Clearing a criminal record in Virginia
In Virginia it is called sealing or expungement: sealing blocks public access to records held by the State Police, courts, local police and the DMV. Some misdemeanor and felony convictions may be cleared, and Virginia also clears some records automatically (Automatic sealing).
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in Virginia?
Sealing; expungement (for charges that did not end in a conviction) — Sealing (available since July 1, 2026) blocks public access to records held by the State Police, courts, local police and the DMV; agencies answer that no record exists, but government agencies can still share it among themselves for their legal duties. Expungement is an older remedy for charges that ended in acquittal, dismissal or nolle prosequi: the police and court records are removed from public view by court order.
Virginia has 3 ways to clear a record. Each covers different records and has its own waiting period.
Petition for sealing (Va. Code § 19.2-392.12)
Convictions and deferred-and-dismissed charges for misdemeanors, Class 5 and 6 felonies, and grand larceny or other felonies punished as larceny (offense date on or after January 1, 1986), plus related matters such as probation violations and failures to appear
| Kind of case | Waiting period | Counted from |
|---|---|---|
Misdemeanor conviction or deferred dismissal | 7 years You must go 7 years with no new reportable conviction anywhere (traffic infractions do not count). | The latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it |
Eligible felony conviction or deferred dismissal | 10 years You must go 10 years with no new reportable conviction anywhere (traffic infractions do not count). | The latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it |
- Not eligible
- Class 1-4 felonies and felonies punishable by life; you are also barred if you have ever been convicted of a Class 1 or 2 felony, a Class 3 or 4 felony in the past 20 years, or any other felony in the past 10 years. Excluded offenses include DUI and many others listed in § 19.2-392.12(L): sex offenses requiring registration, violent felonies, felonies involving a firearm (unless firearm rights were restored), protective order violations, hate crimes, animal cruelty, election law crimes, date-rape drug offenses, not guilty by reason of insanity, dangerous or vicious dog offenses, and any offense against a family or household member.
- Limits
- You can have only 2 petitions granted under this section in your lifetime. Each petition can cover only charges from the same incident.
Law: Va. Code § 19.2-392.12; § 18.2-266
Source: Official text
Petition for sealing of offenses eligible for automatic sealing (Va. Code § 19.2-392.12:1)
Convictions or deferred dismissals for nine misdemeanors: underage alcohol, petit larceny, shoplifting, trespass, misdemeanor marijuana distribution, sale or possession of drug paraphernalia and disorderly conduct; also related matters (probation violations, failures to appear) linked to a record that was already automatically sealed
| Kind of case | Waiting period | Counted from |
|---|---|---|
One of the nine listed misdemeanors | 7 years Wait 7 years with no new reportable conviction anywhere (traffic infractions do not count). | Conviction or dismissal of the deferred charge |
- Not eligible
- Not available if the charge or conviction was finalized on the same date as a conviction or deferred dismissal that is not eligible under this section.
- Limits
- No lifetime limit; these petitions do not count toward the 2-petition limit.
Law: Va. Code § 19.2-392.12:1; § 4.1-305; § 18.2-96; § 18.2-103; §§ 18.2-119, 18.2-120, 18.2-134; § 18.2-248.1; § 18.2-265.3(A); § 18.2-415
Source: Official text
Petition for expungement (Va. Code § 19.2-392.2)
Charges that ended in acquittal, nolle prosequi or dismissal (not a deferred dismissal after facts sufficient for guilt), and charges filed against you because someone else used your name or identity
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquittal, nolle prosequi or dismissal | No waiting period No waiting period. | Final disposition |
- Not eligible
- Deferred dispositions dismissed after a finding of facts sufficient for guilt (these may qualify for sealing instead).
Law: Va. Code § 19.2-392.2
Source: Official text
When can I file? Waiting periods in Virginia
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in Virginia
Petition for sealing (Va. Code § 19.2-392.12)
File the petition in the circuit court of the county or city where the case ended, with a copy of the warrant, summons or indictment if available. Mail or deliver a copy to the Commonwealth's Attorney, who has 30 days to object. Ask the State Police (CCRE) to send your Virginia and national record to the court. The court may hold a hearing. You must show restitution is paid, rehabilitation if alcohol or drugs were involved, and that keeping the record public causes or may cause a manifest injustice. If the prosecutor agrees and stipulates that you are eligible, the judge may seal without a hearing.
Source: form CC-1201
- Cost
- No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.
Law: Va. Code § 19.2-392.12(B)
Petition for sealing of offenses eligible for automatic sealing (Va. Code § 19.2-392.12:1)
File the petition in the circuit court where the case ended, give a copy to the Commonwealth's Attorney (30 days to respond), and ask the State Police to send your record to the court. If 7 years have passed with no new reportable conviction, the court must seal the record; you do not have to show a manifest injustice. If the prosecutor agrees and stipulates you are eligible, the court may seal without a hearing.
Source: form CC-1203
- Cost
- No court fees or costs to file.
Law: Va. Code § 19.2-392.12:1(C)
Petition for expungement (Va. Code § 19.2-392.2)
File a petition in the circuit court where the case was dismissed or you were acquitted, with the warrant or summons if available, and ask the State Police (CCRE) to send your record to the court. Serve the Commonwealth's Attorney, who has 21 days to object. The court holds a hearing and grants it if keeping the record causes or may cause a manifest injustice. If you have no prior record and the charge was a misdemeanor or civil offense, you are entitled to expungement unless the prosecutor shows good cause.
- Cost
- No court fees or costs to file.
Law: Va. Code § 19.2-392.2(A), (B)
Court self-help
Free help in Virginia
- Virginia Legal Aid (valegalaid.org) · 866-534-5243
- Legal Aid Justice Center
- Virginia Lawyer Referral Service (Virginia State Bar; 30-minute consultation for $35) · 800-552-7977
- Find free legal aid at LawHelp.org
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (Virginia State Police, Central Criminal Records Exchange (CCRE)) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for Virginia.
Clearing a record in Virginia by topic
Petition for sealing (Va. Code § 19.2-392.12) in Virginia
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in Virginia
How long you wait for each kind of case, and a date helper.
How to file in Virginia
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in Virginia
- Law
- Automatic sealing
- What is cleared
- Sealed with no petition: (1) misdemeanor convictions for petit larceny, shoplifting, trespass, misdemeanor marijuana distribution and disorderly conduct (offense date on or after January 1, 1986) once 7 years have passed since the conviction with no new reportable conviction anywhere, unless you were convicted of a non-eligible offense on the same date; (2) every charge or conviction for possession of marijuana under former § 18.2-250.1, sealed without a court order; (3) misdemeanor acquittals and dismissals with prejudice, sealed by the court at the end of the case unless you object; (4) felony acquittals and dismissals with prejudice, if you ask out loud right away and the prosecutor agrees; (5) older misdemeanor acquittals, nolle prosequis and dismissals for people with no convictions on their record and no new arrests or charges in the past 3 years (State Police review at least yearly); (6) non-criminal traffic infractions, 11 years after final disposition.
- Started
- July 1, 2026 (2025 Va. Acts chs. 634 and 671, enactment clauses 5-7). The State Police had to send the first list of convictions eligible for automatic sealing by October 1, 2026 (enactment clauses 8 and 13); after that, lists go out at least monthly. Separately, a revised expungement law for charges that did not end in conviction takes effect December 1, 2026.
- Check your record
- Official status page
Law: Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.17; Va. Code §§ 2025 Va. Acts chs. 634, 671; 2026 Va. Acts ch. 1127
Marijuana records in Virginia
Every charge or conviction for possession of marijuana under former Va. Code § 18.2-250.1 (criminal or civil) is sealed without a court order by the State Police, courts, police and DMV. Misdemeanor marijuana distribution convictions are sealed automatically after 7 years without a new conviction, and related matters can be sealed by petition.
Law: Va. Code § 19.2-392.6:1; Va. Code § 19.2-392.12:1
Juvenile records in Virginia
Juvenile court clerks destroy a person's juvenile records each year once the person is 19 and 5 years have passed since the last hearing; records of offenses reported to the DMV are kept until age 29, and records of acts that would be felonies for an adult are kept. If you were found not guilty or the case was dismissed, you can ask the juvenile court to destroy those records. Juveniles tried as adults in circuit court can use the adult sealing laws.
Law: Va. Code § 16.1-306; Va. Code § 19.2-392.5(B)
Pardons in Virginia
- Who decides
- Governor of Virginia (petitions handled by the Secretary of the Commonwealth)
- How
- Submit a pardon petition online or by mail with the pardon questionnaire. A simple pardon (official forgiveness; the record is marked 'pardon' but not removed) requires that you have completed all court conditions on all convictions. An absolute pardon, for people shown to be innocent, leads to court-ordered expungement. Clemency staff: 804-692-2542.
Law: Va. Const. art. V, § 12; Va. Code § 19.2-392.2(I)
After your record is cleared in Virginia
After sealing you may deny or not disclose the arrest, charge or conviction to any state or local agency or private employer in Virginia, and you cannot be charged with perjury for it. Exceptions: you must disclose it when applying to the State Police or a state or local police or sheriff's office, when state or federal law requires the employer to ask, for national-security positions, in child custody proceedings, and (for sealed felonies) when called for jury service. Sealed records still count in later sentencing and bail decisions, and sealing does not restore firearm or civil rights. A sealed offense is not a "barrier crime" for jobs that screen for them, unless federal law requires it. Background-screening companies may not share sealed records.
Law: Va. Code §§ 19.2-392.5(D)-(K), 19.2-392.16
Get your own record in Virginia
Virginia State Police, Central Criminal Records Exchange (CCRE)
Create form SP-167 at vspapps.vsp.virginia.gov, print it, have your signature notarized, and mail it with payment to the Virginia State Police (about 15 to 20 business days); in Richmond you can drop it off at VSP headquarters with exact cash or a money order. VSP's FAQ refers to $15 and $20 checks. For a sealing petition, you instead ask the CCRE to send your record directly to the circuit court.
Letter: ask the state records office for a copy of your record
Good to know in Virginia
- Virginia's sealing law (2021 law, amended by 2025 Va. Acts chs. 634 and 671) took effect July 1, 2026 (Virginia State Police; Virginia State Crime Commission 2025 report).
- Most petitions are free to file, but you can win only 2 petitions under the main sealing statute in your lifetime.
Law: Va. Code § 19.2-392.12
- From December 1, 2026, a new version of the expungement law covers any infraction, crime or civil offense that did not end in a conviction, lets one petition cover several separate charges, and says a prior conviction alone is not enough to deny expungement.
Law: Va. Code § 19.2-392.2, version effective December 1, 2026
Changes in 2024–2026
2025 Va. Acts chs. 634 and 671 revised the 2021 sealing law and set it to begin July 1, 2026, adding sealing of all marijuana possession records without a court order and the free petition under § 19.2-392.12:1; the State Police's first automatic-sealing list was due by October 1, 2026. 2026 Va. Acts Special Session I, ch. 1 (marijuana law) changes the references to marijuana distribution in §§ 19.2-392.6 and 19.2-392.12:1 effective July 1, 2027. 2026 Va. Acts ch. 1127 rewrites the expungement statute effective December 1, 2026.
Law: SB 1466, HB 2723; § 19.2-392.6:1; § 19.2-392.2
Questions about clearing a record in Virginia
What is clearing a record called in Virginia?
Sealing; expungement (for charges that did not end in a conviction). Sealing (available since July 1, 2026) blocks public access to records held by the State Police, courts, local police and the DMV; agencies answer that no record exists, but government agencies can still share it among themselves for their legal duties. Expungement is an older remedy for charges that ended in acquittal, dismissal or nolle prosequi: the police and court records are removed from public view by court order.
Can convictions be cleared in Virginia?
Petition for sealing: Convictions and deferred-and-dismissed charges for misdemeanors, Class 5 and 6 felonies, and grand larceny or other felonies punished as larceny (offense date on or after January 1, 1986), plus related matters such as probation violations and failures to appear. Petition for sealing of offenses eligible for automatic sealing: Convictions or deferred dismissals for nine misdemeanors: underage alcohol, petit larceny, shoplifting, trespass, misdemeanor marijuana distribution, sale or possession of drug paraphernalia and disorderly conduct; also related matters (probation violations, failures to appear) linked to a record that was already automatically sealed. Petition for expungement: Charges that ended in acquittal, nolle prosequi or dismissal (not a deferred dismissal after facts sufficient for guilt), and charges filed against you because someone else used your name or identity.
How long do I have to wait in Virginia?
Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Eligible felony conviction or deferred dismissal: 10 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Acquittal, nolle prosequi or dismissal: No waiting period, counted from final disposition.
Does Virginia clear records automatically?
Sealed with no petition: (1) misdemeanor convictions for petit larceny, shoplifting, trespass, misdemeanor marijuana distribution and disorderly conduct (offense date on or after January 1, 1986) once 7 years have passed since the conviction with no new reportable conviction anywhere, unless you were convicted of a non-eligible offense on the same date; (2) every charge or conviction for possession of marijuana under former § 18.2-250.1, sealed without a court order; (3) misdemeanor acquittals and dismissals with prejudice, sealed by the court at the end of the case unless you object; (4) felony acquittals and dismissals with prejudice, if you ask out loud right away and the prosecutor agrees; (5) older misdemeanor acquittals, nolle prosequis and dismissals for people with no convictions on their record and no new arrests or charges in the past 3 years (State Police review at least yearly); (6) non-criminal traffic infractions, 11 years after final disposition.
How much does it cost to clear a record in Virginia?
Petition for sealing: No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it. Petition for sealing of offenses eligible for automatic sealing: No court fees or costs to file. Petition for expungement: No court fees or costs to file.
Can a marijuana record be cleared in Virginia?
Every charge or conviction for possession of marijuana under former Va. Code § 18.2-250.1 (criminal or civil) is sealed without a court order by the State Police, courts, police and DMV. Misdemeanor marijuana distribution convictions are sealed automatically after 7 years without a new conviction, and related matters can be sealed by petition.
Can juvenile records be cleared in Virginia?
Juvenile court clerks destroy a person's juvenile records each year once the person is 19 and 5 years have passed since the last hearing; records of offenses reported to the DMV are kept until age 29, and records of acts that would be felonies for an adult are kept. If you were found not guilty or the case was dismissed, you can ask the juvenile court to destroy those records. Juveniles tried as adults in circuit court can use the adult sealing laws.
What can I say after my record is cleared in Virginia?
After sealing you may deny or not disclose the arrest, charge or conviction to any state or local agency or private employer in Virginia, and you cannot be charged with perjury for it. Exceptions: you must disclose it when applying to the State Police or a state or local police or sheriff's office, when state or federal law requires the employer to ask, for national-security positions, in child custody proceedings, and (for sealed felonies) when called for jury service. Sealed records still count in later sentencing and bail decisions, and sealing does not restore firearm or civil rights. A sealed offense is not a "barrier crime" for jobs that screen for them, unless federal law requires it. Background-screening companies may not share sealed records.
How do I get a copy of my criminal record in Virginia?
Create form SP-167 at vspapps.vsp.virginia.gov, print it, have your signature notarized, and mail it with payment to the Virginia State Police (about 15 to 20 business days); in Richmond you can drop it off at VSP headquarters with exact cash or a money order. VSP's FAQ refers to $15 and $20 checks. For a sealing petition, you instead ask the CCRE to send your record directly to the circuit court.
Where can I get free help in Virginia?
Virginia Legal Aid (valegalaid.org), Legal Aid Justice Center and Virginia Lawyer Referral Service (Virginia State Bar; 30-minute consultation for $35).