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
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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.
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
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- Pardon & ClemencyPardon & clemency in Virginia
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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)