Virginia’s Clean Slate laws came into effect on July 1, 2026. For many, they signal an opportunity to move on from past mistakes. Such records can make regular routines — getting a degree, searching for an apartment or house, or finding a job — very difficult. After these changes, Virginians in certain situations could get a fresh start through sealing or expungement.

Sealing vs. Expungement

            Expungement involves the removal of an offense record from public criminal history records. If a person is criminally charged, and they are acquitted or their case is dismissed, they can file a petition requesting the expungement of the police and court records. The Court may grant expungement if certain conditions are met, most notably, that the petitioner has no criminal record, the offense was a misdemeanor, or that the continued dissemination of the charge would constitute a “manifest injustice.” The new laws included some minor changes to the expungement process, but that process remains largely unmodified.

            The government is introducing a new mechanism called sealing. When a charge is sealed, Virginia State Police, court clerks, and the Supreme Court of Virginia work together to ensure that the record is no longer publicly visible except for in certain situations. Think of expungement as deleting the record and sealing as hiding it from the public eye.

Sealable Offenses

            Some criminal records will be sealed automatically, meaning you do not have to file a petition. The new laws cover criminal offenses dated on or after January 1, 1986. Beginning July 1, 2026, misdemeanor cases (excluding traffic offenses) that end in acquittal or dismissal will generally be automatically sealed. Importantly, automatic sealing only applies to cases that were acquitted or dismissed initially, it does not apply in cases where facts sufficient for guilt were found, but the petitioner was granted a deferred disposition and thereafter a dismissal. In addition, certain misdemeanor convictions, including petit larceny, shoplifting, trespassing, certain marijuana-related offenses, and disorderly conduct will be eligible for automatic sealing after a waiting period of seven (7) years so long as the person has maintained a clean criminal record and has no other disqualifying convictions. Automatic sealing does not mean immediate sealing. The automatic sealing of a record requires cooperation between the Virginia State Police, clerks of court, and the state Supreme Court. If a petitioner feels that a certain offense should have been automatically sealed, there are mechanisms to request that the state review and seal such records.

Sealing Petitions  

            Other records require you to file a petition with the court. These include certain misdemeanor convictions, deferred and dismissed misdemeanors, and certain lesser felony convictions. Generally, cases of this kind have a limit of two lifetime petitions, but the petitions can ask for ancillary matters, or related proceedings arising from the same case, to be sealed as well. Some petitions are exempt from the two-petition lifetime limit, including petitions involving certain offenses specifically identified by the law.

            The petition process starts with requesting criminal record history from the Virginia State Police and filing paperwork with the Circuit Court that handled the case. The Court will consider several factors, including criminal history, rehabilitation in a drug or alcohol related case, payment of restitution if needed, and whether the continued existence of the record creates a manifest injustice on the petitioner. Misdemeanor petitions generally have a seven-year waiting period while felony petitions generally have a ten-year waiting period.

Non-Sealable Petitions

            Many offenses are left out of the new law, including driving under the influence for most vehicles (DUI), refusing a blood alcohol (BAC) test during a traffic stop, assault and battery against a family or household member, sexual offenses, violent felonies, and cruelty to animals or children. Violations of child custody, visitation, or protective orders are also ineligible.

When Are Sealed Records Visible?

            Sealed records can still be disclosed in certain situations. When applying to purchase a firearm, or to work in law enforcement or public safety, sealed criminal records may still be reviewed. Sealed records may be ordered to be disclosed in child custody and protective order hearings. However, moving forward, most private employers, businesses, and educational institutions will not be legally allowed to inquire about a sealed offense. Additionally, if a business screening service knowingly holds a sealed record, they are now legally required to delete it.

Next Steps

            Now is a good time to obtain your criminal record information if you believe there is an offense you could get sealed. Review the eligibility criteria for each case separately to determine which offenses will be automatically sealed, which may be sealed upon petition, and which are ineligible for sealing. Ensure you have met all court requirements for sealing by petition, such as maintaining a clean record and paying restitution. Finally, consult with an attorney to determine your next steps to a clean slate.

The new framework is complicated and has many exceptions. This article is intended to be a broad overview of the law; your specific circumstances may vary. If you have questions or believe you may be eligible for a clean slate, reach out to Simons, Thurman & Fix for excellent legal assistance.