiction's Commonwealth's Attorney as the statute directs. The 30-day objection period is not a promised completion time.
Request the criminal-history transmission
After filing, request CCRE to send the Virginia and national criminal-history record to the circuit court. VSP's instructions distinguish Fairfax County Circuit Court from other Virginia circuit courts. Use the guide for the court handling the petition, rather than ordering a generic employer background check.
Check the court decision and implementation
A hearing is not required in every case. Keep the order and identify all covered matters. Ask the clerk or VSP how to confirm sealing was applied. A separate case, agency record or private report may need its own correction or explanation.
Automatic sealing and the separate automatic-related petition
Sections 19.2-392.6 and 19.2-392.7 establish automatic processing for listed misdemeanor convictions, including covered petit larceny, shoplifting, trespass, misdemeanor marijuana distribution and disorderly conduct offenses. The offense must date from January 1, 1986 or later and satisfy the seven-year and same-date conditions. VSP's electronic review can miss a record that is absent or cannot be identified as eligible. The law's effective date is not proof every record was processed that day.
| Scenario | Timing and conditions |
|---|---|
| Listed misdemeanor conviction | VSP and court actors have at-least-monthly processing duties under §19.2-392.7. Verify the resulting order or record; no individual completion date is promised here. |
| An eligible record was missed, or a listed deferred dismissal/ancillary matter needs a petition | Review §19.2-392.12:1 and CC-1203. This section has no limit on grants and does not count toward §19.2-392.12's two-grant limit. |
| Non-convictions, marijuana possession and traffic infractions | Separate provisions apply. For example, felony acquittal/dismissal-with-prejudice sealing at case conclusion involves a verbal request and prosecutor concurrence; do not assume the adult-conviction process covers these records. |
Costs
- Filing fee
- No court fees or costs to file either sealing petition
- Fee waiver
- Separate any non-filing charges
- Attorney (optional)
- Obtain a quote for the actual requested work
Sections 19.2-392.12 and 19.2-392.12:1 waive court filing fees/costs. Record, copying, service or optional representation charges are separate questions. Do not substitute a guessed statewide price range for current instructions. The general petition's restitution condition is separate from filing fees.
Timeline
- With attorney
- No guaranteed completion period
- Standard
- Confirm with the circuit court
The prosecutor's 30-day objection period, court decision and record-system implementation are separate. Ask how to follow up on each step using the case number and any order.
Effects of the relief
- ✓An order under the applicable sealing statute restricts dissemination of covered records. Section 19.2-392.13 specifies VSP/court handling and the permitted uses.
- ✓VSP can include a sealing indicator on a personal criminal-history record, and the court clerk can confirm whether a case was sealed. These provide better evidence than absence from a public search alone.
Limits of the relief
- ✗Sealing does not restore civil or firearm rights. The official CC-1201 form also states that outstanding fines, costs, forfeitures and penalties remain payable.
- ✗Sealed records retain numerous access exceptions, including specified law-enforcement, firearms, government, employment and court uses. DMV sealing also remains subject to federal retention and program requirements under §19.2-392.13(H).
- ✗Sealing is not a universal instruction to answer no on every application or a guarantee that a federal or out-of-state authority treats the record the same way. Review the actual question, governing law and order.
- ✗A disappearing public case entry can reflect retention rules instead of sealing. Existing private reports, unsealed related cases and permitted-access records must be distinguished from a failure to implement the order.
Other Relief Options in Virginia
Traditional expungement — current version through November 30, 2026
Section 19.2-392.2 separately covers specified acquittals/dismissals and other situations, including identity misuse, absolute innocence pardons and specified vacated convictions. The statute displays another version effective December 1, 2026; do not apply that future text to a September petition.
Fingerprint requirements depend on the process
General sealing uses the specified CCRE transmission request. Under the currently effective §19.2-392.2, identity-misuse petitions under subsection B still require fingerprints. The statement that Virginia never requires fingerprints for any expungement petition is incorrect.
Frequently Asked Questions
- Can an adult conviction be sealed in Virginia now?
- Some can. The sealing law took effect July 1, 2026 and includes automatic and petition routes. Check the exact offense, date, history and other conditions of the applicable statute. A statewide no-convictions-allowed label is incorrect.
- Which Virginia sealing form should I use?
- The Courts publish CC-1201 for §19.2-392.12 and CC-1203 for §19.2-392.12:1, with route-specific addenda. First establish which statute covers the record. Traditional expungement is a separate process and does not use those sealing forms merely because a charge was dismissed.
- Does the seven- or ten-year general petition period start when probation ends?
- Not necessarily. Section 19.2-392.12(F)(2) uses the latest of specified dismissal, conviction, release and related violation events. The relevant period must also be free of the convictions specified in the statute. Confirm the full dated record rather than using a single completion month.
- Can I combine unrelated cases sentenced on the same date?
- That is not the general rule. Section 19.2-392.12 limits multiple charges or convictions in one petition to the same transaction or occurrence, with special treatment for ancillary matters. The narrower §19.2-392.12:1 route has different combination rules. A shared sentencing date is not enough by itself.
- Does every sealing route have a lifetime limit of two petitions?
- No. Two granted petitions is the lifetime cap under §19.2-392.12. Section 19.2-392.12:1 expressly permits unlimited grants and excludes them from that cap. The automatic route also should not be counted as a general petition merely because an order is entered.
- Must restitution be paid for the general sealing petition?
- Yes. Section 19.2-392.12(F)(4) requires full payment of court-ordered restitution for the charge, conviction or ancillary matter in the petition. That requirement is distinct from the waiver of court filing fees. Do not copy it into every other record-clearing statute.
- How do I request the record needed after filing?
- VSP publishes criminal-history request guides for petitioners, with a separate guide for Fairfax County Circuit Court and one for other circuit courts. Follow the correct instructions to have CCRE send the required record to the court; a generic personal or employer report is not a substitute for that transmission.
- My case disappeared from online search. Is that proof of sealing?
- No. The Crime Commission explains that records can also disappear because of retention rules. Ask the clerk whether the case was sealed or check VSP's criminal-history record for the sealing indicator. Keep the actual order and confirm what it covers.
- Are fingerprints never needed for Virginia expungement?
- No. The current §19.2-392.2 retains fingerprint requirements for identity-misuse petitions under subsection B. The sealing petition's CCRE request and other expungement situations use different instructions. Match the process and effective version of the law before arranging records.
Take Action — Direct Links
- Choose the correct sealing petition and addendum
Official CC-1201/CC-1203 forms grouped by statute.
- Send the required criminal-history record to the circuit court
VSP provides separate request guides for Fairfax County and other circuit courts.
- Check missed automatic relief and how to verify sealing
Crime Commission questions on missing CCRE records, public search and sealing indicators.
- Read current and future expungement provisions
Distinguish the version effective until December 1, 2026 from the later version.
Related Resources on This Site
More for your state
- Pardon & ClemencyPardon & clemency in Virginia
- ExpungementVirginia Clean Slate law — automatic sealing
- Jobs by CityFelony friendly jobs in Richmond, VA
- Jobs by StateJobs for felons in Virginia
- HousingSecond chance apartments in Richmond, VA
- Voting RightsFelon voting rights in Virginia
- Gun RightsFelon gun rights in Virginia
- DUI RecoveryDUI license recovery in Virginia
Helpful guides
- Background ChecksHow far back do background checks go?
- ToolsReentry organizations directory
- Free Legal AidFree legal aid by state
Sources
- Virginia State Crime Commission: sealing FAQs
- Virginia Code §19.2-392.12: petition-based sealing
- Virginia Courts: sealing forms by statute
- Virginia Code §19.2-392.12:1 — automatic-related petition
- Virginia Code §19.2-392.6 — listed automatic convictions
- Virginia Code §19.2-392.8 — non-conviction sealing at case conclusion
- Virginia Code §19.2-392.7 — automatic processing
- Virginia Code §19.2-392.13 — record handling and access
- Virginia Code §19.2-392.2 — expungement and effective versions
- VSP — court-specific criminal-history request guides
- Virginia Courts — CC-1201 petition (July 2026)