What is Virginia’s New “Expungement” Law?
Last updated: December 29th, 2023
Virginia Code Sections 19.2-392.5 – 19.2-392.17 are actually criminal record sealing laws, not “expungement” laws. For the first time ever in Virginia, these new laws allow criminal convictions to be sealed!
What’s the difference between expungement and record sealing?
Sealing is generally defined as preventing access to a criminal record. Think of a sealed conviction as becoming invisible. The new Virginia laws allow certain criminal convictions to be removed from public view.
Expungement is generally defined as erasing or destroying a record. Expungement is currently only available in Virginia for non-convictions. So, if a criminal charge was dismissed or nolle prossed, then it can be expunged.
Contact Clean Slate Virginia to see if Virginia’s new record sealing laws allow your criminal conviction to be sealed!
*This article has been updated to reflect Virginia legislative changes during the 2025 session. When Virginia's Clean Slate Law was originally passed in 2021 the effective date was scheduled for July 1, 2025. The Virginia legislature extended the effective date to July 1, 2026, during the 2025 legislative session.