Expungements and Virginia’s New Sealing Law: What You Need to Know in 2026

 Posted on June 05, 2026 in Expungement and Sealling

Beginning July 1, 2026, Virginia’s new criminal record sealing laws significantly expand the ability of individuals to protect their records from public view. For years, Virginia’s expungement laws were limited primarily to cases that ended without a conviction. The new sealing statute changes that by allowing certain past convictions and deferred dismissals to be sealed under specific circumstances.

If you have a criminal record in Virginia, understanding the difference between expungement and sealing is critical. While these processes are related, they are not the same, and the eligibility requirements can vary depending on how your case was resolved.

Attorney Bret Lee is a Fairfax County criminal defense attorney who helps clients throughout Virginia understand their options for protecting their records and moving forward after a criminal case.

What Is an Expungement in Virginia?

An expungement is the removal of police and court records related to a criminal charge. Under Virginia law, traditional expungements generally apply only to cases that ended without a conviction.

Examples may include:

• Charges that were dismissed
• Findings of not guilty
• Nolle prosequi dispositions
• Cases involving mistaken identity
• Certain deferred dismissals

Virginia expungements are governed primarily by Virginia Code § 19.2-392.2. In many cases, a person seeking expungement must show that continuing to maintain the record creates a "manifest injustice," although some dismissals may qualify automatically.

If an expungement is granted, the public record of the charge is removed from public access, although certain law enforcement and government agencies may still retain limited access in specific situations to some information about the original charge.

What Is the New Virginia Sealing Law?

Effective July 1, 2026, Virginia’s new sealing statutes create broader opportunities for individuals to seal criminal records, including some convictions.

The new law is found primarily under Virginia Code § 19.2-392.12.

Unlike traditional expungement law, the new sealing framework allows certain misdemeanor or felony convictions, deferred dispositions, and other qualifying offenses to be sealed after waiting periods, and eligibility requirements are met.

The law also creates procedures for:

• Automatic sealing in certain situations
• Petition-based sealing
• Sealing of acquittals and dismissals
• Sealing of certain misdemeanor convictions
• Sealing for some juvenile matters
• Protection of records from public access

What Is the Difference Between Expungement and Sealing in Virginia?

Although people often use the terms interchangeably, expungement and sealing are legally different procedures.

Expungement

• Primarily applies to cases without convictions
• Removes or destroys records from public access
• Governed under older Virginia expungement statutes
• Often requires proof of manifest injustice

Sealing

• Can apply to certain convictions and deferred dismissals
• Restricts public access to records
• Created under Virginia’s new 2026 sealing statutes
• Including both automatic and petition-based processes

For many people who previously did not qualify for expungement because of a conviction, sealing may now provide a path toward protecting their record.

Which Charges Qualify for Sealing in Virginia?

Eligibility depends on the specific charge, disposition, criminal history, and waiting periods required under statute. Certain offenses may qualify for petition-based sealing after the required waiting period if the person has remained conviction-free during that time.

Examples of records that may potentially qualify include: 

• Certain misdemeanor convictions including minor drug convictions
• Deferred dismissals
• Dismissed charges
• Acquittals 
• Nolle prosequi dispositions
• Some juvenile offenses

However, not every offense is eligible. Virginia law excludes various serious offenses from sealing eligibility, including certain violent crimes, sex offenses, and other specifically excluded charges.

What Offenses Are Not Eligible for Sealing in Virginia?

Virginia’s sealing statutes contain several important exclusions for crimes that cannot be sealed. Certain offenses are not eligible for sealing, including many:

• Violent felonies
• Sex offenses requiring registration
• Domestic violence-related offenses in some circumstances
• Certain crimes involving firearms
• Serious felony offenses specifically excluded by statute

Eligibility must be analyzed carefully by a trusted attorney, like Bret Lee, based on the exact statute charged and the final disposition in the case.

How Long Do You Have to Wait Before Sealing a Virginia Criminal Record?

The waiting period for sealing a criminal record depends on the type of offense and how the case ended.

Some dismissals and acquittals may qualify immediately, while certain misdemeanor or felony convictions require waiting periods before a petition can be filed. Additional requirements may include remaining free of new convictions during that time.

Because the law is new and highly detailed, determining eligibility often requires a careful review of: 

• The original charging documents
• Final dispositions
• Criminal history 
• Dates of conviction or dismissal
• Whether any disqualifying offenses exist

Why You Should Consider Sealing Your Record

Even a single criminal charge can affect:

• Employment opportunities
• Professional licensing
• Housing applications
• Security clearances
• Educational opportunities
• Reputation and background checks 

Many employers, landlords, and licensing agencies rely heavily on criminal background searches. Having a record sealed can significantly reduce the visibility of past criminal matters during public record searches.  

Why You Should Speak with a Virginia Attorney About Eligibility for Getting Your Record Expunged or Sealed

Virginia’s new sealing laws are complex, and eligibility depends heavily on the exact facts of the case. Filing errors, incorrect statutory references, or incomplete petitions can delay or prevent relief.

An experienced Virginia expungement and criminal defense attorney can review your record, determine eligibility, and help prepare the necessary petitions and supporting documentation.

Schedule a Free Consultation With Our Fairfax, VA Criminal Defense Lawyer

Our Northern Virginia criminal record expungement and sealing attorney helps clients across Northern Virginia pursue expungements and record sealing relief under Virginia’s evolving criminal record laws.

If you want to know whether your record may qualify for expungement or sealing under Virginia’s new 2026 statutes, call Bret Lee Legal Solutions at 703-936-0580 today to schedule a free consultation. Evening and weekend appointments are available upon request.