Virginia record sealing: questions and answers
The questions that come up most often when someone is working out whether their Virginia record can be sealed — answered from the statutes and the courts' own published guidance, with sources at the foot of each guide.
What is the difference between sealing and expungement in Virginia?
Sealing (Chapter 23.2) prohibits public access to a record of arrest, charge or conviction, but the record still exists and state and federal agencies may still share it for duties required by law. Expungement (Chapter 23.1) is the remedy for charges that ended in acquittal, nolle prosequi or dismissal, and removes the record rather than hiding it. They are separate petitions under separate statutes.
Who can file a petition to seal a Virginia record?
Under §19.2-392.12, a person convicted of, or whose charge was deferred and dismissed for, a misdemeanor, a Class 5 or 6 felony, or a §18.2-95 larceny offense, where the offense date was on or after January 1, 1986. §19.2-392.12:1 covers misdemeanor convictions or deferred dismissals together with related ancillary matters. Whether a specific record qualifies is for the court to decide.
How much does it cost to file a sealing petition in Virginia?
Nothing in court fees or costs. §19.2-392.12(B) states that a person shall not be required to pay any court fees or costs for filing a petition under that section. Other costs, such as copies, postage or a lawyer, are separate and are not covered by the statute.
Where do I file a Virginia sealing petition?
In the circuit court of the county or city where the case was disposed of. The petition should be filed with a copy of the warrant, summons or indictment when reasonably available. County guidance commonly directs sealing paperwork to the civil division of that court.
How many sealing petitions can I have granted?
Two, in your lifetime, under §19.2-392.12. A single petition may cover multiple charges, but only those that arose out of the same transaction or occurrence.
Will my Virginia record be sealed automatically?
Some are. Former marijuana offenses under §18.2-250.1 were sealed by operation of law from July 1, 2026, and traffic infractions that are not criminal offenses are deemed sealed 11 years after final disposition. Listed misdemeanor convictions with an offense date on or after January 1, 1986 are ordered sealed automatically once seven conviction-free years have passed — the bulk process had a delayed start of October 1, 2026.
How long until an automatic seal actually appears?
Longer than the effective date suggests. Courts must identify eligible cases, enter orders and update their systems, and county guidance published around the October 1, 2026 start date advised checking after January 1 rather than assuming the seal has already happened. Clerks cannot tell you in advance whether a particular case will be sealed.
Does sealing restore my firearm rights or civil rights?
No. §19.2-392.5(K) provides that an order to seal — or an offense sealed without an order — does not restore a person's civil rights or the right to possess, transport or carry a firearm, ammunition or a stun weapon.
Can I see my own sealed record?
Yes, by motion and order. The courts publish CC-1206 (motion to access a sealed court record) and CC-1207 (order to access sealed record). Any other request for dissemination must also be made by written motion and order.
Does sealing delete the record?
No. A sealed record still exists. Sealing prohibits public access to records held by the Central Criminal Records Exchange, courts, police and sheriff's offices, campus police and the DMV — it does not destroy them (§19.2-392.5(A)). Expungement is the remedy that removes a record rather than hiding it, and it applies to a different set of dispositions.
Can government agencies still share a sealed record?
Yes. §19.2-392.5(A) does not prohibit or limit dissemination of records within or between agencies created by the Commonwealth, or with a federal agency, for the purpose of administering duties required by state or federal law. State Police practice also allows permitted uses after a sealing order (§19.2-392.13).
Can a court still hear about a sealed conviction?
It can be used to impeach a testifying witness only where the probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect, and the other side gets reasonable written notice and a fair chance to contest it (§19.2-392.13(J)). Law-enforcement officers and attorneys may also share sealed information when dealing with exculpatory, mitigating or impeachment evidence.
What counts as an ancillary matter?
§19.2-392.5(A) defines it as 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. Ancillary matters are not treated as separate transactions or occurrences for the two-petition limit.
What must my sealing petition contain?
A copy of the warrant, summons or indictment if reasonably available; the date of arrest and the arresting agency; the date of conviction or deferred dismissal and the case number for each record covered; the charge and any ancillary matters with the date of final disposition; and the petitioner's date of birth, sex, race, Social Security number if available, and the full name used at arrest or summons. Where that information is not reasonably available, the petition must say why.
Does the Commonwealth get a say in my petition?
Yes. The Commonwealth is made a party to the proceeding. The petition must be served on the attorney for the Commonwealth of the county or city where it was filed, by delivery or first-class mail, and that office has 30 days from delivery or receipt to file an objection or answer — or to give written notice that it does not object.
What is the difference between §19.2-392.12 and §19.2-392.12:1?
§19.2-392.12 is the main petition route for a misdemeanor, Class 5 or 6 felony, or §18.2-95 larceny offense, and may also ask to seal identified ancillary matters. §19.2-392.12:1 addresses misdemeanor convictions or deferred dismissals together with related ancillary matters, filed on CC-1203 with the CC-1203A addendum for subsection (A) and CC-1203B for subsection (B).
Which sealing forms do I need?
Petitions: CC-1201 with addendum CC-1201A under §19.2-392.12, and CC-1203 with CC-1203A and/or CC-1203B under §19.2-392.12:1. The court's orders are CC-1202 and CC-1202A, CC-1204 and CC-1204A, and CC-1205 and CC-1205A. Getting back into a sealed record uses CC-1206 and CC-1207. Download each form on the day you file: they are updated, and local practice varies.
What happens to former marijuana offenses?
Any offense that concluded with a final disposition as a charge or conviction under former §18.2-250.1 is sealed by operation of law, with no court order, under §19.2-392.6:1, effective July 1, 2026. The Central Criminal Records Exchange, courts, law-enforcement agencies and the DMV must identify and seal those records.
Are traffic infractions sealed automatically?
A record of a traffic infraction under Title 46.2 that is not punishable as a criminal offense is deemed sealed 11 years after final disposition, unless federal or state law prohibits it (§19.2-392.17). The DMV has narrow carve-outs: it will not seal in violation of federal record-retention or program requirements, or while certain driver-improvement suspensions are recent.
What about acquittals, nolle prosequi and dismissals?
Misdemeanor cases that ended in acquittal, nolle prosequi or dismissal can be sealed automatically under §19.2-392.11, where the offense date is on or after January 1, 1986 and there have been no convictions or arrests in the past three years. It is part of the bulk process that started on October 1, 2026.
Can a record be sealed at the time of disposition?
Yes. §19.2-392.8 provides for sealing in the moment, at the time the case is disposed of, rather than years later. Whether it is available in a given case is a question for the court that disposes of it.
Does sealing apply to juvenile records?
Chapter 23.2 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)). Juvenile court records have their own confidentiality framework, which is separate from this chapter.
How do I get a dismissed charge expunged instead?
Under §19.2-392.2, a person charged with a crime, civil offense or Title 18.2 offense who was acquitted, or whose charge was nolle prossed or otherwise dismissed — including dismissal by accord and satisfaction under §19.2-151 — may petition to expunge the police and court records. No court fees or costs are required for a petition under that subsection.
Is the expungement statute changing?
Yes. 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 working from a stored copy. The same discipline applies to the sealing sections: dates matter in this chapter.
Do I need a lawyer to seal my record?
The statutes do not require one, and petition forms are published for self-represented filers. But the court decides eligibility, the petition must be exact, and a mistaken filing can spend one of only two lifetime grants. Many people use a lawyer; this workspace prepares forms and does not give legal advice.
How long does the court take to decide?
The attorney for the Commonwealth has 30 days from service to object, answer or state no objection under §19.2-392.12. After that the court decides, and the statute sets no deadline for the ruling. Ask the clerk of the circuit court about local scheduling once your response window has closed.
What happens if the Commonwealth objects?
It files an objection or answer and the court decides on the petition; whether a hearing is held is a matter for the court. The objection is not the end of the matter, and it is not something a preparation tool can evaluate — take advice before you respond to one.
Can I seal a federal or out-of-state record?
No. A Virginia circuit court can seal records held within Virginia's own system — the Central Criminal Records Exchange, Virginia courts, police and sheriff's offices, campus police and the DMV. Federal records and other states' records need their own remedies in their own systems.
Will an employer's background check still find a sealed record?
A sealing order prohibits public access to the record held by Virginia agencies, so a public-records search should not return it. It does not bind private background-check companies or databases outside Virginia, which is why a trace can occasionally persist. §19.2-392.13 sets out the uses that remain permitted.
Do I have to wait a certain time before petitioning?
§19.2-392.12, as summarised here, sets no waiting period before a petition — the seven-year and three-year figures belong to automatic sealing under §19.2-392.6 and §19.2-392.11. Because the chapter is being amended, confirm the wording in force on the date you file.
Can one petition cover several charges?
Only where every charge arose out of the same transaction or occurrence and each is eligible for sealing. Charges from different transactions or occurrences need separate petitions, and each granted petition counts against the two-grant lifetime limit under §19.2-392.12.
Is a deferred and dismissed charge eligible?
Yes — §19.2-392.12 expressly covers a person who was convicted of, or had a charge deferred and dismissed for, a misdemeanor, a Class 5 or 6 felony, or a §18.2-95 larceny offense with an offense date on or after January 1, 1986. Eligibility in a specific case is still the court's decision.
What if my petition is denied?
A denial is a court order, and any challenge to it runs through the ordinary appellate rules, with short deadlines. That is a question for a lawyer promptly rather than a preparation tool, and it is a strong argument for checking whether a charge is on track to be sealed automatically first.
Is this workspace a law firm?
No. Virginia Record Sealing, a TC3 Project, is an independent preparation tool. It is not a law firm or government agency, it does not provide legal advice or determine eligibility, and it does not file petitions. Your paperwork is yours to file, or your lawyer's to file for you.