Expunging a Criminal Record in Virginia (2026)
Reviewed by DocDraft Legal Team · Virginia · Last updated August 19, 2026
Record clearing in Virginia is state law, and Virginia recently changed it dramatically. For decades, true expungement under Va. Code 19.2-392.2 was limited to non-convictions: acquittals, dismissals, nolle prosequi, and cases of mistaken identity. Convictions could not be expunged. That changed with a 2021 law that created a separate record sealing system in Va. Code 19.2-392.6 and following, whose effective date was pushed to July 1, 2026. As of 2026 that system is now in effect but phasing in, so both petition sealing and automatic sealing are being implemented in stages. You file expungement and petition sealing in the circuit court, and the Virginia State Police and Central Criminal Records Exchange update the record.
Find out where you stand in Virginia
What are you trying to clear?
DocDraft provides document preparation, not legal advice.
What record-clearing relief does Virginia offer, and what is it called?
Virginia has two tracks. Expungement under Va. Code 19.2-392.2 destroys records of non-convictions only: acquittals, dismissals, nolle prosequi, and mistaken identity. A separate record sealing system, Va. Code 19.2-392.6 and following, effective July 1, 2026, hides eligible convictions and dismissals from public view rather than destroying them.
What criminal records are eligible to be cleared in Virginia?
Expungement under 19.2-392.2 reaches only non-convictions such as acquittals, dismissals, and nolle prosequi. Petition sealing under Va. Code 19.2-392.12 covers misdemeanors, Class 5 and 6 felonies, and certain larceny under 18.2-95, for offenses dated on or after January 1, 1986. Both are filed in the circuit court where the case was heard.
Can you expunge or seal a felony conviction in Virginia?
You cannot expunge a felony conviction in Virginia, because expungement is limited to non-convictions. But since July 1, 2026, you may petition to seal a Class 5 or 6 felony, or certain larceny under 18.2-95, under Va. Code 19.2-392.12. The wait is generally ten years for a felony, and serious felonies remain excluded.
Does Virginia have automatic clean-slate sealing of records?
Yes, but it is phasing in. Va. Code 19.2-392.6, effective July 1, 2026, orders automatic sealing of listed misdemeanor convictions once seven years pass without a reportable new conviction, for offenses dated on or after January 1, 1986. Implementation is staged across state agencies, with some records beginning to seal automatically on October 1, 2026.
How does the new Virginia record sealing law work, and is it in effect yet?
The 2021 sealing law was delayed and took effect July 1, 2026, so it is now in force but rolling out in phases. It adds two things Virginia never had: petition sealing of eligible misdemeanors and lower-class felonies under Va. Code 19.2-392.12, and automatic sealing of listed offenses under 19.2-392.6. Sealing hides records from public view, not full destruction.
Virginia's Split System: Non-Conviction Expungement Plus the 2026 Record Sealing Law
Virginia treats record clearing in two distinct ways, and 2026 is the pivotal year. Expungement under Va. Code 19.2-392.2 has long been available only for non-convictions: charges ending in acquittal, dismissal, or nolle prosequi, plus cases of mistaken identity. A granted expungement destroys the police and court records, but it never reached actual convictions. To fill that gap, a 2021 law created a separate record sealing chapter, Va. Code 19.2-392.6 and following, whose effective date was repeatedly delayed and finally took effect July 1, 2026. Sealing hides a record from public view rather than destroying it. Petition sealing under Va. Code 19.2-392.12 covers misdemeanors, Class 5 and 6 felonies, and certain larceny under 18.2-95 for offenses dated on or after January 1, 1986, with a general wait of seven years for misdemeanors and ten years for felonies; DUI under 18.2-266, the commercial-DUI statute 46.2-341.24, and several assault and injury offenses are excluded. Automatic sealing under 19.2-392.6 clears listed misdemeanor convictions after seven conviction-free years, but automatic does not mean instant: it requires coordination among the Virginia State Police, the Executive Secretary of the Supreme Court, and circuit court clerks, with some records beginning to seal on October 1, 2026. Petitions are filed in the circuit court where the case was heard, and the Virginia State Police and its Central Criminal Records Exchange update the repository.
Relevant Laws
Expungement of Non-Convictions (Va. Code 19.2-392.2)
Virginia's long-standing expungement statute, which destroys police and court records but only for non-convictions: acquittals, dismissals, nolle prosequi, and cases of mistaken identity. It is filed in the circuit court with fingerprints, and a revised version tied to the sealing overhaul takes effect December 1, 2026.
Automatic Sealing of Convictions (Va. Code 19.2-392.6, effective July 1, 2026)
Creates automatic sealing of listed misdemeanor convictions after seven years without a reportable new conviction, for offenses dated on or after January 1, 1986. It requires no petition but is being implemented in phases by the Virginia State Police and the courts, with some records beginning to seal on October 1, 2026.
Petition Sealing and Eligibility (Va. Code 19.2-392.12, effective July 1, 2026)
Allows petition sealing of misdemeanors, Class 5 and 6 felonies, and certain larceny under 18.2-95, for offenses on or after January 1, 1986. The general wait is seven years for a misdemeanor and ten years for a felony, and DUI under 18.2-266, 46.2-341.24, and several assault or injury offenses are excluded.
No General Federal Expungement of State Records
There is no general federal law to expunge a Virginia state conviction; record clearing is set by Virginia law. Virginia's full sealing chapter, Va. Code 19.2-392.6 and following, gathers the automatic and petition tracks that took effect July 1, 2026, and defines the excluded offenses and the role of the Central Criminal Records Exchange.
Regional Variances
Virginia Record-Clearing Eligibility Table
Non-conviction expungement (Va. Code 19.2-392.2)
Destroys police and court records, but only for non-convictions: acquittals, dismissals, nolle prosequi, and mistaken identity. No fixed waiting period tied to a conviction, since there is no conviction. Filed in the circuit court with fingerprints; the clerk refunds costs if the court grants the order. A revised version takes effect December 1, 2026.
Petition sealing of convictions (Va. Code 19.2-392.12, effective July 1, 2026)
Hides eligible records from public view. Covers misdemeanors, Class 5 and 6 felonies, and certain larceny under 18.2-95, for offenses on or after January 1, 1986. General wait: seven years for a misdemeanor and ten years for a felony, with limits based on prior felony history. Filed by petition in the circuit court.
Automatic clean-slate sealing (Va. Code 19.2-392.6, effective July 1, 2026)
Seals listed misdemeanor convictions with no petition once seven years pass without a reportable new conviction, for offenses on or after January 1, 1986. Automatic does not mean instant: it is implemented in phases by the Virginia State Police and the courts, with some records beginning to seal on October 1, 2026.
Excluded offenses
Serious and violent offenses stay out of sealing. Va. Code 19.2-392.12 lists DUI under 18.2-266, commercial DUI under 46.2-341.24, and offenses such as 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, and 18.2-57.2 as not eligible for petition sealing. Class 1 and 2 felonies and felonies punishable by life are never sealable, and no felony conviction can be expunged.
Repository and filing court
All expungement and sealing petitions are filed in the circuit court for the city or county where the charge was heard, with fingerprints. The Virginia State Police and its Central Criminal Records Exchange verify the record and, on a granted order, carry out the expungement or sealing and update the state repository.
Suggested Compliance Checklist
Confirm your Virginia eligibility track and waiting period
Before you draft any petition days after startingDetermine whether the record is a non-conviction eligible for expungement under Va. Code 19.2-392.2 or a conviction eligible for sealing under 19.2-392.12. Check the offense date is on or after January 1, 1986, confirm the seven-year misdemeanor or ten-year felony wait has run, and rule out excluded offenses such as DUI under 18.2-266.
Obtain your Virginia criminal history and fingerprints
Before filing days after startingPull your Virginia criminal history from the Virginia State Police Central Criminal Records Exchange and confirm each charge, disposition, and case number. Arrange the fingerprint-based check the court requires, since your petition is filed with fingerprints so the State Police can verify your record before the court rules.
Draft the expungement or sealing petition
Ready before the filing date days after startingPrepare a petition that cites the correct statute, Va. Code 19.2-392.2 for a non-conviction expungement or 19.2-392.12 for petition sealing, and sets out the facts showing eligibility, the offense, the court, and the disposition date. An attorney can help confirm the petition matches the relief and standard for your situation.
File in the correct circuit court and serve the Commonwealth's Attorney
On your filing date days after startingFile with the clerk of the circuit court for the city or county where the charge was heard, pay the filing fee of roughly $86 to $100 or request a waiver, and ensure the Commonwealth's Attorney is served. Keep your fee receipt, since the clerk refunds costs if the court grants an expungement.
Confirm the Virginia State Police updated the record
After the court rules days after startingIf the court grants relief, the clerk forwards the order to the Virginia State Police, which directs how the expungement or sealing is carried out through the Central Criminal Records Exchange. Allow processing time, then verify the record reflects the order, remembering that sealing hides but does not destroy the record.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your Virginia eligibility track and waiting period | Determine whether the record is a non-conviction eligible for expungement under Va. Code 19.2-392.2 or a conviction eligible for sealing under 19.2-392.12. Check the offense date is on or after January 1, 1986, confirm the seven-year misdemeanor or ten-year felony wait has run, and rule out excluded offenses such as DUI under 18.2-266. | - | Before you draft any petition |
| Obtain your Virginia criminal history and fingerprints | Pull your Virginia criminal history from the Virginia State Police Central Criminal Records Exchange and confirm each charge, disposition, and case number. Arrange the fingerprint-based check the court requires, since your petition is filed with fingerprints so the State Police can verify your record before the court rules. | - | Before filing |
| Draft the expungement or sealing petition | Prepare a petition that cites the correct statute, Va. Code 19.2-392.2 for a non-conviction expungement or 19.2-392.12 for petition sealing, and sets out the facts showing eligibility, the offense, the court, and the disposition date. An attorney can help confirm the petition matches the relief and standard for your situation. | - | Ready before the filing date |
| File in the correct circuit court and serve the Commonwealth's Attorney | File with the clerk of the circuit court for the city or county where the charge was heard, pay the filing fee of roughly $86 to $100 or request a waiver, and ensure the Commonwealth's Attorney is served. Keep your fee receipt, since the clerk refunds costs if the court grants an expungement. | - | On your filing date |
| Confirm the Virginia State Police updated the record | If the court grants relief, the clerk forwards the order to the Virginia State Police, which directs how the expungement or sealing is carried out through the Central Criminal Records Exchange. Allow processing time, then verify the record reflects the order, remembering that sealing hides but does not destroy the record. | - | After the court rules |
Frequently Asked Questions
Circuit courts in Virginia generally charge a filing fee in the range of $86 to $100, and you also need fingerprints for the Central Criminal Records Exchange check. If a Virginia court grants an expungement, the clerk refunds the costs you paid. If you cannot afford the fee, ask the circuit court clerk about a fee waiver.
In Virginia, plan on several months. After you file in the circuit court, your fingerprints and petition go to the Virginia State Police and Central Criminal Records Exchange for verification, the Commonwealth's Attorney is served, and the court may set a hearing. Automatic sealing under Va. Code 19.2-392.6 is phasing in and is not instant, so allow additional time after July 1, 2026.
Often yes. In Virginia, sealing under Va. Code 19.2-392.6 hides a record from public view but does not destroy it, and law enforcement, courts, and some employers or licensing bodies retain limited access under the statute. A granted expungement under 19.2-392.2 destroys non-conviction records more fully, though certain agencies may still access them by law.
It depends on the relief. After an expungement of a non-conviction under Va. Code 19.2-392.2, you generally may deny the arrest or charge in Virginia. After sealing under 19.2-392.6, the law limits who can consider the record and how you must answer, but exceptions exist for some employers and agencies. An attorney can help you apply the rules to your job or license question.
No. A DUI is a conviction, so it cannot be expunged in Virginia, where expungement is limited to non-convictions. It is also excluded from petition sealing: Va. Code 19.2-392.12 lists 18.2-266 and the commercial-DUI statute 46.2-341.24 among offenses that are not eligible for sealing. A DUI that ended in dismissal or acquittal, however, may qualify for expungement.
Other Virginia guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.