If your criminal charge was taken under advisement and later dismissed, you may have a unique opportunity to have it permanently removed from your record—but that opportunity may only exist until December 1, 2026.

For years, many people with deferred dismissals were told that expungement was unavailable. Recently, however, Clean Slate Virginia successfully argued before the Chesterfield Circuit Court that certain charges taken under advisement and later dismissed are eligible for expungement under current Virginia law. The court agreed and granted the expungement. This ruling is consistent with rulings in Rockingham County and Newport News Circuit Courts.

This decision does not automatically change the law throughout Virginia. Every expungement petition is decided by an individual Circuit Court judge and who could come to a different conclusion. In other words, there is no guarantee that every petition will be granted.

What this ruling does create, however, is a strong legal basis for asking courts across Virginia to do the same. The decision is supported by significant changes the General Assembly made to Virginia’s expungement policy statement, including removing language that suggested expungement was reserved only for those who were “innocent” and adding language recognizing rehabilitation as one of the purposes of the statute.

Why act before December 1, 2026?

Beginning December 1, 2026, Virginia’s expungement statute will be amended yet again and make it clear that charges that were deferred and dismissed with a stipulation that the facts were sufficient for a finding or guilt are no longer eligible to be expunged. 

An expunged charge is removed from your record rather than merely sealed. The record no longer exists for employers, landlords, schools, and the general public to find. While record sealing provides significant protections, expungement generally offers the greatest level of relief available under Virginia law.

There is another important difference between record sealing and expungement. If you qualify for an expungement under current law, you may pursue it NOW. There is no waiting period. By contrast, record sealing under the Virgina’s Clean Slate law requires a ten-year waiting period.

For individuals who qualify, this creates a limited window to seek the highest level of relief currently available before the law changes.

Should You Explore an Expungement?

If your charge was taken under advisement and later dismissed—such as under Virginia Code § 18.2-251 or another deferred disposition—you should have your case evaluated as soon as possible.

While no attorney can guarantee that a court will grant an expungement, Clean Slate Virginia’s recent Chesterfield Circuit Court victory demonstrates that there is a well-supported legal argument for these petitions under current Virginia law. Because each Circuit Court judge makes an independent decision, waiting until after December 1, 2026, could mean losing the opportunity to pursue an expungement altogether and instead being limited to record sealing.

If you believe you may qualify, now is the time to determine whether your case can be presented to the court before this limited opportunity expires.