How the two sealing paths differ, which one applies to your record, and why the difference decides whether you wait or file. 

Virginia’s 2026 sealing law created two ways to seal a criminal record. One happens by operation of law, with no filing from you. The other requires a petition you or your attorney file with the court. The right path depends on the offense, the outcome of the case, and your record since. Our overview of the 2026 changes covers the basics, so this guide focuses on the split between the two paths. 

What Is Automatic Sealing in Virginia? 

Automatic sealing restricts public access to a record without a petition from you. State agencies handle the process based on the offense and the time passed. You do not file paperwork, and you do not appear before a judge. This path covers a limited set of lower-level offenses and certain charges ending without a conviction. 

What Is Petition-Based Sealing? 

Petition-based sealing puts the work on you. You file a request in circuit court, meet the eligibility rules, and ask a judge to seal the record. This path applies to many misdemeanors and some Class 5 and Class 6 felonies outside the automatic list. Because a judge reviews each petition, the facts of your case and your later record both weigh on the outcome. 

Which Path Applies to My Record? 

Three things decide the path: the offense, how the case ended, and your record since. A dismissed charge may seal on its own. A conviction usually calls for a petition and a waiting period. Serious felonies often sit outside both paths. If your record includes a felony, review the rules for serious felonies before you assume relief is available. 

Why the Difference Matters 

A wrong assumption costs time. If you expect automatic sealing and none applies, the record stays public while you wait. If you plan to petition, you face deadlines, documents, and a hearing. A new charge or an open probation violation can also reset your eligibility, so sort those issues out before you file. 

What can I do now? 

Start by writing down how each charge on your record ended. Automatic and petition paths follow different rules, and the wrong guess delays relief. Call Gardner & Burks at (540) 582-6333 to review your record and learn which sealing path fits your case. Get Help Now.