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Sealing, automatic sealing, or petition sealing in Virginia

Can I clear my record in Virginia?

Virginia's record sealing law took effect July 1, 2026, after the 2025 General Assembly pushed it back from 2025.

Some records clear automatically

How did your case end?

Pick the one that matches. We'll show the routes Virginia law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Some records are sealed automatically: certain low-level misdemeanor convictions after 7 years, old marijuana possession charges and convictions, many misdemeanor acquittals and dismissals, and traffic infractions after 11 years. Many other misdemeanors and Class 5 and 6 felonies can be sealed by petition after 7 or 10 years, with no court filing fee. DUI, violent felonies, sex offenses and crimes against family members can't be sealed. Expungement, which predates the sealing law, still covers charges that didn't end in a conviction, and it expands on December 1, 2026.1,2,3,4

Checked October 21, 2026 against 19 sources, starting with Virginia law, then by a second reader.

What it's called
Sealing, automatic sealing, or petition sealing1,2,3
Automatic clearing
Yes, for some records, since July 1, 20264,7,9
DUI or DWI
Can't be cleared5,6,9
Filing fee
No filing fee1,2,3
Fee waiver
Not confirmed

Sealing

Automatic sealing of certain misdemeanor convictions

Sealed records are not publicly available but are not destroyed. The Central Criminal Records Exchange, courts, law enforcement and the DMV may share them only for purposes listed in the statute, including some employment checks. Virginia agencies, private employers not subject to federal hiring rules, and schools may not require applicants to disclose sealed offenses, with exceptions such as police and sheriff applications and inquiries required by state or federal law (Va. Code § 19.2-392.15). Sealing does not restore civil or firearm rights, and fines, costs and restitution are still owed (Virginia State Crime Commission).1,2,3

What it's for: Convictions for petit larceny, shoplifting, trespass offenses, misdemeanor marijuana distribution and disorderly conduct, plus all former marijuana possession charges and convictions and old non-criminal traffic infractions.

Who can use it

  • Convictions with an offense date on or after January 1, 1986 for: a misdemeanor violation of § 18.2-96 (petit larceny) or § 18.2-103 (shoplifting); § 18.2-119, 18.2-120 or 18.2-134 (trespass offenses); a misdemeanor violation of § 18.2-248.1 (marijuana distribution); or § 18.2-415 (disorderly conduct) (Va. Code § 19.2-392.6(A)).
  • Seven years must have passed since the conviction with no conviction during that time for any Virginia offense reportable to the Central Criminal Records Exchange, or any offense in another state or federal court (traffic infractions don't count) (§ 19.2-392.6(B)).
  • All criminal and civil charges and convictions for possession of marijuana under former § 18.2-250.1, no matter when the case ended (§ 19.2-392.6:1).
  • Traffic infractions under Title 46.2 that aren't punishable as a criminal offense, with an offense date on or after January 1, 1986, are deemed sealed 11 years after final disposition, unless federal or state law prohibits it (Va. Code § 19.2-392.17).

What doesn't qualify

  • An eligible misdemeanor conviction if, on the same date, the person was also convicted of an offense that isn't on the automatic list (§ 19.2-392.6(C)).
  • Offenses that were never reported to the Central Criminal Records Exchange (for example, because fingerprints weren't taken); use the 'automatic petition' process instead.
  • The DMV won't seal a marijuana record if doing so would violate federal record-retention or federal program rules (§ 19.2-392.6:1(B)).

How long you have to wait

RecordWaiting period
Listed misdemeanor conviction7 years after the convictionNo new reportable conviction during the 7 years.
Former marijuana possession (§ 18.2-250.1) charge or convictionNoneSealed regardless of when the case ended.
Traffic infraction11 years after final dispositionVa. Code § 19.2-392.17. The DMV won't seal an infraction where federal record-retention or program rules forbid it, or while a Driver Improvement Program suspension order is less than two years past compliance.

Happens automatically. The State Police review the criminal records exchange monthly, send lists of eligible offenses to the Office of the Executive Secretary, which forwards them to circuit court clerks; a judge orders sealing and the clerk notifies the State Police (Va. Code § 19.2-392.7). The State Police had until October 1, 2026 to send the first list. People generally aren't notified when an offense is sealed automatically.

How to apply

  1. Nothing to file. To check, request your criminal history from the Virginia State Police or ask the clerk of the court that decided the case.
  2. If an eligible conviction wasn't sealed, file an 'automatic petition' under § 19.2-392.12:1 (form CC-1203).
Where to file
Automatic through the Virginia State Police, the Office of the Executive Secretary and circuit court clerks.
Cost
No fee; nothing is filed.
Court hearing
No
How long it takes
Monthly State Police review; first list due by October 1, 2026 (Virginia State Crime Commission).

Sealing

Automatic sealing of acquittals and dismissals

Same effect as other sealing: records are kept but not public, and Virginia employers covered by § 19.2-392.15 may not require disclosure.2,3

What it's for: Misdemeanor and felony acquittals and dismissals with prejudice, and older misdemeanor charges that didn't end in conviction.

Who can use it

  • For cases ending on or after July 1, 2026, misdemeanor acquittals and dismissals with prejudice are sealed when the case ends, unless the person objects (Va. Code § 19.2-392.8).
  • For cases ending on or after July 1, 2026, felony acquittals and dismissals with prejudice are sealed when the case ends if the person asks out loud and the Commonwealth's Attorney agrees (§ 19.2-392.8).
  • Previously concluded misdemeanor charges that didn't end in conviction, with an offense date on or after January 1, 1986, if the person has no convictions and no reportable arrests or charges in the past 3 years; the State Police review these once a year (§ 19.2-392.11).

What doesn't qualify

  • Nolle prosequi (prosecutor drops the charge) and dismissals without prejudice are not sealed at case conclusion. Misdemeanor ones can later be sealed in the State Police annual review (§ 19.2-392.11), and any of them can be expunged by petition under § 19.2-392.2.
  • Charges deferred and dismissed after the court found facts sufficient for guilt aren't covered by the annual review (§ 19.2-392.11); petition sealing covers deferred dismissals.

How long you have to wait

RecordWaiting period
Misdemeanor or felony acquittal or dismissal with prejudiceNoneSealed at the end of the case (felonies only on request with the prosecutor's agreement).
Older misdemeanor non-convictionNo reportable arrests or charges in the past 3 yearsReviewed annually by the State Police.

Some records clear automatically. Misdemeanor acquittals and dismissals with prejudice are sealed automatically unless the person objects; felony ones need the person's oral request and the Commonwealth's Attorney's agreement.

How to apply

  1. For a felony acquittal or dismissal with prejudice, ask the judge at the end of the case to seal it.
  2. For other non-convictions, petition for expungement under § 19.2-392.2.
Where to file
The court handling the case (at its conclusion), or automatically through the State Police annual review.
Cost
No fee.
Court hearing
No

Sealing

Petition sealing

Same effect as automatic sealing: the record is not public, is shared only for purposes listed in the statute, and covered employers may not require disclosure (Va. Code § 19.2-392.15). It does not restore civil or firearm rights.5,6,7

What it's for: Most misdemeanors, Class 5 and 6 felonies, grand larceny and other larceny-type felonies, and deferred dismissals, with many exclusions.

Who can use it

  • Misdemeanors, Class 5 or 6 felonies, felonies punishable as larceny under § 18.2-95, and deferred dismissals, with an offense date on or after January 1, 1986 (Va. Code § 19.2-392.12(A)).
  • Never convicted of a Class 1 or 2 felony (or a felony punishable by life), no Class 3 or 4 felony conviction in the past 20 years, and no other felony conviction in the past 10 years.
  • No reportable conviction in Virginia, or conviction elsewhere, during the waiting period (traffic infractions don't count).
  • For alcohol- or drug-related offenses, a showing of rehabilitation.
  • Any court-ordered restitution paid in full.
  • The court must find that keeping the record available causes or may cause a 'manifest injustice' to the petitioner.
  • Charges in one petition must come from the same transaction or occurrence.

What doesn't qualify

  • Class 1 through 4 felonies and unclassified felonies other than larceny-type felonies.
  • DUI and related offenses: § 18.2-266 (DWI), § 18.2-266.1 (under 21 after drinking), § 18.2-268.3 (refusal), DUI-related involuntary manslaughter, boating and aircraft under the influence, and commercial-vehicle DUI and refusal (§ 19.2-392.12(L)).
  • Offenses requiring sex offender registration and violent felonies listed in § 17.1-805(C).
  • Felonies involving a firearm, unless firearm rights were restored.
  • Protective order violations, hate crimes, and any offense where the victim was a family or household member.
  • Animal cruelty, election law violations, certain drug offenses, and offenses ending in not guilty by reason of insanity.
  • Conspiracy, attempt or solicitation to commit an ineligible offense.
  • Anyone who already has two petitions granted under this section (lifetime limit).

How long you have to wait

RecordWaiting period
Misdemeanor conviction or deferred dismissal7 yearsRuns from the latest of the dismissal of a deferred charge, the conviction, release from incarceration, or a probation or parole violation finding (and release).
Class 5 or 6 felony or larceny-type felony10 yearsSame starting points. No Class 3 or 4 felony conviction in the past 20 years.

How to apply

  1. Fill out form CC-1201 (and the CC-1201(A) addendum if needed) with the arrest date, arresting agency, case numbers and disposition dates, and attach the warrant, summons or indictment if you can get it.
  2. File in the circuit court of the county or city where the case ended.
  3. After filing, ask the Virginia State Police to send your criminal history record to the court, online through the State Police portal or in writing. Fingerprints aren't required.
  4. Deliver a copy of the petition to the Commonwealth's Attorney by hand or mail to avoid service fees. The Commonwealth's Attorney has 30 days to object or say there's no objection.
  5. The court may grant without a hearing if the Commonwealth's Attorney doesn't object in writing and agrees you're eligible; otherwise it may hold a hearing. Either side can appeal.
Where to file
Circuit court of the county or city where the case was disposed of.
Cost
No court fees or costs to file (Va. Code § 19.2-392.12(B)). Other costs can apply, such as for the State Police record, notarizing, or having the petition served.
Court hearing
Sometimes
How long it takes
The Commonwealth's Attorney has 30 days to respond after receiving the petition.

Official forms

Sealing

"Automatic petition" sealing

Same effect as other sealing. Despite the name, you file a petition; the court must seal if the conditions are met.7,8,10

What it's for: Nine listed low-level offenses (such as petit larceny, shoplifting, trespass, underage alcohol possession, drug paraphernalia and disorderly conduct), and related matters for offenses already sealed automatically.

Who can use it

  • Convictions or deferred dismissals for § 4.1-305; misdemeanor § 18.2-96 or § 18.2-103; § 18.2-119, 18.2-120 or 18.2-134; misdemeanor § 18.2-248.1; § 18.2-265.3(A); or § 18.2-415, with an offense date on or after January 1, 1986 (Va. Code § 19.2-392.12:1(A)).
  • Seven years since the conviction or deferred dismissal, with no reportable conviction during that time (traffic infractions don't count).
  • Related ('ancillary') matters tied to an offense already sealed automatically, with no waiting period (§ 19.2-392.12:1(B)).
  • No lifetime limit; these petitions don't count toward the two-petition limit for regular petition sealing.

What doesn't qualify

  • A matter finalized on the same date as an ineligible conviction or deferred dismissal.

How long you have to wait

RecordWaiting period
Listed offense conviction or deferred dismissal7 years
Ancillary matter for an already sealed offenseNone

How to apply

  1. Fill out form CC-1203 and the CC-1203(A) or CC-1203(B) addendum.
  2. File in the circuit court where the case ended and ask the State Police to send your record to the court.
  3. Deliver a copy to the Commonwealth's Attorney, who may object within 30 days.
Where to file
Circuit court of the county or city where the case was disposed of.
Cost
No court fees or costs to file (Va. Code § 19.2-392.12:1).
Court hearing
Sometimes

Official forms

Expungement

Expungement of police and court records

Police and court records of the charge are expunged and the order is sealed. Employers and schools may not require applicants to disclose expunged arrests or charges, and applicants for licenses, permits or government services may decline to disclose them; willful violations are a Class 1 misdemeanor (Va. Code § 19.2-392.4).11,12,13

What it's for: Charges that ended in acquittal, nolle prosequi or dismissal, and records created through identity theft.

Who can use it

  • Acquittals, nolle prosequi, and dismissals, including dismissal by accord and satisfaction (Va. Code § 19.2-392.2(A)).
  • People whose name or identity was used without consent by someone else who was charged.
  • A person with no prior criminal record who was arrested for a misdemeanor or charged with a civil offense is entitled to expungement unless the Commonwealth shows good cause otherwise.
  • Starting December 1, 2026 (2026 Acts ch. 1127, SB 230): anyone arrested, charged, summonsed or indicted who was not ultimately convicted, except where there was a stipulation of facts sufficient for guilt or the court found facts sufficient for guilt and deferred the case.

What doesn't qualify

  • Convictions (use sealing instead).
  • Deferred dispositions where the court found facts sufficient for guilt (petition sealing covers deferred dismissals).

How long you have to wait

RecordWaiting period
Acquittal, nolle prosequi or dismissalNone

How to apply

  1. File a petition in the circuit court of the county or city where the case ended, with the charging document if available, the arrest date and agency, the charge, the final disposition date, your date of birth and the name used at arrest.
  2. Ask the Central Criminal Records Exchange (State Police) to send your Virginia criminal history to the court.
  3. Serve the Commonwealth's Attorney, who has 21 days to object or answer.
  4. The court holds a hearing, unless the Commonwealth's Attorney gives written notice of no objection (and, for a felony charge, also stipulates that the standard is met); then the court may grant without one.
Where to file
Circuit court of the county or city where the case was disposed of.
Cost
No court fees or costs for filing (Va. Code § 19.2-392.2).
Court hearing
Sometimes
How long it takes
The Commonwealth's Attorney has 21 days after service to respond.

Automatic clearing

Virginia enacted automatic and petition sealing in 2021 (Va. Code § 19.2-392.5 et seq.). The 2025 General Assembly (SB 1466 and HB 2723, 2025 Acts chs. 634 and 671) reworked it and moved most provisions to July 1, 2026, to give courts and the State Police time to build the systems. Automatic sealing now covers listed misdemeanor convictions after 7 years, former marijuana possession, misdemeanor acquittals and dismissals with prejudice, older misdemeanor non-convictions, and traffic infractions after 11 years. The State Police had until October 1, 2026 to send the first list of convictions eligible for automatic sealing, so some eligible records may not show as sealed yet.2,4,7,9

DUI and DWI records in Virginia

DUI convictions can't be sealed in Virginia. § 18.2-266 (driving while intoxicated), § 18.2-266.1 (drivers under 21 after drinking), § 18.2-268.3 (refusal), DUI-related involuntary manslaughter, boating and aircraft under the influence, and commercial-vehicle DUI and refusal (§§ 46.2-341.24, 46.2-341.26:3) are all on the list of offenses ineligible for petition sealing (Va. Code § 19.2-392.12(L)), and DUI isn't on the automatic sealing list. The 2025 legislation added DUI-related offenses to the ineligible list. A DUI charge that ended in acquittal or dismissal can be sealed as a non-conviction or expunged under § 19.2-392.2.5,6,9

Arrests and dismissed charges

Since July 1, 2026, misdemeanor acquittals and dismissals with prejudice are sealed automatically at the end of the case unless the person objects; felony acquittals and dismissals with prejudice are sealed if the person asks and the Commonwealth's Attorney agrees (Va. Code § 19.2-392.8). The State Police also review older misdemeanor non-convictions once a year and seal them if the person has no convictions and no reportable arrests or charges in the past 3 years (§ 19.2-392.11). Nolle prosequi and dismissals without prejudice aren't sealed at case conclusion; for those, and for any non-conviction, a person can petition for expungement under § 19.2-392.2, with no court fee. From December 1, 2026, expungement covers anyone not ultimately convicted (except where facts sufficient for guilt were found or stipulated), uses a 'potential manifest injustice' standard, and a prior conviction alone can't be the reason for denial (2026 Acts ch. 1127, SB 230).2,3,11

Marijuana records

All criminal and civil charges and convictions for marijuana possession under former § 18.2-250.1 are sealed automatically, no matter when the case ended (Va. Code § 19.2-392.6:1), except that the DMV won't seal where federal rules forbid it. Misdemeanor marijuana distribution convictions (§ 18.2-248.1) are sealed automatically 7 years after conviction if the person has no new reportable convictions (§ 19.2-392.6), and can also be sealed through the 'automatic petition' process (§ 19.2-392.12:1).1,2,3

What employers can see afterward

State and local agencies, private employers not subject to federal hiring rules, and educational institutions may not require applicants to disclose sealed arrests, charges or convictions (Va. Code § 19.2-392.15(A)). Exceptions include applications to the State Police, police departments and sheriff's offices, inquiries required by Virginia or federal law, and positions with national security requirements. Similar protections apply to license, housing and insurance applications. Employers and schools also may not require disclosure of expunged records, and willful violations are a Class 1 misdemeanor (§ 19.2-392.4). Sealed offenses must still be disclosed for some jobs, in child custody proceedings and for jury service, and out-of-state and federal employers may still ask (Virginia State Crime Commission). We did not confirm whether Virginia has a general 'ban the box' law for private employers.2,3,12

Free help in Virginia

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.15,16,17
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.18,19

This page explains Virginia's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Virginia?" https://secondchanceindex.com/record-clearing/virginia, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.7, 19.2-392.17
  2. Va. Code Title 19.2, Chapter 23.2 (Sealing of Criminal Records), full textVirginia General Assembly (Legislative Information System)
  3. Sealing FAQsVirginia State Crime Commission
  4. 2025 Annual Report: Sealing of Criminal Records UpdateVirginia State Crime Commission
  5. Va. Code § 19.2-392.12
  6. Petition Sealing: Ineligible and Excluded Offenses (as of 7/1/25)Virginia State Crime Commission
  7. Sealing of Criminal RecordsVirginia State Police
  8. Circuit Court Criminal Sealing FormsVirginia's Judicial System
  9. The Wait to Seal: Virginia's New Record Sealing Law Nears Implementation (Virginia Lawyer, December 2025)Virginia State Bar
  10. Va. Code § 19.2-392.12:1
  11. Va. Code § 19.2-392.2
  12. Va. Code § 19.2-392.4Virginia General Assembly (Legislative Information System)
  13. Sealing of Criminal RecordsVirginia State Crime Commission
  14. VLRS waives fee for record sealing (July 24, 2026)Virginia State Bar
  15. List of consumer reporting companiesConsumer Financial Protection Bureau
  16. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  17. Employer Background Checks and Your RightsFederal Trade Commission
  18. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  19. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)