A step-by-step look at filing for record sealing, from confirming eligibility to the judge’s decision. 

Virginia’s 2026 law lets many people petition to seal a criminal record. Sealing restricts public access to records of an arrest, charge, or conviction. The petition process has a set order, and each step carries its own rules. Our record sealing overview explains who may qualify, so this guide walks through how the filing works. 

The Sealing Petition, Step by Step 

1. Confirm your eligibility. Check the offense, the outcome, the waiting period, and restitution before you file. 

1. Gather your records. Pull the court file, the final disposition, and proof of paid restitution. 

1. Prepare the petition. State the charge, the outcome, and the grounds for sealing under the current law. 

1. File in the right court. Submit the petition to the circuit court in the jurisdiction of the case. 

1. Serve the required parties. The Commonwealth’s Attorney reviews the petition and may respond. 

1. Attend the hearing if the court sets one. A judge weighs your eligibility and any objection. 

1. Wait for the order. If the judge grants sealing, agencies restrict access to the record. 

Timelines vary by court and caseload. A missing document or the wrong jurisdiction can send you back to the start. 

Do I Need an Attorney to File? 

You can file on your own. An attorney helps when the record is mixed, the eligibility is close, or the Commonwealth objects. Felony records raise harder questions, so review the rules for serious felonies if a felony is involved. Careful filing the first time avoids months of delay. 

What Happens After the Record Is Sealed? 

Sealing restricts public access, so most employers and landlords no longer see the record. Law enforcement keeps limited access for defined purposes. Sealing is not the same as expungement, and some records qualify for one but not the other. Confirm which relief applies before you rely on the result. 

What can I do now? 

Gather your court records and confirm how each charge ended. The petition rewards preparation and punishes guesswork. Call Gardner & Burks at (540) 582-6333 to review your file and map out the filing. Get Help Now.