After years of revisions, delays, and debate, Virginia’s new expungement and record-sealing laws will finally take effect on July 1, 2026. These changes will expand opportunities for individuals across the Commonwealth to clear their criminal records and move forward with a clean slate. At Carmichael Ellis & Brock, our team of experienced criminal defense attorneys is here to guide you through the process and help you determine whether your old records may qualify for expungement or sealing under the current law or the upcoming changes.
An expungement is the legal process that allows a person to ask the court to remove certain parts of their criminal history from the public record. This includes arrests that did not result in a conviction, charges that were dismissed, and cases where the outcome was a not guilty verdict. When a record is expunged, it is no longer visible on government background checks, which means that for most purposes, it is as though the incident never occurred. Expungement can open doors to new employment opportunities, improve your reputation, and provide peace of mind for the future.
Until July 1, 2026, eligibility for expungement in Virginia remains limited to cases that did not end in a conviction. If you were arrested but never convicted, your arrest and charge may still appear on a background check, but you can petition the court to have them removed. Dismissals, not guilty verdicts, arrests without convictions, and charges resolved through an absolute pardon are all examples of records that can currently be expunged. Cases involving mistaken identity, identity fraud, and some juvenile matters may also qualify.
Sealing records is another method of limiting access to your criminal history. While sealed records are not destroyed, they are removed from public view and do not appear on government background checks. Access is only possible with a judge’s approval, usually for law enforcement purposes. Starting July 1, 2026, Virginia law will expand record-sealing opportunities to include low-level felony convictions such as class 5 and class 6 felonies, misdemeanor convictions, first-offender deferrals like first-time marijuana possession charges, and convictions for grand larceny and related offenses. Importantly, the new law also eliminates filing fees and court costs for those seeking expungement or record sealing.
The new law provides broader access to sealing, but it does come with requirements. You must not have prior convictions for serious felonies such as class 1 or class 2 offenses, and you cannot have been convicted of a class 3 or class 4 felony in the past 20 years. Additionally, you cannot have any other felony convictions within 10 years of filing your petition. There are also waiting periods, requiring you to remain crime-free for seven years after a misdemeanor conviction and 10 years after a felony conviction before requesting sealing. For offenses involving drugs or alcohol, proof of rehabilitation is necessary, and any court-ordered restitution must be fully paid. Finally, the court must find that keeping the record public would cause a manifest injustice to you.
Some criminal offenses will remain permanently ineligible for sealing under Virginia law. These include serious felony convictions such as class 1 through 4 felonies, violent crimes including abduction and kidnapping, involuntary manslaughter and maiming, domestic assault, and offenses involving driving while intoxicated or driving under the influence. The law specifically excludes these cases to ensure public safety, but many other charges will soon be eligible for relief under the new system.
The process of seeking expungement begins by filing a petition in the Circuit Court of the jurisdiction where you were originally charged. Once your petition is filed, the Commonwealth’s Attorney is allowed to review and raise objections. Your criminal record is then requested from the Central Criminal Records Exchange and submitted to the court. A hearing will follow, where you and your attorney must demonstrate good cause for the expungement. Judges often consider factors such as the time that has passed since the incident, the impact the record has had on your life, and whether you have made efforts toward rehabilitation.
Because the Commonwealth may object to your petition, it is critical to have an attorney who is familiar with the process and prepared to advocate on your behalf. At Carmichael Ellis & Brock, we work closely with clients to prepare compelling arguments, anticipate objections, and present strong cases for expungement and record sealing.
While expungement and sealing remove criminal records from the official court system, they do not automatically erase information stored on private websites that track arrests and charges. Hundreds of online databases exist to collect and display this information, and these sites may continue to show your history even after the court clears your record. We advise clients on how to take additional steps to clean up their online presence so they can fully move forward without the burden of old information resurfacing.
If you want to review your criminal history before starting the expungement process, you can request your record through the Virginia State Police. A Criminal History Records Check application is available online and at most local police departments. Completed forms are submitted to the Virginia State Police Civil and Applicant Records Exchange in Chesterfield, Virginia. Fees apply depending on the type of background check, and processing times may vary. More information is available directly from the Virginia State Police website.
Expungement and record sealing in Virginia are governed by specific laws, including Code of Virginia § 19.2-392.2, which addresses the expungement of police and court records, and Code of Virginia § 19.2-392.12, which governs the sealing of offenses. Understanding these provisions is essential to navigating the process, and our attorneys are well-versed in both the current and upcoming laws.
If you believe your records may be eligible for expungement or sealing, now is the time to prepare for the changes coming on July 1, 2026. At Carmichael Ellis & Brock, we are committed to helping clients across Virginia clear their records and move forward with confidence. Contact us today to schedule a consultation and learn how we can help you take the next step toward a clean slate.
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