On July 1, 2026, Virginia is scheduled to launch a substantially expanded system for sealing certain criminal records. The new framework is not a blanket erasure of all criminal history. Instead, it creates a hybrid system: some records may be sealed automatically, while others will require a petition in circuit court.
For many Virginians, the change could reduce the long-term impact of old arrests, dismissed charges, and certain convictions on employment, housing, education, licensing, and everyday background checks. But eligibility will depend on the offense, the disposition, the passage of time, the person’s later criminal history, and several statutory exclusions.
The Big Picture: Sealing Is Expanding, But It Is Not the Same as Expungement
Virginia has long had an expungement process, but it has generally been limited and often required filing a petition. The new laws create a broader sealing regime under Chapter 23.2 of Title 19.2 of the Virginia Code, covering criminal history record information and court records.
In practical terms, sealing generally means that covered records are no longer publicly available and may not be disseminated except for specific permitted purposes. It does not necessarily mean the record is physically destroyed, and it does not make the event legally irrelevant in every context. Certain agencies, courts, employers, and official users may still access sealed records when a statute authorizes access.
By contrast, Virginia’s existing expungement law remains available in certain circumstances. The new sealing provisions expressly state that automatic sealing of certain misdemeanor non-convictions does not prohibit a person from seeking expungement under existing law.
What Records May Be Sealed Automatically?
One of the most important changes is the creation of automatic sealing for certain records. “Automatic” does not mean every eligible record will disappear instantly on July 1, 2026. The statutes require electronic identification, coordination between the Virginia State Police, the Executive Secretary of the Supreme Court, and circuit court clerks, and entry or implementation of sealing orders or sealing processes.
Certain Misdemeanor Convictions
Virginia Code § 19.2-392.6 provides automatic sealing for a limited list of misdemeanor convictions with offense dates on or after January 1, 1986. The listed offenses include certain misdemeanor violations involving petit larceny, concealment, trespass, marijuana possession, disorderly conduct, and related offenses. identified in the statute.
For these convictions, the general waiting period is seven years from the date of conviction, and the person must not have been convicted of another reportable offense during that seven-year period, excluding traffic infractions. A listed conviction is not automatically sealed if, on the same date, the person was also convicted of another offense that is not eligible for automatic sea
What Records May Require a Petition?
Not every record eligible for sealing will be sealed automatically. Many people will need to file a petition in the circuit court where the case was disposed of.
Deferred Dismissals and Certain Convictions
Virginia Code § 19.2-392.12 allows a person to petition to seal certain records involving:
- a misdemeanor;
- a Class 5 or Class 6 felony;
- a felony larceny offense punished under Virginia Code § 18.2-95; or
- a charge that was deferred and dismissed,
so long as the offense date was on or after January 1, 1986 and the statutory criteria are met.
The petition process is designed to be administered through the Circuit Courts of Virginia. The Commonwealth’s Attorney must be made a party, and the petitioner must request that the Central Criminal Records Exchange forward the petitioner’s Virginia and national criminal history record to the circuit court.
Waiting Periods and Required Findings
For petition-based sealing under Virginia Code § 19.2-392.12, the court may order sealing only if the statutory criteria are met. Among other requirements:
- the petitioner must satisfy criminal-history limitations, including no Class 1 or 2 felony and no felony punishable by life imprisonment;
- the petitioner must have avoided reportable convictions for the required waiting period;
- the waiting period is generally seven years for misdemeanors and ten years for felonies;
- restitution, if ordered, must have been paid in full;
- the petitioner must not have already obtained sealing of two other deferrals or convictions from different sentencing events under that section; and
- the continued existence or dissemination of the record must cause, or may cause, circumstances constituting a manifest injustice to the petitioner.
Related Charges and Ancillary Matters
Virginia Code § 19.2-392.12:1 creates an additional petition route for certain charges, convictions, and ancillary matters related to automatic sealing. For example, a person may petition to seal certain qualifying charges or convictions, and may also seek sealing of specifically identified matters related to a charge or conviction that has already been sealed under specified automatic-sealing provisions. Petitions under this section are not counted against the two-petition lifetime limit that applies under Virginia Code § 19.2-392.12.
What Records Are Not Eligible?
The new laws contain important exclusions. Virginia Code § 19.2-392.12 lists many offenses that are ineligible for petition-based sealing under that section. The exclusions include, among others, certain violent offenses, sex-offender-registry offenses, protective-order violations, hate crimes, certain animal-cruelty and election-law offenses, certain firearm-related offenses, certain offenses involving family or household-member victims, and other specifically listed offenses.
The practical takeaway is simple: eligibility must be evaluated charge by charge and disposition by disposition. A person with an old record should not assume that an offense is eligible merely because time has passed, the offense was a misdemeanor, or the person has had no recent convictions.
What Does Sealing Do — and What Does It Not Do?
When a record is sealed, the Department of State Police generally may not disseminate the sealed criminal history record information except for purposes allowed by statute. Court records are also restricted from public online viewing and generally may not be disseminated by the clerk except as authorized.
But sealed does not mean inaccessible for every purpose. Virginia Code § 19.2-392.13 permits use or disclosure of sealed records in numerous circumstances, including certain firearm-eligibility checks, law-enforcement and public-safety employment screening, federal-law-required employment inquiries, national-security-related positions, criminal discovery obligations, protective order proceedings, child custody-related proceedings, jury eligibility determinations, pretrial and sentencing uses, and access by the person whose record was sealed.
Is the July 1, 2026 Date Still on Track?
Official state materials currently indicate that the sealing framework is scheduled for implementation on July 1, 2026. The Virginia State Crime Commission has stated that sealing is on schedule for implementation on that date, and the official Code of Virginia chapter identifies the relevant provisions as effective July 1, 2026.
Because implementation depends on data matching, court systems, agency procedures, and statutory rulemaking, clients should expect that some records may require review even after the effective date. A person who believes a record should have been sealed automatically may still need to confirm whether the record was correctly identified and processed.
What Should Clients Do Now?
People with Virginia criminal records should consider taking the following steps before July 1, 2026:
- Obtain a complete criminal history record. Eligibility often depends on the exact charge, offense date, disposition, conviction date, and later criminal history.
- Identify each case separately. One case may include multiple charges, and each charge may have a different disposition or eligibility analysis.
- Separate automatic-sealing candidates from petition-based candidates. Some records may be handled through the automatic process, while others may require a circuit-court petition.
- Check for disqualifying convictions or same-day ineligible offenses. Later convictions, recent arrests, or convictions entered on the same date as an otherwise eligible offense may affect eligibility.
- Confirm restitution and other court obligations. Petition-based sealing may require restitution to be paid in full.
- Do not assume sealed means erased. Sealed records may still be available for specific official, employment, law-enforcement, court, firearm, child-custody, and federal-law purposes.
Bottom Line
Virginia’s July 1, 2026 sealing laws represent a major shift for people with certain old criminal records. The new framework may provide meaningful relief for eligible individuals, especially those with qualifying misdemeanors, dismissed charges, acquittals, and older non-convictions. But the system is detailed, offense-specific, and full of exceptions.
Our Attorneys, with over 70 years of combined experience navigating the courts of Virginia are here to help anyone looking to have old convictions sealed or expunged. We understand that some matters that may have happened in the past can still be affecting some of life’s most important areas such as employment, housing, education, licensing, and everyday background checks. We can help you navigate the legal remedies available to you and provide counsel to you on such things as eligibility, timing, petition requirements, and the practical effect of sealing or expunging your records.