Definitions
What does it mean to seal a conviction?
Sealing is generally defined as preventing access to a record. Think of a sealed conviction as becoming invisible.
What does expungement mean?
Expungement is generally defined as erasing or destroying a record. Expungement is currently only available in Virginia for non-convictions.
What is a petition to seal?
A petition is a legal document the asks a court to order some action. Petition-based sealing generally describes the process whereby an individual petitions a court to have their criminal record sealed and the court determines whether to grant or deny the sealing motion.
What’s the difference between an expungement and sealing a conviction?
An expungement is only allowed for charges that are dismissed or not prosecuted. Convictions may be sealed. Sealing a conviction has almost all of the benefits of an expungement since the charge cannot be seen by the public or employers.
Automatic Sealing
Are any convictions automatically sealed?
Yes. Virginia Code section 19.2-392.6 provides for certain convictions to be automatically sealed. This means you do not have to do anything. The qualifying convictions are sealed without any action on your part and you receive all the benefits of sealing a conviction.
What charges are automatically sealed?
- 18.2-96 (petit larceny)
- 18.2-103 (concealing merchandise)
- 18.2-119 (trespass)
- 18.2-120 (trespass)
- 18.2-134 (trespass)
- Misd. 18.2-248.1 (distribution of marijuana)
- 18.2-250.1 (possession of marijuana)
- 18.2-415 (disorderly conduct)
Who qualifies for automatic sealing of convictions?
Qualifying charges are automatically sealed if you have had no new criminal convictions for seven years in VA or any other state.
What if my conviction is one of these charges, but it does not qualify to be automatically sealed?
If your conviction is not automatically sealed, it may qualify to be sealed by petition.
Additional Sections
Can I file a petition to seal myself?
Yes. A petition to seal is a civil proceeding where the petitioner may represent him or herself. Since a petition to seal is a legal matter, it’s always advised to consult a competent attorney. All of the reasons to use Clean Slate Virginia can be found here.
