Eligibility for Virginia criminal record sealing is based on the type of offense, case outcome, required “good behavior” periods and overall criminal record. Determining whether a record qualifies for criminal record sealing requires a careful review of Virginia’s statutory eligibility rules.
Understanding Eligibility for Automatic Criminal Record Sealing in Virginia
Beginning October 1, 2026, some criminal records in Virginia will be sealed automatically — no paperwork, no court filings, and no attorney required.
Virginia’s new Clean Slate law—often called the “expungement law” or record sealing law—automatically seals a small number of misdemeanor convictions, but only if you meet the required waiting periods and have no disqualifying factors. Below, we’ll help you understand which convictions qualify and what timeline applies to your situation.
Which Convictions will be Automatically Sealed?
- Petit Larceny (§ 18.2-96)
- Shoplifting/Concealment (§ 18.2-103)
- Trespass (§ 18.2-119, § 18.2-120, § 18.2-134)
- Misdemeanor Possession with Intent to Distribute Marijuana (§ 18.2-248.1)
- Disorderly Conduct (§ 18.2-415)
Eligibility Requirements
You must have no new criminal convictions for 7 years “since the date of conviction.”
If you were convicted of another offense on the same day that isn’t eligible (for example, assault), then neither conviction will be sealed automatically.
What if there was a violation of probation (show cause) or failure to appear related to a charge that will be automatically sealed?
Violations of probation, failures to appear, contempt of court, and appeals of pretrial release decisions to the Circuit Court may be sealed—by petition—when they are related to charges that qualify for automatic sealing. So, if a charge is automatically sealed, violations of probation, failures to appear, contempt of court, and appeals of pretrial release decisions will remain public unless a petition to seal is filed with the Circuit Court requesting the “ancillary matters” be sealed.
Marijuana Possession Charges
All marijuana possession charges, including convictions, dismissals, and deferred dismissals under § 18.2-250.1, will be sealed automatically.
Traffic Infractions
All traffic infractions (not criminal traffic offenses like reckless driving) will be sealed automatically 11 years after the offense.
Tip: Only convictions will qualify for automatic sealing. Charges that were deferred and later dismissed will not be sealed automatically; instead, a petition must be filed in the Circuit Court to have those charges sealed.
Understanding your Eligibility for Criminal Record Sealing by Petition in Virginia
Most misdemeanors, Class 5 and 6 Felonies, Grand Larceny and felonies punished as larceny can be sealed by filing a petition with the Circuit Court where the conviction occurred.
Requirements to Seal a Conviction by Petition in Virginia
To qualify for record sealing by petition, all of the following must be true:
- The offense date must be on or after January 1, 1986
- No prior convictions for a Class 1 or Class 2 felony, or any felony punishable by life in prison
- No Class 3 or Class 4 felony conviction in the past 20 years
- No felony conviction of any kind in the past 10 years
- A clean record for the required time period after the latest of: conviction, deferred dismissal, release from incarceration, or violation of probation/parole:
- 7 years for a misdemeanor
- 10 years for a felony
- If the offense involved substance abuse, the petitioner must show rehabilitation
- All restitution must be paid
Common FeloniesThat Can be Sealed:
- Grand Larceny
- Embezzlement
- Simple Possession of Scheduled Drugs (Cocaine and Heroin)
- Credit Card Theft/Forgery
- Unauthorized Use Of Vehicle
- Obtaining Money by False Pretenses
- Perjury
- Prescription Fraud
- Possession with intent to distribute marijuana
- Distribution of marijuana
Common MisdemeanorsThat Can be Sealed:
- 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
Common ConvictionsThat Are Not Eligible to be Sealed:
- DUI
- Domestic Assault
- Violation of Protective Order
- Sexual Assault, along with all sex offenses
- Possession with intent to distribute most controlled substances (cocaine and heroin)
- Contribute to Delinquency of Minor (misdemeanor and felony)
- Manslaughter
- Abduction
- Assault on Law Enforcement
- Stalking
- Unlawful wounding
- Malicious Wounding
- Robbery
- Breaking and Entering
- Possession with intent to distribute cocaine or heroin
- Distribution of most controlled substances (Cocaine or Heroin)
- Contributing to the delinquency of a minor
- Child endangerment
