Petition for sealing (Va. Code § 19.2-392.12) in Virginia: which records can be cleared
What Virginia law lets you clear, record by record.
Checked against official sources: October 25, 2026.
Short answer
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).
- Main remedy
- Petition for sealing (Va. Code § 19.2-392.12)
- What it covers
- 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.
- Ways to clear a record
- 3
- Automatic relief
- Yes
Which records can 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
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
What you can say afterwards
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
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)
Cannabis convictions 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
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)
In nearby states
- West Virginia: Expungement
- District of Columbia: Record sealing and expungement
- North Carolina: Expunction (also called expungement)
- Maryland: Expungement; shielding
What to do now in Virginia
Get your own record
Your record lists each case; you need it to see which remedy fits. Virginia State Police: Sealing of Criminal Records (FAQ) and Virginia Courts: Guide for Sealing Virginia Criminal Records (§ 19.2-392.12).
Check the waiting period
The law sets a wait for each kind of case. Waiting periods.
Start the case
The court decides each request. How to file.
Get help
Legal aid can help for free: Virginia Legal Aid (valegalaid.org) and Legal Aid Justice Center.
Where to get free help in Virginia
Questions about clearing a record in Virginia
What is the legal term 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 I clear a conviction 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.
Will Virginia clear my record on its own?
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.
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.