A plain-English look at who may qualify, how sealing differs from expungement, and which offenses may be excluded under Virginia law.

On July 1, 2026, new Virginia laws took effect that affect how certain criminal records may be sealed or expunged. For many Virginians, that change could have a meaningful impact. An arrest or conviction can create consequences long after jail time, probation, or fines are over. A criminal record may affect employment, professional licensing, credit decisions, and even access to public assistance. That is why it is worth taking a careful look at whether a prior arrest, charge, or conviction may qualify for record sealing or expungement.

Virginia Record Sealing vs. Expungement: What Is the Difference?

What Does It Mean to Seal a Criminal Record in Virginia?

When a record is sealed, public access to records of a specific arrest, charge, or conviction – and related matters – is restricted. That generally keeps employers, landlords, licensing agencies, and other members of the public from accessing those records. Law enforcement agencies may still have access for limited purposes. Record sealing in Virginia applies to most, but not all, misdemeanors and some Class 5 and Class 6 felonies.

What Does Expungement Mean in Virginia?

Expungement addresses police and court records tied to a specific arrest, charge, or conviction. In practical terms, those records are removed from normal access and treated as expunged, although limited legal exceptions may apply. Expungement is generally limited to certain dismissed charges, findings of not guilty, and certain misdemeanors.

Who May Qualify for Record Sealing in Virginia?

• You have had no new misdemeanor convictions in the last seven years.
• You have had no new felony convictions in the last 10 years.
• For charges involving drugs or alcohol, you can demonstrate rehabilitation.
• All court-ordered restitution has been paid in full.
• You have not previously obtained sealing for two other convictions or deferrals arising from different sentencing events.
• The continued availability of the record would constitute a manifest injustice.

Who May Qualify for Expungement in Virginia?

• You were found not guilty.
• Your case was nolle prossed (dropped or no longer pursued by the prosecutor).
• A deferred judgment was entered without a stipulation of facts sufficient for a conviction.
• Your case was dismissed with prejudice.
• Your case was dismissed without prejudice, and there was no stipulation that the evidence was sufficient for a conviction.
• The continued availability of the record would constitute a manifest injustice.

Which Offenses May Be Ineligible for Sealing?

Not every offense can be sealed. Ineligible offenses may include:

• Most violent felonies.
• Felonies involving the use of a firearm.
• Class 1, 2, 3, or 4 felonies.
• Some violent misdemeanors, such as domestic assault and battery.
• Any violation that requires registration with the Sex Offender and Crimes Against Minors Registry.
• Certain protective-order violations.
• Some misdemeanor offenses involving drugs or alcohol.

For many people, clearing or limiting access to a criminal record can open the door to a more secure future. Because eligibility depends on the charge, the outcome of the case, and a person’s full record, it is important to review the specific facts before deciding whether sealing or expungement may be available.

What can you do now?

A criminal record should not define your future. Virginia’s new sealing and expungement laws may offer an opportunity to move forward with greater confidence, but eligibility depends on the specific facts of your case. Call Gardner & Burks at (540) 582-6333 today to discuss your record and find out whether you may qualify for sealing or expungement.