Whether a possession with intent to distribute (PWID) marijuana conviction can be sealed in Virginia depends on the weight of marijuana involved in the charge. Under Virginia Code § 18.2-248.1, PWID marijuana is not a single offense with a single penalty. The charge is tiered by quantity, and those tiers carry different felony classifications. That classification determines whether the conviction qualifies for sealing under Virginia’s new Clean Slate Law, effective July 1, 2026. If your conviction falls within the eligible tier, you may petition to have it sealed, but you must meet the eligibility requirements and demonstrate manifest injustice to the court. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the July 1, 2026 filing date.

What Is PWID Marijuana Under Virginia Law?

Possession with intent to distribute marijuana is defined under Virginia Code § 18.2-248.1, which makes it unlawful for any person to sell, give, distribute, or possess marijuana with the intent to sell, give, or distribute it. The offense covers both actual distribution and possession with the intent to distribute. The Commonwealth does not need to prove an actual sale occurred to secure a conviction. Evidence of intent can include the quantity of marijuana, how it was packaged, the presence of scales or packaging materials, the amount of cash present, or other circumstantial indicators.

Virginia law also includes a rebuttable presumption that a person who possesses one ounce or less of marijuana possesses it for personal use. This presumption can be overcome by the Commonwealth with sufficient evidence of intent to distribute.

How the Charge Is Classified by Quantity

The classification and penalty for PWID marijuana in Virginia depends entirely on the weight of marijuana involved:

Third and subsequent felony convictions under this statute carry enhanced penalties, including a mandatory minimum of five years with a potential sentence of life imprisonment when the defendant has two or more prior felony convictions under § 18.2-248.1 or substantially similar statutes.

Is a PWID Marijuana Conviction Eligible to Be Sealed in Virginia?

The answer depends on which tier your conviction falls under:

If you are unsure which tier your conviction falls under, the charge and weight should be stated in the court records from your case. Contact us to review your record and confirm your eligibility.

What you need to know about the petition-based record ceiling process

You Must File a Petition with the Circuit Court

Sealing a PWID marijuana conviction requires filing a formal petition with the Virginia Circuit Court in the county or city where the original conviction occurred. The Commonwealth’s Attorney receives notice and may object or consent. A circuit court judge reviews the petition and enters the final decision.

Waiting Period

The waiting period depends on how your conviction was classified:

• Class 5 felony conviction (more than 1 oz, up to 5 lbs): A 10-year clean record period is required, running from whichever occurred most recently: the date of conviction, the date of release from incarceration, or the date probation or parole ended.
• Class 1 misdemeanor conviction (1 oz or less): A 7-year clean record period is required.

Important: Any new criminal conviction during the applicable waiting period resets your eligibility. The full period must be conviction-free.

Drug Treatment or Rehabilitation May Be Required

Under § 19.2-392.12, if the records related to the offense indicate that the conduct involved the use of or dependence upon any narcotic drug or other controlled substance, the petitioner must demonstrate rehabilitation as a condition of the court granting the petition. This is a specific requirement for drug-related convictions that does not apply to other offense categories. Documentation of completed treatment, sustained sobriety, participation in recovery programs, or other evidence of rehabilitation strengthens a petition significantly.

Only 2 Petitions Per Lifetime

Virginia law limits each person to two petitions over their lifetime under the petition-based sealing framework. Each petition corresponds to a separate sentencing event. If multiple charges were sentenced on the same date, they may count as one event. Careful planning before filing is essential, as using a petition at the wrong time or on the wrong conviction can permanently forfeit remaining eligibility.

You Must Prove “Manifest Injustice”

Meeting the waiting period and rehabilitation requirement opens the door to filing but does not guarantee a grant. You must also demonstrate to the court that continued public access to your record causes manifest injustice, meaning the harm to your life outweighs any public interest in keeping the record accessible. Courts consider the time elapsed since the offense, the steps taken since, current circumstances, and the specific, documented ways the conviction continues to affect opportunities.

For PWID marijuana convictions, the manifest injustice showing often involves employment barriers, professional licensing obstacles, housing denials, or educational access problems. 

All Restitution Must Be Paid

A petition cannot be granted if any court-ordered restitution remains outstanding. Confirm that all financial obligations from your case have been satisfied and retain documentation before you file.

Can Any Factors Disqualify Me From Having This Conviction Sealed?

Even if your conviction falls within an eligible tier, other parts of your criminal history may block the petition. 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 1, 1986
• Convictions involving a family or household member as the complaining witness are not eligible

Important: If your PWID marijuana charge was part of a broader case involving other drug distribution charges, weapons charges, or charges under § 18.2-248 (distribution of controlled substances other than marijuana), those additional convictions may affect your overall eligibility. A full review of your record is necessary before filing.

What Happens When Your Petition Is Granted?

A granted petition removes the conviction from the public-facing systems used by most employers, landlords, and licensing agencies. Specifically:

• The conviction will no longer appear on most employment background checks.
• You may truthfully answer “no” when most job applications ask whether you have a criminal conviction.
• The case will be removed from the court’s public online records.
• Private landlords will not find the sealed conviction when screening rental applications.
• Third-party background check companies are legally prohibited from reporting sealed records.

Let’s Start the Process

The Clean Slate Law takes effect July 1, 2026. Clients who start now will be first in line. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the filing date.

Contact us for a confidential review of your record.
cleanslatevirginia.com/contact-us  |  (804) 248-0400