How Virginia record sealing works

Sealing and expungement are different remedies

Virginia keeps two separate record remedies in Title 19.2 of the Code of Virginia. Chapter 23.2 covers sealing: records are removed from public access but continue to exist, and agencies may still share them among themselves for duties required by law. Chapter 23.1 covers expungement: a separate remedy for charges that ended in acquittal, nolle prosequi or dismissal, where the record is removed rather than hidden.

Because the two chapters have different eligibility rules, the first useful question is not "how do I seal my record?" but "which chapter does my disposition fall under?"

What the Code means by sealing

• Sealing prohibits public access to records of an arrest, charge or conviction — including any ancillary matter ordered sealed — held by the Central Criminal Records Exchange, any court, any police department, sheriff's office or campus police department, and the Department of Motor Vehicles (§19.2-392.5(A)).
• It does not prohibit or limit sharing of the record within or between Commonwealth agencies, or with federal agencies, for the purpose of administering duties required by state or federal law.
• An "ancillary matter" means a violation or alleged violation of probation, parole or a suspended sentence, a contempt of court matter, a charge or conviction for failure to appear, or an appeal from a bail, bond or recognizance order (§19.2-392.5(A)).
• The chapter applies to adults who were arrested, charged or convicted, and to juveniles tried in circuit court under §16.1-269.1 (§19.2-392.5(B)).
• Sealing does not restore civil rights or firearm rights (§19.2-392.5(K)).

Four routes to a sealed record

• By operation of law, with no court order: former marijuana offenses under §18.2-250.1 (§19.2-392.6:1) and, after 11 years, traffic infractions that are not punishable as criminal offenses (§19.2-392.17). Both took effect July 1, 2026.
• Automatically, under a court order: listed misdemeanor convictions after seven conviction-free years (§19.2-392.6), and misdemeanor acquittals, nolle prosequis and dismissals after three years without a conviction or arrest (§19.2-392.11). The bulk process had a delayed start of October 1, 2026.
• By petition: misdemeanors, Class 5 and 6 felonies, and §18.2-95 larceny offenses, whether convicted or deferred and dismissed (§19.2-392.12), and misdemeanor convictions or deferred dismissals with related ancillary matters (§19.2-392.12:1).
• In the moment, at the time of disposition (§19.2-392.8).

Two dates worth knowing

July 1, 2026 is when sealing by operation of law began. October 1, 2026 is the delayed start of the bulk process for listed misdemeanors.

A statute taking effect is not the same thing as your record changing. Courts have to identify eligible cases, enter orders and update their systems, and county guidance published for the October 1 start date suggested waiting until after January 1 before assuming a seal has been applied. Clerks cannot tell you in advance whether a specific case will be sealed, and they cannot advise on eligibility.

Where the paperwork starts

A petition is filed in the circuit court of the county or city where the case was disposed of, together with a copy of the warrant, summons or indictment when reasonably available. There is no filing fee for these petitions. If the charge may be sealed automatically, a petition is often unnecessary — which matters, because §19.2-392.12 limits you to two granted petitions in your lifetime.