What’s the difference between sealing and expungement?

In Virginia, not much. In some states, expungement means a criminal record has been totally destroyed, while sealing means a record has been placed in a secure location where only a few people can access it for very specific reasons. Current Virginia law says “expungement” while the new law says “sealing,” but the terms are defined similarly. In Virginia, expungement means a record has been placed in a secure location where only a few people can access it for very specific reasons, such as a court clerk having access so that she can collect payments on any fines or fees still owed on the case. Under the new law, sealing means the record will be transferred to a confidential and secure area inaccessible from normal use. Once a record is sealed or expunged, it can be accessed only by obtaining a court order and only for a few specific reasons set forth in the law. Most importantly, regardless of whether a record is sealed or expunged, most employers and landlords will no longer have access to it.

Is there anything I can do to expunge records right now?

Maybe! Virginia already has an expungement law, which allows people whose cases were dismissed, dropped, or who were found not guilty to ask a court to expunge those records. While not everyone qualifies for expungement under this law, until the new law takes effect, this is the only way to clear a criminal record in Virginia.

When does the new law take effect?

July 1, 2025. Automatic sealing will begin October 1, 2025. The General Assembly delayed the effective date of the new law to give courts and the Virginia State Police time to upgrade their computer systems. LAJC believes impacted individuals need relief sooner and plans to push the General Assembly to move up this date.

How do I know if my record qualifies for sealing under the new law?

Read our information (below) on record-sealing for different legal situations.

How long does the process take?

Under Virginia’s current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible. The process for petition-based sealing will still take several months but one source of delays under the old law is the requirement that individuals get fingerprinted. Under the new law, the fingerprint requirement has been removed, so that should speed the process up a bit.

Want to connect with other people organizing for expungement?

The Virginia Expungement Council welcomes individuals who are impacted by criminal records. Email vaexpungementcouncil@gmail.com for more information and upcoming meetings.

View this information as a pdf.

What is sealing?

The commonwealth keeps two copies of every criminal record. One is kept by the Virginia State Police and the other is kept by the court where the person was charged. The new law defines sealing as prohibiting the dissemination sharing of these two records – which means that the court won’t tell anyone you were charged except in certain circumstances where there is a court order (see below). 

Can sealed records still be accessed in some situations?

Yes. The General Assembly created a list of situations in which certain individuals or government agencies can access sealed records but only if they obtain a court order to do so. Police and prosecutors cannot view sealed records unless they get a court order.

Here are a few situations when a court order can be obtained to access a sealed criminal record:

• Child custody proceedings
• Protective order proceedings
• To impeach the credibility of a witness testifying in a court proceeding
• To determine a person’s eligibility to possess a firearm
• To determine a person’s eligibility to serve as a juror
• The Department of Social Services and local departments of social services may request such records to carry out their duties.
• You can also request a copy of your own sealed record.

What do you mean by “most” potential employers?

Some employers require the disclosure of all records—even sealed records. If you are applying to work (or even volunteer) for the Virginia State Police or a local police department or sheriff’s office and you do not disclose your sealed record, you can be convicted of perjury, a felony. Other
employers may also require the disclosure of sealed records if other state or federal laws say disclosure is necessary, or if disclosure is in the interest of national security. Because perjury requires a willful act, the potential employer has an obligation to tell you that you must disclose the sealed record.

Most potential employers will not be able to require you to disclose a sealed record. An employer who asks about sealed records when the law does not require you to disclose it will be guilty of a Class 1 misdemeanor.

What can I do if my record is sealed but it still appears on background checks?

The new law addresses this situation by requiring companies that buy and sell criminal records to delete sealed records. The new law requires these companies to register with the Virginia State Police and keep their records updated. If a company refuses to delete your sealed record, under the new law you or the Attorney General of Virginia can file a lawsuit and recover money damages from the company.

Automatic sealing:

If you were convicted of one of the following misdemeanors, your record may be automatically sealed when twhen Virginia begins automatic sealing of criminal records on October 1, 2025: 

• Underage alcohol possession
• Petit larceny
• Concealment
• Trespass after having been forbidden
• Instigating trespass by others
• Trespass on posted property
• Marijuana possession
• Marijuana possession with intent to distribute (not the felony)
• Disorderly conduct

Additional requirements for misdemeanor automatic sealing:

• On the date of your conviction, you were not also convicted of—or received a deferral-dismissal for—another offense not listed above
• Seven years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years

Asking a court to seal your record (non-automatic):

If you were convicted of any misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.

Additional requirements for a misdemeanor petition:

• You were never convicted of a Class 1 or 2 felony
• You were not convicted of a Class 3 or 4 felony in the last 20 years
• You were not convicted of any felony in the last 10 years
• Seven years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years
• If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).

View this information as a pdf.

Automatic sealing:

If you were charged but not convicted of a misdemeanor offense, your record may be automatically sealed when the Virginia begins automatic sealing of criminal records on October 1, 2025. A non-conviction includes the following outcomes: 

• Acquittal (not guilty)
• Nolle presqui (dropped)
• Dismissal (but not deferral-dismissal, which happens only after a court has found enough evidence to convict you

Asking the court to seal your record:

If you have misdemeanor—or felony—non-convictions on your record but do not meet the requirements above, you can petition for expungement under current law. If you cannot afford to hire an attorney, contact any LAJC office to see if you qualify for our help.

Additional requirements:

Additional requirements for misdemeanor non-conviction sealing:

• You have never been convicted of any crime in Virginia
• You were not charged or arrested in Virginia in the last three years (before Oct. 1, 2025)

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).

View this information as a pdf.

What is deferral-dismissal?

When a person is charged with certain offenses for the first time and has never been convicted of a felony, Virginia courts will sometimes defer (avoid) convicting the person even though the court has enough evidence to convict. The person will typically have to complete some type of probation and pay all fines, fees, and restitution associated with the case. If the person is successful, the court will dismiss the case. This is a “deferral-dismissal.”

Automatic sealing:

If you received a deferral-dismissal of the following misdemeanors, your record may be automatically sealed when the new law takes effect on October 1, 2025:

• Underage alcohol possession
• Marijuana possession

Additional requirements for misdemeanor automatic sealing:

• On the date of your conviction, you were not also convicted of—or received a deferral-dismissal for—another offense not listed above
• Seven years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years

Asking a court to seal your record (non-automatic):

If you received a deferral-dismissal for any other misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.

Additional requirements for a misdemeanor petition:

• You were never convicted of a Class 1 or 2 felony
• You were not convicted of a Class 3 or 4 felony in the last 20 years
• You were not convicted of any felony in the last 10 years
• Seven years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those seven years
• If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).

View this information as a pdf.

Under the new law, felony convictions in the following categories will become eligible for sealing on July 1, 2025:

• Class 5 felonies
• Class 6 felonies
• Felony larceny offenses

These felonies will remain ineligible for sealing:

• DUI manslaughter (by vehicle or watercraft)
• DUI maiming (by vehicle or watercraft)
• Assault and battery against a family or household member
• DUI (includes commercial motor vehicles)

Additional requirements:

Additional requirements for a felony petition:

• You were never convicted of a Class 1 or 2 felony
• You were not convicted of a Class 3 or 4 felony in the last 20 years
• You were not convicted of any felony in the last 10 years
• 10 years have passed since the conviction date
• You were not convicted of any crime (excluding traffic infractions) anywhere in the U.S. during those 10 years
• If court records indicate the offense involved the use or dependence of alcohol or drugs, you must demonstrate your rehabilitation

Petitioning the court:

If you meet the requirements above, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.

Lifetime limits:

The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).

View this information as a pdf.