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Virginia Expungement Laws: § 19.2-392.2 and Virginia's New Sealing Law

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed October 4, 20269 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

Virginia Expungement Laws: § 19.2-392.2 and Virginia's New Sealing Law

Virginia operates two regimes for clearing criminal records: traditional expungement under Va. Code § 19.2-392.2, limited to arrests that did not result in conviction, and a new sealing framework under Chapter 23.2 that has been in effect since July 1, 2026, introducing automatic sealing for eligible misdemeanor convictions under § 19.2-392.6 alongside a petition-based sealing pathway. A separate, amended version of § 19.2-392.2 itself takes effect December 1, 2026.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article addresses Virginia state law only, covering expungement under Va. Code § 19.2-392.2 and the sealing framework under Va. Code §§ 19.2-392.5 through 19.2-392.17. It does not address federal record relief or the laws of other states. For a 50-state overview, see Expungement Laws by State.

What Virginia Expungement Covers: § 19.2-392.2

Under Va. Code § 19.2-392.2, a person may petition a Virginia circuit court for expungement of police and court records when a criminal charge ended without a conviction. Qualifying outcomes include acquittal, nolle prosequi, dismissal, and accord and satisfaction. A person whose identity was wrongfully used in a criminal proceeding may also petition under this section. Expungement is not available under § 19.2-392.2 for a charge that resulted in a guilty verdict, a guilty plea, or an Alford plea. Courts grant petitions when continued existence of the record "causes or may cause circumstances which constitute a manifest injustice" to the petitioner. However, a petitioner with no prior criminal history who was arrested for a misdemeanor or a civil offense receives expungement as a matter of right, absent a showing of good cause to deny by the Commonwealth. For mandatory scenarios such as mistaken identity, absolute pardons, or vacated convictions, the court must order expungement. The policy statement in § 19.2-392.1 recognizes that arrest records create obstacles to employment and education even when no conviction resulted.

Key statute: Va. Code § 19.2-392.2. The fee waiver for petitions under this section is already in effect under current law.

How to File an Expungement Petition in Virginia

To seek expungement under § 19.2-392.2, a petitioner files in the circuit court of the county or city where the case was disposed. The petition must include: a copy of the warrant, summons, or indictment if available; the arrest date and name of the arresting agency; the specific criminal charge; the date of final disposition; and the petitioner's date of birth and full name used at the time of arrest. The petitioner must request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of their Virginia criminal history record to the circuit court under seal. A copy of the petition must be served on the Commonwealth's Attorney in the same jurisdiction. For cases involving identity theft claims, one complete set of fingerprints obtained from a law enforcement agency is required. The Commonwealth's Attorney has the opportunity to object. If no objection is filed and the petitioner qualifies for relief as of right, the court may act without a hearing. Upon entry of an expungement order, the clerk forwards it to the Virginia Department of State Police, which directs appropriate expungement or removal of the records. No court filing fee or costs apply to expungement petitions under this section; this fee waiver is already part of current law.

hands typing on a laptop showing a blank application form

Key statute: Va. Code § 19.2-392.2; Form CC-1473 (Petition for Expungement, Virginia Judicial System).

Automatic Sealing Under § 19.2-392.6 (In Effect Since July 1, 2026)

Virginia's most significant criminal-record reform in decades, Va. Code Chapter 23.2, has been in effect since July 1, 2026. Under Va. Code § 19.2-392.6, certain misdemeanor convictions are automatically sealed without any petition or court appearance by the person. The eligible offenses are convictions for: petit larceny (§ 18.2-96), concealing merchandise or shoplifting (§ 18.2-103), trespass after being forbidden to do so (§ 18.2-119), instigating trespass (§ 18.2-120), trespass on posted property (§ 18.2-134), misdemeanor marijuana distribution (§ 18.2-248.1), and disorderly conduct (§ 18.2-415). The offense date must be on or after January 1, 1986. To qualify, seven years must have passed since the date of conviction, and the person must not have been convicted during that period of any offense requiring a report to the CCRE (excluding traffic infractions). A conviction will not be automatically sealed if, on the same date as that conviction, the person was also convicted of a non-eligible offense. The process is government-initiated. The Department of State Police electronically identifies eligible records at least monthly, the Executive Secretary of the Supreme Court forwards qualifying cases to circuit court clerks, and a circuit court judge enters sealing orders. No action is required from the individual. The statute's effective date and the start of that monthly cycle are two different dates. Under the eighth and thirteenth enactments of 2025 Acts of Assembly c. 634, the State Police had until October 1, 2026 at the latest to transmit the first list of eligible convictions, so orders under this process were not required to begin flowing on July 1, 2026.

Marijuana possession records follow a separate and broader rule. Va. Code § 19.2-392.6:1, also effective July 1, 2026, directs that any criminal or civil matter that concluded as a charge or conviction under former § 18.2-250.1 be sealed without the entry of a court order, with no seven-year wait and whatever the final disposition was. The Central Criminal Records Exchange, the courts, law enforcement agencies, and the Department of Motor Vehicles each seal those records in their own systems. The one exception is the Department of Motor Vehicles, which may not seal such a record while federal record retention requirements or federal program requirements tied to a license suspension still apply. This applies only to former § 18.2-250.1; it does not reach marijuana offenses charged under other sections.

a printed map of the United States with small colored pins

Key statutes: Va. Code §§ 19.2-392.6, 19.2-392.7 (in effect since July 1, 2026).

Petition-Based Sealing Under § 19.2-392.12

For convictions and deferred-and-dismissed dispositions that do not qualify for automatic sealing, Va. Code § 19.2-392.12, in effect since July 1, 2026, provides a petition pathway. Eligible offenses include misdemeanors, Class 5 and 6 felonies, and grand larceny and larceny felonies, provided the offense date is on or after January 1, 1986. A petitioner must satisfy every criterion in subsection F: they must never have been convicted of a Class 1 or 2 felony or any felony punishable by life imprisonment; they must have no Class 3 or 4 felony conviction within the past 20 years; they must have no felony conviction within the past 10 years; the waiting period since final disposition must be at least seven years for misdemeanors and at least ten years for felonies, with no CCRE-reportable convictions during that period; if the records relating to the offense indicate that the occurrence leading to the deferral or conviction involved the use of or dependence upon alcohol, a narcotic drug, or any other self-administered intoxicant or drug, the petitioner must have demonstrated rehabilitation; full restitution ordered by the court must have been paid in full; and the petitioner must show that continued existence of the record causes or may cause manifest injustice. A lifetime cap of two granted petitions applies under this section. The petition is filed in circuit court, the Commonwealth's Attorney receives notice and has 30 days to object, and the court may act without a hearing if there is no objection and the Commonwealth stipulates eligibility. No filing fee applies. With a lifetime cap of two granted petitions and the Commonwealth's Attorney able to object, get a free consultation with a Virginia criminal defense lawyer on every subsection F criterion before you file (attorney advertising).

a clipboard with a blank petition form and a pen

Key statute: Va. Code § 19.2-392.12 (in effect since July 1, 2026).

What Sealing Does and Does Not Do in Virginia

Under Va. Code § 19.2-392.5 (in effect since July 1, 2026), sealing prohibits public access to records relating to an arrest, charge, or conviction held by the Virginia State Police, courts, local law enforcement agencies, sheriff's offices, and the Department of Motor Vehicles. Law enforcement must respond that no record exists regarding a sealed matter when asked by a member of the public, with exceptions for authorized disclosures. A person with a sealed record may lawfully deny or withhold information about the arrest or conviction from private employers and most government agencies, and cannot be prosecuted for perjury for doing so under § 19.2-392.5. Private background check companies must delete sealed criminal records under § 19.2-392.16. Sealing does not, however, restore firearm rights, eliminate financial obligations such as fines and restitution, or remove the offense from pretrial or sentencing reports in future proceedings under § 19.2-392.5. Access remains available for 28 specific purposes enumerated in § 19.2-392.13, including law enforcement employment screening, federally required background checks, national security clearances, and criminal justice functions. Sealed records are not sealed from other courts during sentencing.

Key statutes: Va. Code §§ 19.2-392.5, 19.2-392.13, 19.2-392.14, 19.2-392.15 (in effect since July 1, 2026).

Offenses Excluded from Sealing

Virginia's sealing law contains a broad list of offenses that cannot be sealed under any provision of Chapter 23.2. Under § 19.2-392.12, a Class 1 or 2 felony (or any felony punishable by life) is a permanent bar to petition-based sealing, while a Class 3 or 4 felony conviction is disqualifying only within a 20-year lookback window. Also excluded by name in § 19.2-392.12(L)(1): driving while intoxicated under § 18.2-266, driving after illegally consuming alcohol while younger than 21 under § 18.2-266.1, refusal of a breath or blood test under § 18.2-268.3, and commercial-vehicle DUI under § 46.2-341.24. Subsection L further excludes sex offenses requiring registration; violent felonies listed in § 17.1-805(C); felonies in which the person used a firearm; protective order violations; hate crimes; animal cruelty convictions; election-law offenses; and any offense whose victim was a family or household member. A petitioner who has ever been convicted of a Class 1 or 2 felony, or any felony carrying a life sentence, is ineligible for petition-based sealing regardless of how old that conviction is. For automatic sealing under § 19.2-392.6, the offense itself must be one of the seven listed categories; any other conviction on the same date disqualifies all records from that date.

Key statute: Va. Code § 19.2-392.12(L) (in effect since July 1, 2026).

Disclaimer: This page describes Virginia expungement and criminal record sealing law as of May 29, 2026. It presents general legal information and is not legal advice. The sealing provisions described in Va. Code Chapter 23.2 took effect July 1, 2026; a separate, amended version of Va. Code § 19.2-392.2 takes effect December 1, 2026. Statutes may change and individual circumstances vary. Consult a licensed Virginia attorney for advice on your specific situation.

Sources

The statutes and agency materials cited in this article are drawn from the Code of Virginia as published on the Virginia Legislative Information System and from materials published by the Virginia State Crime Commission.

Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026. Chapter 23.2 sealing provisions took effect July 1, 2026; the amended § 19.2-392.2 takes effect December 1, 2026.

More Virginia Laws

Frequently Asked Questions

How do you expunge your record in Virginia?

To expunge a record under Va. Code § 19.2-392.2, file a petition in the circuit court of the county or city where the case was disposed. The petition must include the warrant or summons if available, the arrest date, the arresting agency, the specific charge, the date of final disposition, and your date of birth and name at the time of arrest. Serve a copy on the Commonwealth's Attorney and request that the CCRE forward your criminal history to the court. The charge must have ended without a conviction: acquittal, nolle prosequi, or dismissal. No filing fee applies; this fee waiver is already part of current law.

What is the difference between expungement and sealing in Virginia?

Expungement under § 19.2-392.2 applies only to charges that did not result in a conviction. It directs State Police to expunge or remove those records. Sealing under Chapter 23.2, in effect since July 1, 2026, applies to a broader range of outcomes, including certain misdemeanor convictions, and prohibits public access to records while the records continue to exist within government systems. Sealing permits authorized government access for 28 specific purposes; expunged records are removed from the public-facing system entirely.

What does Virginia's record sealing law change in 2026?

Since July 1, 2026, Virginia's Chapter 23.2 sealing framework has been in effect. It creates automatic sealing for seven categories of misdemeanor convictions once seven years have passed since conviction with no disqualifying new offenses, under § 19.2-392.6. It also provides automatic sealing of acquittals and dismissals at the conclusion of a case under § 19.2-392.8, and a petition pathway for misdemeanors, Class 5 and 6 felonies, and larceny felonies under § 19.2-392.12. Private background check companies must delete sealed records under § 19.2-392.16. Separately, an amended version of the traditional expungement statute, § 19.2-392.2, takes effect December 1, 2026.

Can a conviction be expunged in Virginia?

Not under § 19.2-392.2, which covers only charges that ended without a conviction. However, since July 1, 2026, certain misdemeanor convictions can be sealed automatically under § 19.2-392.6 if seven years have passed since conviction with no subsequent qualifying offenses. Additional misdemeanor and certain felony convictions may qualify for petition-based sealing under § 19.2-392.12, but § 19.2-392.12(L) expressly excludes driving-while-intoxicated convictions under §§ 18.2-266 and 18.2-266.1 and test-refusal convictions under § 18.2-268.3, so a Virginia DUI conviction cannot be sealed under that section. Sealing restricts public access but does not remove records from government systems the way expungement does.

What offenses qualify for automatic sealing in Virginia?

Under § 19.2-392.6, in effect since July 1, 2026, the eligible convictions are: petit larceny (§ 18.2-96), concealing merchandise or shoplifting (§ 18.2-103), trespass after being forbidden to do so (§ 18.2-119), instigating trespass (§ 18.2-120), trespass on posted property (§ 18.2-134), misdemeanor marijuana distribution (§ 18.2-248.1), and disorderly conduct (§ 18.2-415). The offense must have occurred on or after January 1, 1986. Seven years must have passed since conviction with no CCRE-reportable convictions during that period, and no ineligible offense may have been convicted on the same date.

How long does it take to expunge a record in Virginia?

There is no statutory deadline for Virginia circuit courts to rule on expungement petitions under § 19.2-392.2. Processing time varies by jurisdiction. After the petition is filed and served on the Commonwealth's Attorney, the court may schedule a hearing or act on the papers if there is no objection. Total time from filing to a final order can range from a few weeks in straightforward cases to several months. For automatic sealing under § 19.2-392.6, which has been in effect since July 1, 2026, no action is required by the individual; the State Police and courts process eligible records at least monthly. The statutory deadline for the first State Police transmission of eligible convictions to the Executive Secretary of the Supreme Court and the interfacing circuit court clerks was October 1, 2026, so records became eligible before the monthly cycle was required to begin.

What is Va. Code § 19.2-392.2?

Va. Code § 19.2-392.2 is Virginia's principal expungement statute. It authorizes a person whose criminal charge ended without a conviction to petition a circuit court for expungement of police and court records. Qualifying outcomes include acquittal, nolle prosequi, dismissal, and accord and satisfaction. The court grants expungement when continued existence of the record causes or may cause manifest injustice. A petitioner with no prior record arrested for a misdemeanor or civil offense receives expungement as a matter of right absent Commonwealth objection. The fee waiver for petitions under this section is already part of current law.

Can a Virginia expungement or sealing restore gun rights?

No. Under Va. Code § 19.2-392.5, sealing does not restore firearm rights. Expungement under § 19.2-392.2 applies to non-conviction records; because no conviction occurred in eligible cases, firearm disqualifications based on that charge generally would not apply. Restoring firearm rights lost due to a Virginia felony conviction requires a separate governor's restoration-of-rights process and, in most cases, a separate federal relief application.

Updates

Corrected the petition-based sealing requirements to include the statutory rehabilitation showing for alcohol- and drug-related offenses, and added Virginia’s DUI and test-refusal offenses to the list of convictions that cannot be sealed.

Corrected this page's central date error: Virginia's new record-sealing law (Chapter 23.2, including automatic sealing and petition-based sealing) took effect July 1, 2026 and has been operative law for weeks, not December 1, 2026 as this page previously stated throughout. December 1, 2026 is a real date, but it applies only to a separate, amended version of the older expungement statute, § 19.2-392.2.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the article's sealing-reform rollout date throughout the page: the bundle's own effective-date marker shows the current, arrest-only version of Va. Code Section 19.2-392.2 remains in force until December 1, 2026 (not July 1, 2026), and restated the court-fee waiver as already-current law rather than a future change; also narrowed the Class 3/4 felony sealing bar to its actual 20-year lookback and extended the sealed-record deny-right to government agencies per Section 19.2-392.5(D).

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Va. Code § 19.2-392.1(law.lis.virginia.gov)
  2. Va. Code § 19.2-392.2(law.lis.virginia.gov)
  3. Va. Code § 19.2-392.3(law.lis.virginia.gov)
  4. Va. Code § 19.2-392.5(law.lis.virginia.gov)
  5. Va. Code § 19.2-392.6(law.lis.virginia.gov)
  6. Va. Code § 19.2-392.7(law.lis.virginia.gov)
  7. Va. Code § 19.2-392.8(law.lis.virginia.gov)
  8. Va. Code § 19.2-392.12(law.lis.virginia.gov)
  9. Va. Code § 19.2-392.13(law.lis.virginia.gov)
  10. Va. Code § 19.2-392.15(law.lis.virginia.gov)
  11. Va. Code § 19.2-392.16(law.lis.virginia.gov)
  12. Virginia State Crime Commission - Sealing FAQs(vscc.virginia.gov)
  13. Virginia Judicial System Form CC-1473(vacourts.gov)
  14. Va. Code § 18.2-266 (Driving motor vehicle, engine, etc., while intoxicated, etc.)(law.lis.virginia.gov)
  15. Va. Code § 19.2-392.6:1 (Sealing of former possession of marijuana offenses without entry of a court order)(law.lis.virginia.gov)
  16. 2025 Acts of Assembly c. 634 (SB1466), enactment clauses setting the July 1, 2026 effective date and the October 1, 2026 first-transmission deadline(lis.virginia.gov)
  17. Virginia State Crime Commission - Sealing of Criminal Records Update (January 2026)(vscc.virginia.gov)
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