Executive Summary: Virginia's new expungement and sealing laws (passed in 2021) broaden relief options for many people, including automatic sealing of certain convictions and expungement of some marijuana offenses. Eligibility depends on the type of offense, absence of new convictions, and waiting periods. Relief may require filing a petition unless your case qualifies for automatic relief. Being prepared with documents and knowing your rights increases the chance of success. These changes took full effect on July 1, 2025.

A criminal record can limit your life in many ways, including jobs, housing, and schooling. In Virginia, recent law changes now offer more paths to clear or seal certain records. If you know what's allowed, how to apply, and when relief becomes effective, you may be able to reduce barriers caused by past arrests or convictions. Understanding these steps gives you a chance to move forward.

What Has Changed in Virginia's Laws on Expungement and Sealing

In 2021, Virginia passed new laws that expand options for sealing and expunging criminal records. Prior to that, only non-convictions (cases dismissed, acquitted, or otherwise resolved without a conviction) could be expunged. 

The 2021 reforms include automatic sealing of certain convictions and deferred dismissals, and automatic expungement for some marijuana offenses, both automatic and petition-based. Also, automatic sealing of non-convictions and certain misdemeanors became available starting July 1, 2025.

The Virginia State Crime Commission noted that with these changes, Virginia now offers criminal conviction relief for misdemeanor offenses in 44 states and for felony offenses in 38 states.

Who Is Eligible and What Records Qualify?

Not every record qualifies. Eligibility depends on the type of offense, whether there have been additional offenses, and how much time has passed without new convictions.

For example, certain misdemeanor convictions like petit larceny, trespass, or possession of marijuana may be automatically sealed seven years after conviction or dismissal, if no new reportable offense occurred in Virginia or out-of-state in the meantime. Non-convictions like dismissals, acquittals, or something known as “nolle prosequi” are generally eligible for expungement already. Also, records that resulted from mistaken identity or unauthorized use of identifying information may be sealed automatically.

Marijuana offenses have a special route: arrests, charges, convictions, or civil offenses related to certain marijuana violations are eligible for automatic expungement when the system is set up.

How to Apply for Expungement or Sealing

There are different methods, depending on whether the record qualifies for automatic relief or whether you must file a petition with the court.

• Automatic Relief: When a record type becomes eligible automatically (e.g., certain misdemeanors, non-convictions, some convictions), the law requires state agencies to seal or expunge those records without needing you to take action. The new laws that took effect July 1, 2025, will trigger many of these automatic processes.

• Petition-Based: If your record isn't in the automatic relief categories, you must file a petition in the local circuit court. The petition requires forms listing the case, relevant documents such as the case disposition, possibly fingerprinting, and service on the Commonwealth’s Attorney. Also, there may be fees and waiting periods, depending on the offense.

What Clearing or Sealing Your Record Really Means

When a record is expunged, it means the record is removed from public access. It does not mean immediate destruction in all cases—some records remain in law enforcement databases but are no longer accessible without a court order.

When a record is sealed, it is hidden from public view but still may be accessed by law enforcement, courts, or for specific legal purposes. Virginia's new laws also set limits on who can see sealed records and when.

Clearing your record can improve job chances, make housing applications easier, and reduce stress. Some studies outside Virginia show that people whose records are cleared often see better employment outcomes. For example, a study in Michigan showed that wages increased by more than 20% within a year after record clearance.

Common Challenges to Watch For

Even with improved laws, there are delays. Some people face long wait times before automatic sealing or expungement is applied. Backlogs in courts or state agencies are a frequent issue.

Fees may also pose barriers. In some petition-based cases, you may be required to pay court costs. If indigent, there might be ways to waive or reduce fees, but it depends on your jurisdiction and whether new legislation covers you. Eligibility may also be lost if new convictions occur in the meantime. 

First, check which of your arrests, charges, convictions, or dismissals might qualify under current laws. 

Second, gather all relevant documents, including court dispositions, charge documents, sentencing records, and proof of time passed without new convictions.

Third, decide whether you need help filing a petition or whether your case will be handled automatically. If petition-based, filing correctly and following the required steps is crucial.

A well-prepared case improves your chances of success and cuts delays.

Contact Select Law Partners

Clearing or sealing your record can change your life. With multiple locations and a team that handles many legal fields, we work hard to give you attentive service, no matter your case. Reach out to Select Law Partners to learn whether your record qualifies under Virginia's laws and how we can help you move forward.