Updated September 2026

Virginia’s long-awaited Record Sealing law took effect on July 1, 2026. Two months later, petitions are being filed, Commonwealth’s Attorneys are responding, hearings are being scheduled—and Virginia courts have begun entering orders that seal eligible criminal records.

That is the most important early news: the new law is working! But the first two months have also confirmed that record sealing is not instantaneous, the procedure is not identical in every jurisdiction, and eligibility involves much more than simply asking whether a conviction is old enough.

Clean Slate Virginia began preparing for the law well before its effective date and started filing petitions when the new process opened. Based on our work with circuit courts and Commonwealth’s Attorneys across Virginia, here is what we know so far.

Virginia now has several different paths to a sealed record

“Clean Slate” is often used as if it describes one process. In reality, Virginia’s law creates several different forms of sealing:

1. Automatic sealing of certain misdemeanor convictions;
2. Automatic sealing of certain marijuana-possession records;
3. Automatic sealing of certain cases that end without a conviction;
4. Petition-based sealing of eligible misdemeanor and felony convictions and deferred dismissals; and
5. A separate petition process for certain offenses that qualify for automatic sealing but were not—or cannot be—identified through the automated system.

The correct path depends on the charge, disposition, offense date, entire criminal history, and whether the record can be reliably matched through Virginia’s databases.

Petition-based sealing is happening now

Eligible people do not have to wait for Virginia’s automatic-sealing system before filing a petition under Virginia Code § 19.2-392.12. The petition process became available on July 1, 2026, and courts are accepting petitions now.

During the first two months, Clean Slate Virginia has received signed sealing orders in multiple cases. We have also received responses from Commonwealth’s Attorneys stating that they do not object to sealing and asking courts to waive hearings and personal appearances.

Other cases have been set for hearings. In some matters, the Commonwealth’s Attorney has asked for additional evidence showing how continued public access to the record creates or may create a “manifest injustice.” We have found that a detailed affidavit describing the petitioner’s actual circumstances can be important and, in some cases, may resolve concerns without a contested hearing.

The early lesson is clear: a petition should do more than establish technical eligibility. It should present the petitioner’s circumstances and the need for relief as clearly and specifically as possible.

What convictions can be sealed by petition in Virginia?

Under Virginia Code § 19.2-392.12, the basic categories potentially eligible for petition-based sealing are:

• Misdemeanor convictions;
• Misdemeanor charges that were deferred and later dismissed;
• Class 5 felony convictions and deferred dismissals;
• Class 6 felony convictions and deferred dismissals; and
• Grand larceny and other felony offenses for which the person is deemed guilty of larceny and punished under Virginia Code § 18.2-95.

The offense date must be January 1, 1986, or later. A petition may also identify related ancillary matters, such as certain probation violations, failures to appear, or contempt proceedings, for sealing with the underlying eligible offense.

Eligibility by offense classification is only the beginning. The statute contains an extensive list of exclusions. Among other things, it excludes Class 1 through Class 4 felonies, violent felonies listed in Virginia Code § 17.1-805(C), registrable sex offenses, protective-order violations, hate crimes, certain offenses involving family or household members, DUI and several other specifically listed crimes.

A felony that involved the use of a firearm is generally excluded unless the person’s firearm rights have been restored under Virginia law. Because the exclusions are detailed and offense-specific, the precise statute of conviction matters.

The six principal requirements for petition-based sealing

For a court to grant a petition under § 19.2-392.12, all of the statutory requirements must be satisfied.

1. The petitioner must satisfy the felony-history restrictions

The petitioner must:

• Never have been convicted of a Class 1 or Class 2 felony, or another felony punishable by life imprisonment;
• Have no Class 3 or Class 4 felony conviction within the 20 years before filing; and
• Have no other felony conviction within the 10 years before filing.

These restrictions concern the petitioner’s broader criminal history, not merely the particular offense the person wants sealed.

2. The required conviction-free period must have passed

The required period is:

• Seven years for a misdemeanor; and
• Ten years for a felony.

The period does not always begin on the conviction date. It is measured from the latest applicable event, which can include:

• Dismissal of a deferred charge;
• Conviction;
• Release from incarceration;
• A finding that the person violated a suspended sentence, probation, or parole; or
• Release from incarceration following such a violation.

During the applicable seven- or ten-year period, the petitioner generally cannot have a new reportable criminal conviction in Virginia or a criminal conviction in another state, the District of Columbia, a United States territory, or federal court. Virginia traffic infractions are excluded from this part of the analysis.

This is one of the most frequently misunderstood provisions. An older conviction is not necessarily eligible simply because seven or ten years have passed since the original court date. A later probation violation, incarceration, or intervening conviction may change the calculation.

3. Rehabilitation may have to be demonstrated

If the records indicate that the offense involved the use of or dependence on alcohol, narcotics, or another intoxicant, the petitioner must demonstrate rehabilitation.

Evidence may include treatment, sustained sobriety, counseling, recovery-program participation, stable employment, community involvement, or other facts relevant to the person’s history and circumstances.

4. Restitution must be paid in full

If restitution was ordered as a condition of the charge, conviction, or related matter being sealed, it must have been paid in full.

5. The petitioner must remain within the lifetime limit

A person may have only two petitions granted under § 19.2-392.12 during their lifetime. Multiple eligible charges may be included in one petition only when they arose from the same transaction or occurrence.

This makes planning important. Filing separate petitions for different events may use both lifetime opportunities, even if additional eligible records remain.

6. The record must cause or potentially cause a manifest injustice

The petitioner must show that the continued existence and possible dissemination of the record “causes or may cause circumstances that constitute a manifest injustice.”

The law does not limit manifest injustice to a job denial that has already happened. Depending on the facts, relevant consequences may include barriers or potential barriers involving:

• Employment or professional advancement;
• Occupational licensing;
• Housing;
• Education;
• Business opportunities;
• Volunteer work;
• Family responsibilities; or
• Other meaningful personal or economic opportunities.

A generalized statement that the petitioner would prefer not to have a record may not fully explain the harm. A stronger presentation connects the public record to the petitioner’s real life, future plans, responsibilities, and opportunities.

A hearing is not always required—but it may be

After a petition is filed, the Commonwealth must be made a party and a copy must be provided to the local Commonwealth’s Attorney. The Commonwealth’s Attorney then has 30 days after receipt to object, answer, or notify the court in writing that there is no objection.

The court must also receive the petitioner’s Virginia and national criminal-history information from the Central Criminal Records Exchange. Only after the necessary information is available can the petition be fully evaluated.

If the Commonwealth’s Attorney stipulates in writing that the offense is eligible and that continued dissemination causes or may cause a manifest injustice, the judge may grant the petition without a hearing. We have seen that happen already.

But a no-objection response does not automatically guarantee that a judge will sign the order, and practices vary. Some courts are prepared to consider agreed orders on the papers. Others schedule hearings, request supplemental information, or require particular local steps. When a petitioner lives outside Virginia, a motion may be needed to request remote testimony or a remote appearance, and approval remains within the court’s discretion.

Why the process can take time

The first two months have shown that several parts of the process can create delay:

• Obtaining certified warrants, indictments, sentencing orders, probation records, or other documents from older files;
• Identifying accurate case numbers and dates when records were created before modern electronic systems;
• Waiting for the Commonwealth’s Attorney’s statutory 30-day response period;
• Waiting for the CCRE criminal-history record to reach the circuit court;
• Complying with procedures that differ among circuit courts; and
• Finding an available hearing date when the court requires one.

Some older records must be located manually. Different courts have adopted different filing and scheduling practices as they work through a completely new statutory process. These are not necessarily signs that a petition has a problem; they are part of the early implementation of a statewide system involving numerous independent courts, prosecutors, clerks, law-enforcement agencies, and the Virginia State Police.

Automatic sealing is not fully visible yet

One of the greatest sources of confusion is the word “automatic.” The law took effect July 1, but that does not mean every eligible historical conviction disappeared from public view that day.

Eligible misdemeanor convictions for petit larceny, shoplifting, specified trespass offenses, misdemeanor distribution of marijuana, and disorderly conduct may qualify for automatic sealing after seven conviction-free years, subject to the statute’s additional conditions. The system requires the Virginia State Police to identify eligible records, transmit lists through the judicial system, and have circuit courts enter sealing orders.

Virginia State Police has until October 1, 2026, to transmit the first list of convictions eligible for this automatic process. After the initial implementation, the law calls for the review and transmission process to occur at least monthly.

Accordingly, a person whose apparently eligible conviction is still publicly visible in September should not assume that it has been denied or found ineligible. The initial automatic process is still being implemented.

Automatic sealing can also miss a record if the offense was never reported to the CCRE, the person was not fingerprinted, the electronic data is incomplete, or the system cannot confidently determine eligibility. Virginia created an “automatic petition sealing” process under § 19.2-392.12:1 for certain eligible records that are not sealed through the automated process.

Sealing is not the same as destroying the record

A sealed Virginia record is generally removed from public access and ordinarily will not be disclosed by Virginia courts, law-enforcement agencies, the CCRE, the DMV, or registered background-check companies, except as the law permits.

In most situations, a person is not required to disclose a sealed offense to a private employer or state or local government entity in Virginia. There are important exceptions, including certain employment, licensing, governmental, child-custody, and federal contexts.

Sealing does not physically erase every record or prevent all government access. It also does not control records held by the federal government, and some appellate or mixed court records may remain publicly available. The practical effect is substantial, but it is more accurate to say the record is restricted from ordinary public dissemination than to say it ceases to exist.

What should someone do now?

Anyone considering Virginia record sealing should begin with a complete review of their criminal history—not simply an online court search. The correct analysis may require:

1. Obtaining the Virginia State Police criminal-history record;
2. Collecting the warrant, indictment, sentencing order, and related records for each event;
3. Confirming the exact statute, offense classification, disposition, and offense date;
4. Reviewing all Virginia, federal, and out-of-state convictions;
5. Calculating the waiting period from the latest event required by the statute;
6. Determining whether multiple charges arose from the same transaction or occurrence;
7. Confirming payment of restitution and documenting rehabilitation where applicable; and
8. Developing specific evidence of manifest injustice.

Because Virginia limits most petitioners to two granted petitions, a complete review before filing can be particularly important.

Two months in: a promising start, with important lessons

Virginia’s Clean Slate law has already created meaningful second chances. Courts have entered sealing orders, prosecutors have agreed to relief in eligible cases, and petitioners are beginning to receive the benefit of a law that took years to develop.

At the same time, the first two months have confirmed that successful record sealing requires careful eligibility analysis, accurate historical records, compliance with new local procedures, and persuasive evidence addressing the statutory standard. Automatic sealing remains in its initial implementation phase, while petition-based sealing is already producing results.

Clean Slate Virginia will continue monitoring how courts across the Commonwealth apply the law and will publish additional updates as procedures and decisions develop.

If you would like to know whether a Virginia misdemeanor, felony, or deferred dismissal may be eligible for sealing, contact Clean Slate Virginia for an individualized review of your record.