Virginia (VA) — Expungement & Record Clearing
Virginia now offers two paths to clear your criminal record. Traditional expungement (Va. Code § 19.2-392.2) applies to non-convictions — dismissed charges, acquittals, and pardons — and is available now. Starting July 1, 2026, a historic new record-sealing law allows many misdemeanor convictions to be sealed after 7 crime-free years and some Class 5/6 felony convictions after 10 crime-free years. Filing fees are eliminated, and fingerprint cards are no longer required. Certain offenses — including automatic sealing of petit larceny, trespassing, disorderly conduct, and all marijuana possession records — will be processed automatically by the Virginia State Police beginning October 1, 2026. DUI, domestic assault, violent felonies, and sex offenses remain permanently ineligible. Below is the full guide with eligibility details, step-by-step process, costs, timeline, and FAQ.
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Overview
Virginia has two distinct record-relief systems. Traditional expungement (Va. Code § 19.2-392.2) applies only to non-convictions — charges that were dismissed, acquitted, nolle prossed, or pardoned. Beginning July 1, 2026, a landmark record-sealing law (HB 2113/SB 1339, as amended by SB 1466/HB 2723 in 2025) allows sealing of many misdemeanor and some felony convictions for the first time. The new law includes both automatic sealing and a petition-based process, with no court filing fees.
Official term: Expungement / Sealing — Virginia uses "expungement" for non-convictions (the record is placed in secure storage and destroyed after three years) and "sealing" for convictions (the record is hidden from public view but not destroyed). The two are governed by separate code chapters.
Who qualifies
- ✓Charges that were dismissed, acquitted, or nolle prossed (expungement, available now)
- ✓Charges dismissed after an absolute pardon from the Governor (expungement, available now)
- ✓Identity theft / mistaken identity cases (expungement, available now)
- ✓Misdemeanor convictions after 7 crime-free years (petition sealing, effective July 1, 2026)
- ✓Class 5 and Class 6 felony convictions after 10 crime-free years (petition sealing, effective July 1, 2026)
- ✓Grand larceny (§ 18.2-95) convictions after 10 crime-free years (petition sealing, effective July 1, 2026)
- ✓Deferred dismissals (first-offender programs) upon completion (sealing, effective July 1, 2026)
- ✓Petit larceny, shoplifting, trespassing, disorderly conduct, and misdemeanor marijuana distribution convictions (automatic sealing after 7 years, effective October 1, 2026)
- ✓All former marijuana possession records — convictions, deferred dismissals, and non-convictions (automatic sealing, effective July 1, 2026)
Who does not qualify
- ✗Class 1, 2, 3, or 4 felonies
- ✗Violent felonies listed under Va. Code § 17.1-805(C) — murder, robbery, rape, kidnapping, arson, etc.
- ✗Sex offenses requiring sex offender registration
- ✗DUI / DWI offenses
- ✗Domestic assault / assault against a family or household member
- ✗Crimes involving the use of a firearm during commission
- ✗Protective order violations
- ✗Hate crimes
- ✗Animal cruelty offenses
- ✗Election law violations
- ✗Offenses where petitioner has any prior Class 1 or 2 felony conviction
- ✗Offenses where petitioner has a Class 3 or 4 felony conviction within past 20 years
Waiting Periods
| Non-conviction (dismissed, acquitted, nolle prossed) | No waiting period — file immediately |
| Misdemeanor conviction (petition sealing) | 7 years from conviction or release from incarceration, whichever is later |
| Class 5/6 felony or grand larceny conviction (petition sealing) | 10 years from conviction or release from incarceration, whichever is later |
| Automatic sealing — petit larceny, trespassing, disorderly conduct, etc. | 7 years after conviction with no new convictions |
| Automatic sealing — marijuana possession records | Sealed automatically (no waiting period) |
| Automatic sealing — misdemeanor acquittals/dismissals with prejudice | Sealed immediately at case disposition |
| Traffic infractions (automatic sealing) | 11 years after disposition |
Step-by-Step Process
Determine which relief applies
Identify whether your case qualifies for expungement (non-conviction) or sealing (conviction). Conviction sealing is only available on or after July 1, 2026. Confirm the offense date is January 1, 1986 or later for sealing eligibility.
Obtain your court records
Request copies of the court records from the clerk of court in the city or county where the charge was initiated. Copies cost approximately $0.50–$1.00 per page.
Complete the petition
For expungement, use Form CC-1473 (Petition for Expungement). For conviction sealing (effective July 1, 2026), complete the sealing petition with your arrest date, arresting agency, conviction date, case number, and identifying information.
File with the circuit court
File two copies of the petition in the circuit court where the case was heard — one for the court and one to be served on the Commonwealth's Attorney. As of July 1, 2026, there are no filing fees or court costs. Fingerprint cards are no longer required.
Criminal history records check
The Virginia State Police Central Criminal Records Exchange will run a records check and send your criminal history to the court. This step typically takes 4–6 weeks.
Commonwealth's Attorney review
The Commonwealth's Attorney has 21 days to review and may support, oppose, or take no position. For uncontested misdemeanor expungements with no other charges, you are generally entitled to relief. For contested sealing petitions, you must demonstrate 'manifest injustice.'
Attend court hearing
The court schedules a hearing where both parties may present arguments. The judge considers your rehabilitation, time elapsed, and whether maintaining the record causes manifest injustice.
Receive the court order and agency compliance
If granted, the clerk forwards the order to Virginia State Police, who notify all agencies (law enforcement, courts, jails, prosecutors). Each agency has 60 days to comply. You will receive a confirmation letter from the State Police when all records are sealed or expunged.
Visual Guide
Automatic Record Sealing (HB 2113 / SB 1339, as amended)
Beginning October 1, 2026, the Virginia State Police will send monthly lists of eligible records to courts for automatic sealing — no petition or action is required from the individual. Separately, marijuana possession records are automatically sealed effective July 1, 2026, and misdemeanor acquittals/dismissals are sealed at the time the case concludes.
| Scenario | Sealed When |
|---|---|
| Misdemeanor acquittal or dismissal with prejudice (on or after July 1, 2026) | Immediately at case disposition |
| Felony acquittal or dismissal with prejudice (if defendant requests and prosecutor agrees) | Immediately at case disposition |
| Petit larceny (§ 18.2-96) or concealment/shoplifting (§ 18.2-103) | 7 years after conviction with no new convictions |
| Trespassing (§§ 18.2-119, 18.2-120, 18.2-134) | 7 years after conviction with no new convictions |
| Misdemeanor marijuana distribution (§ 18.2-248.1) | 7 years after conviction with no new convictions |
| Disorderly conduct (§ 18.2-415) | 7 years after conviction with no new convictions |
| All marijuana possession records (convictions, deferred dismissals, non-convictions) | Automatically sealed — no waiting period |
| Traffic infractions | 11 years after disposition |
Costs
- Filing fee
- No filing fees or court costs as of July 1, 2026 (previously ~$86)
- Fee waiver
- Not applicable — filing is free under the new law
- Attorney (optional)
- $500–$2,000 typical range (optional but recommended for contested cases)
The only out-of-pocket costs are court record copies (~$0.50–$1.00/page) and optional notary services for a manifest-injustice affidavit (~$5–$15). Fingerprint cards are no longer required.
Timeline
- With attorney
- 3–6 months
- Standard
- 4–9 months
After the court grants relief, Virginia State Police notify all agencies, which have 60 days to comply. Automatic sealing begins October 1, 2026, with the State Police sending monthly eligibility lists to courts.
What expungement does
- ✓Removes the record from public view — background checks will not show sealed offenses
- ✓Employers cannot require disclosure of sealed records on applications or in interviews (Va. Code § 19.2-392.15)
- ✓You can legally answer 'no' to criminal history questions for most Virginia employment and housing applications
- ✓Sealed deferred dismissals and non-convictions are treated as though the incident never occurred
- ✓Business screening services must delete sealed records upon notification or face penalties
- ✓Helps remove barriers to employment, housing, and education
What expungement does NOT do
- ✗Does NOT restore civil rights (voting, jury service) — requires separate gubernatorial action
- ✗Does NOT restore firearm rights — requires a separate restoration process
- ✗Does NOT eliminate restitution obligations — all victim restitution must be paid before sealing
- ✗Sealed records can still be accessed for 28+ authorized purposes (law enforcement, firearm checks, custody hearings, future sentencing)
- ✗Does NOT prevent disclosure to federal employers or when required by federal law
- ✗Does NOT automatically remove records from private websites that track arrests and charges
- ✗Sealed felony convictions must still be disclosed during jury selection
- ✗Lifetime limit of two petition-based sealing grants per person (automatic sealings do not count)
Other Relief Options in Virginia
Restoration of Civil Rights
The Governor can restore the right to vote, serve on a jury, run for office, and become a notary public. Available to individuals who have completed their sentence and are no longer incarcerated. Apply through restore.virginia.gov.
Simple Pardon
A statement of official forgiveness from the Governor. Does not remove the conviction but can help with employment and education. Requires 5 years free of all court conditions after conviction.
Absolute Pardon
Granted when the Governor is convinced of actual innocence. A remedy of last resort that can lead to expungement of the underlying conviction.
Frequently Asked Questions
- Can convictions be expunged or sealed in Virginia?
- Historically, Virginia did not allow expungement of convictions — only non-convictions (dismissals, acquittals, etc.) could be expunged. Starting July 1, 2026, a new record-sealing law allows many misdemeanor convictions to be sealed after 7 crime-free years and some Class 5/6 felonies after 10 crime-free years. DUI, domestic assault, violent felonies, and sex offenses remain permanently ineligible.
- How much does expungement or sealing cost in Virginia?
- As of July 1, 2026, there are no filing fees or court costs for expungement or sealing petitions. Previously, filing fees were approximately $86, plus $10–$20 for fingerprinting. The only remaining costs are court record copies (~$0.50–$1.00/page) and optional notary services. Attorney fees, if you choose to hire one, typically range from $500 to $2,000.
- What is the difference between expungement and sealing in Virginia?
- Expungement applies to non-convictions (dismissed charges, acquittals, etc.) — the record is placed in secure court storage and destroyed after three years. Sealing applies to convictions — the record is hidden from public view but not destroyed. Sealed records remain accessible for about 28 authorized purposes, including law enforcement, firearm checks, and custody hearings.
- Does Virginia have automatic record sealing?
- Yes. Beginning October 1, 2026, the Virginia State Police will automatically identify and seal eligible records on a monthly basis — no petition or action required. Automatically sealed offenses include petit larceny, shoplifting, trespassing, disorderly conduct, misdemeanor marijuana distribution (after 7 crime-free years), all marijuana possession records, and traffic infractions (after 11 years). Misdemeanor acquittals and dismissals with prejudice are sealed immediately at disposition starting July 1, 2026.
- How long does the expungement or sealing process take in Virginia?
- For petition-based relief, the process typically takes 4–6 months for straightforward cases and up to 9 months for complex or contested matters. The criminal history records check alone takes 4–6 weeks. After the court grants relief, agencies have 60 days to comply. For automatic sealing, no action is needed — the State Police will process eligible records starting October 1, 2026.
- Can a DUI or domestic assault conviction be sealed in Virginia?
- No. DUI/DWI convictions and domestic assault (assault against a family or household member) are permanently excluded from both expungement and record sealing in Virginia. Other ineligible offenses include violent felonies, sex offenses, crimes involving firearms, hate crimes, and protective order violations.
- Do I still need to disclose a sealed record in Virginia?
- Generally, no. Virginia law prohibits most employers from asking about sealed records on applications or in interviews. However, you must still disclose sealed records when applying to law enforcement agencies, when required by state or federal law, for positions involving national security clearances, and during jury selection for sealed felony convictions. Federal employers and out-of-state entities may also still require disclosure.
- Is there a limit on how many records I can seal in Virginia?
- Yes. You can petition to seal records from a maximum of two sentencing events in your lifetime. A sentencing event can include multiple convictions if they occurred on the same day in the same jurisdiction. However, records sealed automatically (petit larceny, trespassing, marijuana possession, etc.) do not count toward this two-petition lifetime limit.
Video Guides
Take Action — Direct Links
- Download Petition for Expungement (Form CC-1473)
Official Virginia circuit court form to petition for expungement of criminal records (acquittals, dismissals, and nolle prosequi).
- Request Your Criminal Record (Virginia State Police)
Virginia State Police criminal history record check — request your own Virginia criminal history using Form SP-167.
- Find Free Legal Help (Legal Aid Justice Center)
Legal Aid Justice Center provides free expungement and record-sealing assistance to low-income Virginians.
- Virginia Courts Self-Help Center
Virginia Judicial System self-help website with court forms, filing instructions, and resources for self-represented litigants.
- Va. Code § 19.2-392.2 — Full Statute Text
Official full text of Virginia Code Section 19.2-392.2 (expungement of criminal records) on the Virginia Law website.