Expungement or sealing? It depends on how the case ended
Virginia's two record remedies come from different chapters of Title 19.2 and do different things. They are not alternatives you choose between on preference — the disposition of the case points to one of them.
Expungement — Chapter 23.1, §19.2-392.2
A person charged with the commission of a crime, a civil offense or an offense defined in Title 18.2 who was acquitted, or whose charge was nolle prossed or otherwise dismissed — including dismissal by accord and satisfaction under §19.2-151 — may file a petition setting out the relevant facts and asking for expungement of the police records and court records relating to the charge.
No court fees or costs are required for a petition under that subsection. A replacement version of §19.2-392.2 takes effect on December 1, 2026, so read the version in force on the date you file rather than a stored copy.
Sealing — Chapter 23.2
Sealing applies to convictions and deferred dismissals, which is where expungement generally does not reach. It prohibits public access to the record of the arrest, charge or conviction while the record itself continues to exist, and it permits continued sharing between government agencies for duties required by law (§19.2-392.5).
The plain-language version used by Virginia clerks is blunt: sealing removes the information from public disclosure, while an expungement removes the record as if it never existed.
Working out which one applies
- Charge ended in acquittal, nolle prosequi, or dismissal (including by accord and satisfaction)? Expungement, Chapter 23.1.
- Conviction, or a deferred-and-dismissed disposition? Sealing, Chapter 23.2 — by petition under §19.2-392.12 or §19.2-392.12:1, or automatically if the offense is on the bulk list.
- Marijuana possession under former §18.2-250.1, or a non-criminal traffic infraction older than 11 years? Already dealt with by operation of law, no petition needed.
- Unclear from the court file? That is a question for the court that disposed of the case, or for a lawyer — not for a preparation tool.
Why the distinction matters in practice
The remedies carry different limits. Sealing leaves a record that agencies can still share internally and that can be accessed by motion and order; expungement does not. Sealing is capped at two granted petitions in a lifetime under §19.2-392.12; the expungement route has no equivalent cap. Filing the wrong petition wastes the filing and, in the sealing case, one of those two grants.