Virginia
Virginia Expungement Laws: § 19.2-392.2, Sealing, and July 2026 Reform
Virginia operates two distinct 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 sweeping new sealing framework that takes effect July 1, 2026, introducing automatic sealing for eligible misdemeanor convictions under § 19.2-392.6.
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 (effective July 1, 2026 version eliminates filing fees).
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. As of July 1, 2026, no court filing fee or costs apply to expungement petitions under this section.
Key statute: Va. Code § 19.2-392.2; Form CC-1473 (Petition for Expungement, Virginia Judicial System).
The July 1, 2026 Automatic Sealing Law: § 19.2-392.6
Virginia's most significant criminal-record reform in decades takes effect July 1, 2026. Under Va. Code § 19.2-392.6, certain misdemeanor convictions will be 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 will electronically identify eligible records at least monthly, the Executive Secretary of the Supreme Court will forward qualifying cases to circuit court clerks, and a circuit court judge will enter sealing orders. No action is required from the individual.
Key statutes: Va. Code §§ 19.2-392.6, 19.2-392.7 (effective 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 (effective 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 six criteria: 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; full restitution must have been paid; 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.
Key statute: Va. Code § 19.2-392.12 (effective July 1, 2026).
What Sealing Does and Does Not Do in Virginia
Under Va. Code § 19.2-392.5 (effective 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 (effective 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. Excluded categories under § 19.2-392.12 include: Class 1, 2, 3, and 4 felonies; sex offenses; violent felonies; firearm-related felonies; protective order violations; hate crimes; animal cruelty convictions; and crimes against family or household members. 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) (effective 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 take effect July 1, 2026 and were not yet in force as of the date of this writing. 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.
- Va. Code § 19.2-392.1 (Statement of policy): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.1
- Va. Code § 19.2-392.2 (Expungement of police and court records): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2
- Va. Code § 19.2-392.3 (Disclosure of expunged records): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.3
- Va. Code § 19.2-392.5 (Sealing defined; effect of sealing): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.5
- Va. Code § 19.2-392.6 (Automatic sealing of offenses resulting in conviction, eff. July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6
- Va. Code § 19.2-392.7 (Process for automatic sealing, eff. July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.7
- Va. Code § 19.2-392.8 (Automatic sealing of acquittals and dismissals, eff. July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.8
- Va. Code § 19.2-392.12 (Petition-based sealing, eff. July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12
- Va. Code § 19.2-392.13 (Disposition of records when sealed): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.13
- Va. Code § 19.2-392.15 (Prohibited employer practices): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.15
- Va. Code § 19.2-392.16 (Business screening services): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.16
- Virginia State Crime Commission, Sealing of Criminal Records (vscc.virginia.gov/sealing.asp): vscc.virginia.gov/sealing.asp
- Virginia State Crime Commission, FAQs: Sealing (vscc.virginia.gov/sealingfaqs.asp): vscc.virginia.gov/sealingfaqs.asp
- Virginia Judicial System, Form CC-1473, Petition for Expungement: vacourts.gov/forms/circuit/cc1473.pdf
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It?
- How to Check If Your Record Has Been Expunged
Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026. Chapter 23.2 sealing provisions take effect July 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. As of July 1, 2026, no filing fee applies.
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 (effective 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?
Starting July 1, 2026, Virginia's Chapter 23.2 sealing framework takes 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 adds 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.
Can a conviction be expunged in Virginia?
Not under § 19.2-392.2, which covers only charges that ended without a conviction. However, starting July 1, 2026, certain misdemeanor convictions may 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. Sealing restricts public access but does not remove records from government systems the way expungement does.
What offenses qualify for automatic sealing in Virginia starting July 1, 2026?
Under § 19.2-392.6, 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 beginning July 1, 2026, no action is required by the individual; the State Police and courts process eligible records at least monthly.
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. A version of the statute effective July 1, 2026, eliminates court filing fees.
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.
Sources and References
- Va. Code § 19.2-392.1(law.lis.virginia.gov)
- Va. Code § 19.2-392.2(law.lis.virginia.gov)
- Va. Code § 19.2-392.3(law.lis.virginia.gov)
- Va. Code § 19.2-392.5(law.lis.virginia.gov)
- Va. Code § 19.2-392.6(law.lis.virginia.gov)
- Va. Code § 19.2-392.7(law.lis.virginia.gov)
- Va. Code § 19.2-392.8(law.lis.virginia.gov)
- Va. Code § 19.2-392.12(law.lis.virginia.gov)
- Va. Code § 19.2-392.13(law.lis.virginia.gov)
- Va. Code § 19.2-392.15(law.lis.virginia.gov)
- Va. Code § 19.2-392.16(law.lis.virginia.gov)
- Virginia State Crime Commission - Sealing FAQs(vscc.virginia.gov)
- Virginia Judicial System Form CC-1473(vacourts.gov)