Virginia’s new record sealing laws, effective July 1, 2026, include provisions for both automatic and petition-based sealing of eligible misdemeanor convictions and non-convictions.

Virginia’s Clean Slate law represents a historic shift in criminal record relief by allowing certain misdemeanor convictions and many other offenses to be sealed from public access. Under the new framework, some misdemeanors will be automatically sealed by operation of law once statutory criteria are met, while other misdemeanor convictions will require a court petition to secure sealing. This page explains how misdemeanor record sealing works, which offenses may qualify, and how petition-based sealing can help you achieve a fresh start.

Automatic Sealing of Certain Misdemeanor Convictions

Under the Clean Slate law (Va. Code § 19.2-392.6 and related sections), certain misdemeanor convictions will be automatically sealed without you having to file a petition if:

• You were convicted of the offense;
• The conviction occurred on or after January 1, 1986;
• Seven years have passed since the conviction date; and
• You have not been convicted of a subsequent offense that must be reported to the Central Criminal Records Exchange (CCRE) during that seven-year period.

The statute identifies specific misdemeanor categories eligible for this automatic sealing process. These include:

• Petit larceny (petty theft)
• Disorderly conduct
• Trespassing and related trespass offenses
• Certain marijuana offenses, possession and distribution

This automatic sealing means that, once the waiting period and eligibility criteria are met, those misdemeanor records will be sealed by operation of law and should no longer be publicly accessible on most background checks.

Sealing of Non-Convictions for Misdemeanor Charges

The Clean Slate law does not provide for the automatic sealing of misdemeanors that were deferred and dismissed. These records will NOT be sealed automatically without filing a petition.

Petition-Based Sealing for Misdemeanor Convictions

Not all misdemeanor convictions qualify for automatic sealing. Some misdemeanor convictions — and other misdemeanor dispositions that do not fall into automatic categories — can become eligible for sealing only through the petition process under Va. Code § 19.2-392.12 and related provisions.

Common misdemeanors that can be sealed by petition:

• Reckless Driving (Virginia Code Section 46.2-852)
• Driving Without a license
• Driving With a suspended license
• Destruction of property
• Simple Assault (not domestic assault)
• Public Intoxication
• Possession of some prescription drugs
• False Identification or report to Law Enforcement
• Obstruction of Justice
• Bawdy Place
• Trespass with intent to damage
• Concealed Weapon
• Credit Card Fraud
• Identity Theft
• Issuing Bad check
• Possession of paraphernalia
• Welfare Fraud
• Computer Harassment

With petition-based sealing, an individual asks a Virginia circuit court to order the sealing of the misdemeanor conviction. To succeed, you generally must show that:

• A seven year “good bahavior” period since the conviction or deferred dismissal;
• You have remained crime-free during that time (no new convictions reportable to the CCRE); and
• Continued disclosure of the conviction would cause manifest injusticeor other prejudice justifying sealing.

Petition-based sealing is the pathway for misdemeanor convictions that aren’t automatically sealed. It requires filing legal paperwork, following court procedures, and, in many cases, presenting arguments and evidence to the judge.

Why Some Misdemeanors Require Petitions

Misdemeanors that do not meet the automatic sealing categories — or where concurrent ineligible offenses exist — can’t be sealed simply by waiting. These must be addressed through the court process so a judge can consider factors like rehabilitation, public safety, and manifest injustice. This is an important area where legal representation makes a difference, as the petition process is often nuanced and fact-specific.

What Happens After a Record Is Sealed

Once a misdemeanor conviction or non-conviction is sealed under the Clean Slate law:

• The record is generally removed from public court records and criminal history reports;
• Most employers and landlords will no longer see the sealed record on background checks;
• You may lawfully answer “no” to many questions about your criminal history, except where disclosure is required by law (e.g., certain government or security positions).

Sealing provides a chance to move forward with fewer barriers in employment, housing, education, and professional licensing.

Contact Clean Slate Virginia Today

Although automatic sealing occurs without court involvement for many offenses, petition-based sealing involves legal filings, deadlines, and potentially hearings in circuit court. Working with experienced attorney — like Clean Slate Virginia — can ensure your petition is thorough and persuasive.

Clean Slate Virgina will:

• Review your full criminal history to determine which misdemeanors may qualify for automatic or petition sealing;
• Prepare and file your sealing petition in the correct circuit court;
• Advise you on manifest injustice arguments and how to present supporting evidence; and
• Represent you throughout the process to achieve the best possible outcome.