If you were convicted of simple possession of cocaine, heroin, or another Schedule I or II controlled substance, you may be carrying a felony record that has followed you for years — affecting your job, your housing, and your ability to move forward. Beginning July 1st, 2026, that record may be sealable under Virginia’s new Clean Slate Law. But sealing won’t happen on its own. You will need to file a petition, satisfy the eligibility requirements, and make the case to a judge that continued public access to your record causes manifest injustice. Clean Slate Virginia is here to help you navigate this process so you can take hold of your future.

What is Simple Possession of a Controlled Substance Under Virginia Law?

Simple possession is governed by Virginia Code § 18.2-250. The law makes it a crime to knowingly or intentionally possess a controlled substance without a valid prescription. No intent to sell or distribute is required — the charge applies to personal possession only.

Virginia classifies controlled substances into schedules based on their potential for abuse and accepted medical use. The most serious possession charges involve Schedule I and Schedule II substances:

• Schedule I substances have a high potential for abuse and no accepted medical use in the United States. Common examples include heroin, LSD, and ecstasy (MDMA).
• Schedule II substances are also highly addictive but may have limited accepted medical uses. Common examples include cocaine, methamphetamine, fentanyl, and oxycodone.

Possession of any Schedule I or II controlled substance is a Class 5 felony in Virginia, punishable by up to 10 years in prison, or at the court’s discretion, up to 12 months in jail and a fine of up to $2,500.

Virginia Code § 18.2-250 — Possession of Controlled Substances Unlawful

“It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice… Any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be guilty of a Class 5 felony.”

Source: law.lis.virginia.gov — Va. Code § 18.2-250

It is important to understand the difference between simple possession and possession with intent to distribute. This page covers only simple possession convictions under § 18.2-250. Charges involving intent to distribute cocaine or heroin are treated differently under Virginia’s sealing law and are generally not eligible.

Is a Drug Possession Conviction Eligible to Be Sealed in Virginia?

Yes, under Virginia Code § 19.2-392.12, simple drug possession convictions will be eligible for petition-based sealing. This is particularly meaningful because a felony drug record can bar people from jobs, housing, professional licenses, and educational opportunities long after they’ve addressed the underlying issue.

One important note: if your drug possession charge was handled as a first offender case under Va. Code § 18.2-251 and resulted in a dismissal, that dismissed charge may also be sealable — potentially through a separate process. Contact Clean Slate Virginia to discuss your specific situation.

Important: A drug possession conviction will NOT be sealed automatically. If you do nothing, your record will remain public.

What You Need To Know About the Record Sealing Process

You Must File a Petition with the Circuit Court

To have your conviction sealed, you must file a petition with the Circuit Court in the jurisdiction where your case was originally heard. The Commonwealth’s Attorney is notified and given an opportunity to respond. The judge assigned to your case will review the petition and issue a ruling.

10-Year Waiting Period

Because simple possession of a Schedule I or II substance is a Class 5 felony, the required waiting period is 10 years. That period runs from the latest of the following:

• The date of your conviction
• The date you were released from incarceration
• The date of any conviction for a probation violation or the date the sentence was completed following such a conviction

Important: Any new criminal conviction during that 10-year window resets your eligibility. The entire period must be conviction-free.

Only 2 Petitions Per Lifetime

Virginia’s sealing law imposes a strict lifetime cap: each person may only have convictions from two separate sentencing events sealed through the petition process. If multiple charges were sentenced on the same day, they may count as a single event, but careful planning is still essential. A misstep in timing or charge selection can permanently forfeit your remaining eligibility. This is one of the strongest reasons to consult with an attorney before filing.

You Must Prove “Manifest Injustice”

For any felony petition, you carry the burden of showing the court that keeping your record accessible to the public constitutes a manifest injustice. The judge will look at the full picture: how much time has passed, what your life looks like today, the ways the conviction continues to affect your opportunities, and your demonstrated commitment to moving forward.

Drug possession convictions often carry a particular stigma that extends far beyond the courtroom. Many people with these records are denied jobs, professional certifications, or housing, not because of who they are today, but because of a past struggle that has long since been addressed. A well-documented petition can help the court see that reality.

Rehabilitation Must Be Demonstrated

Because drug possession convictions involve substance abuse, Virginia law specifically requires that you demonstrate rehabilitation as part of your petition. This can include documentation of completed treatment programs, sustained sobriety, counseling records, or letters from support networks. This is one of the most important elements to prepare thoroughly before filing.

All Restitution Must Be Paid

Any restitution ordered as part of your sentence must be satisfied in full before your petition can be granted.

Can Any Factors Disqualify Me From Having My Drug Possession Conviction Sealed?

Even if your conviction meets the basic criteria, other parts of your criminal history could block eligibility. The following will disqualify you:

• Any prior conviction for a Class 1 or Class 2 felony
• Any Class 3 or Class 4 felony conviction within the past 20 years
• Any felony conviction of any kind within the past 10 years
• The offense must have occurred on or after January 1st, 1986
• Convictions involving a family or household member as the complaining witness are not eligible

What Happens When Your Petition Is Granted?

Sealing a drug possession conviction can make a meaningful difference in your day-to-day life. Once a judge grants your petition:

• The conviction will be removed from most background checks run by employers, landlords, and licensing agencies.
• You can truthfully answer “no” when most job applications ask whether you have a criminal record.
• Your case will no longer appear in the court’s public online records.
• Private landlords will not be able to find the sealed conviction when screening your rental application.
• Third-party background check companies are legally prohibited from reporting sealed records.

Let’s Start The Process

Virginia’s Clean Slate Law takes effect July 1, 2026, but preparation starts now. Clean Slate Virginia is currently building petitions for eligible clients so they are ready to file on day one. 

Get started today for $99. Contact us for a confidential review of your record.