Virginia’s New Criminal Record Sealing Laws: What You Need to Know in 2026
For decades, Virginia offered extremely limited relief to people with criminal records. Unless a charge qualified for expungement after an acquittal or dismissal, most convictions remained public forever.
That changed on July 1, 2026, when Virginia’s new record sealing laws took effect. The legislation created one of the most significant reforms to Virginia criminal law in decades by allowing many arrests, dismissals, and even certain convictions to be sealed from public view. The new law is found in Chapter 23.2 of Title 19.2 of the Virginia Code (§§ 19.2-392.5 through 19.2-392.17).
If you have a criminal record—or are currently facing criminal charges—understanding these new laws is critical.
What Is Record Sealing in Virginia?
Record sealing is not the same as expungement.
When a record is sealed:
- The public can no longer access the record.
- Most employers and landlords will not see the record during routine background checks.
- Commercial background check companies are prohibited from reporting sealed records.
- Certain government agencies, courts, prosecutors, and law enforcement agencies may still access sealed records in limited circumstances authorized by law. §§ 19.2-392.5 and 19.2-392.13.
In other words, sealing greatly limits public access while preserving limited governmental access when authorized by statute.
Automatic Sealing of Certain Convictions
One of the biggest changes is that certain misdemeanor convictions are automatically sealed after the required waiting period if all statutory conditions are met.
Virginia Code § 19.2-392.6 currently provides automatic sealing eligibility for convictions involving:
- Petit larceny (§ 18.2-96)
- Shoplifting (§ 18.2-103)
- Trespassing (§ 18.2-119)
- Instigating trespass (§ 18.2-120)
- Trespass after being forbidden (§ 18.2-134)
- Certain former marijuana distribution offenses
- Disorderly conduct (§ 18.2-415)
Automatic sealing only occurs if the person satisfies statutory waiting periods and has not incurred disqualifying convictions during the applicable period. The Department of State Police identifies eligible cases and initiates the automatic sealing process under § 19.2-392.7.
Automatic Sealing of Dismissed Charges
Virginia now automatically seals many criminal cases that end favorably for the accused.
These include many:
- Acquittals
- Dismissals with prejudice
- Nolle prosequi dispositions
- Certain traffic infractions
The automatic process is governed primarily by §§ 19.2-392.8 through 19.2-392.10.
This represents a dramatic change from prior Virginia law, which generally required individuals to file an expungement petition.
Marijuana Possession Records Are Automatically Sealed
Virginia also created automatic sealing for former marijuana possession offenses.
Under § 19.2-392.6:1, criminal and civil offenses involving former § 18.2-250.1 are sealed without requiring the individual to file a petition. The Virginia State Police, courts, law enforcement agencies, and DMV are responsible for identifying and sealing these records, subject to limited exceptions.
Can Felony Convictions Be Sealed?
Yes—but only some.
Virginia now allows petition-based sealing for certain felony convictions after specified waiting periods.
However, many serious offenses remain permanently ineligible.
Examples of offenses generally excluded include:
- Class 1–4 felonies
- Violent felonies
- Most sex offenses
- Felonies involving firearms
- Protective order violations
- Hate crimes
- Numerous offenses involving family or household members
Eligibility depends upon the specific conviction and the requirements contained throughout Chapter 23.2 of Title 19.2.
Some Cases Still Require a Petition
Not every qualifying case will be sealed automatically.
Virginia law provides a petition process for numerous offenses, including certain convictions and deferred dismissals that are not automatically sealed or that were missed during the automatic process.
The petition procedure is contained in §§ 19.2-392.11, 19.2-392.12, and 19.2-392.12:1.
A judge will consider whether the statutory requirements have been met before entering a sealing order.
What Does Sealing Mean for Employment?
For many Virginians, the greatest benefit is employment.
A criminal record can affect:
- Employment opportunities
- Professional licensing
- Housing applications
- Educational opportunities
- Volunteer positions
Once a record has been properly sealed, most private employers and background screening companies should no longer report or disclose the sealed offense. Virginia law also imposes obligations on business screening services regarding sealed records.
However, certain employers—including law enforcement agencies, agencies handling national security matters, and positions governed by federal law—may still have lawful access to sealed records.
Sealing Is Not Automatic for Everyone
One common misconception is that every criminal record disappears automatically.
That is simply not true.
Many individuals will still need to:
- Determine whether their offense qualifies;
- Calculate the applicable waiting period;
- File a petition with the appropriate circuit court;
- Attend a hearing if required; and
- Demonstrate compliance with Virginia’s eligibility requirements.
Because eligibility depends on the offense, disposition, criminal history, and applicable waiting periods, consulting with an experienced Virginia criminal defense attorney can help avoid costly mistakes.
Frequently Asked Questions
Can felony convictions be sealed in Virginia?
Some felony convictions may be eligible through a petition process, but many serious felonies—including violent offenses, certain firearm offenses, and many sex offenses—remain ineligible.
Are dismissed charges automatically sealed?
Many dismissals, acquittals, and nolle prosequi dispositions are now automatically sealed under Virginia’s new statutory framework.
Is sealing the same as expungement?
No. Sealed records continue to exist but are generally unavailable to the public and most background check companies. Certain governmental entities retain limited statutory access. § 19.2-392.5.
When did Virginia’s new sealing law take effect?
The comprehensive sealing statutes became effective July 1, 2026.
Need Help Determining Whether Your Record Can Be Sealed?
Virginia’s new sealing laws provide meaningful relief for thousands of people, but the statutes are detailed and eligibility is highly offense-specific. Whether your case qualifies depends on the offense, the disposition, your criminal history, and the applicable waiting periods.
If you believe you may qualify, consulting with an experienced Virginia criminal defense attorney can help you determine whether your record is eligible for automatic sealing or whether a petition should be filed on your behalf.
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