How long you wait to clear a record in Virginia
The Virginia waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in Virginia law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Petition for sealing (Va. Code § 19.2-392.12)
- Waiting periods
- 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
When can I file 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.
Waiting periods: 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
Source: Official text
Waiting periods: 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
Source: Official text
Waiting periods: 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
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.
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.
Law: 2026 Va. Acts ch. 1127
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
In nearby states
- West Virginia: Acquittal or dismissal: File no sooner than 60 days after the acquittal or dismissal, counted from order of acquittal or dismissal
- District of Columbia: Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
- North Carolina: Charge dismissed or found not guilty: No waiting period, counted from the final disposition of the charges
What to do now in Virginia
Find your dates
Use the dates on your court papers, not your memory.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Get the forms
Once enough time has passed, see how to file. How to file.
Talk to legal aid
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 waiting periods in Virginia
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.
What is the waiting period 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.
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.
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).