Virginia Expungement & Record Sealing Guide

Who Qualifies for Expungement in Virginia?

Virginia significantly expanded its record relief laws in recent years. There are now three tracks: expungement (non-convictions, petition-based), automatic sealing (convictions, starts July 2025), and petition-based deferred dismissal sealing.

Expungement — Non-Conviction Records (Available Now)

You may petition for expungement if:

• Charges were dismissed, nolle prossed, or resulted in acquittal
• You completed a deferred disposition that resulted in dismissal
• You received an absolute pardon

Virginia's traditional expungement is limited to non-convictions — if you were convicted, expungement is generally not available, but sealing may be.

Automatic Sealing — Convictions (Effective July 1, 2025)

Under legislation passed in 2021 and 2022 (HB 1025 and SB 1239), Virginia will automatically seal:

• Most misdemeanor convictions: 7 years after case conclusion, with no new felony or misdemeanor convictions during that period
• Class 5 and Class 6 felony convictions: 10 years after case conclusion, with no new convictions
• Deferred dismissals / first offender programs: Sealed upon dismissal

Not eligible for automatic sealing: Class 1–4 felonies, sex offenses, crimes against children, DUI/DUID convictions, domestic assault, and other serious offenses listed in § 19.2-392.12.

Step-by-Step: How to Clear Your Record in Virginia

Automatic Sealing (July 2025 Onward)

No action required. Virginia's court system will identify and seal eligible records automatically based on conviction date and subsequent criminal history. Records sealed before July 2025 under prior law are also preserved.

Petition-Based Expungement (Non-Convictions)

1. Obtain your criminal history — Request from Virginia State Police (fee: ~$15).
2. Complete the petition — File a Petition for Expungement (Form DC-476) in the Circuit Court of the county/city where the charge occurred.
3. File and pay fee — Filing fee: $86. Serve notice on the Commonwealth's Attorney.
4. Fingerprinting required — Virginia requires fingerprints to be submitted with the petition for a criminal history check.
5. Hearing — A hearing is scheduled. The Commonwealth's Attorney may object. The burden is on you to show that the continued existence of the record causes "manifest injustice."
6. Order issued — If granted, VSP and all agencies expunge the record.

Waiting Periods

• Non-conviction (dismissed/acquitted): No waiting period — may petition immediately
• Deferred dismissal: Sealed upon dismissal (automatic)
• Misdemeanor conviction (auto-seal): 7 years from case conclusion (effective July 1, 2025)
• Class 5/6 felony conviction (auto-seal): 10 years from case conclusion (effective July 1, 2025)

Costs

• Petition filing fee: $86
• VSP criminal history: ~$15
• Fingerprinting: ~$10–$20 (varies by location)
• Automatic sealing: Free
• Attorney fees: $750–$2,500

Legal Aid Justice Center and Virginia Legal Aid Society offer free expungement clinics statewide. Visit valegalaid.org for free help.

What Record Clearing Does (and Doesn't) Do in Virginia

After a successful expungement or sealing in Virginia, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Virginia for advice specific to your situation.