Virginia Expungement Guide: How to Seal Arrest Records Under New Laws

For decades, Virginia had some of the strictest record-clearing laws in the country. However, significant legislative shifts culminating in the 2025 and 2026 reforms have transformed how Virginians can handle past arrests and convictions. Whether your case was dismissed or you are seeking a fresh start after a conviction, the process is now more accessible than ever.

As of July 1, 2026, the Commonwealth officially transitions to a dual system of Automatic Sealing and Petition-Based Sealing, expanding eligibility to millions of records that were previously permanent.

1. Understanding the “New” Virginia Sealing Laws

It is important to distinguish between “Expungement” and the new “Sealing” statutes. While Expungement typically applies to non-convictions (dismissals or acquittals), the new Sealing laws allow for the concealment of certain convictions from public view.

Effective Date: Most new provisions take effect July 1, 2026.
Automatic vs. Petition: Some records will disappear automatically, while others require a formal request to the court.
The “Clean Slate” Rule: For many misdemeanors, a period of 7 years without new offenses is the standard benchmark for eligibility.

2. How to Expunge or Seal Arrest Records

The process depends entirely on the outcome of your case. Under the updated Virginia Code § 19.2-392.2, here is how the pathways break down:

A. Non-Convictions (Dismissed, Nolle Prosequi, Acquitted)

If you were arrested but not convicted, you are generally eligible for expungement or sealing.

Automatic Sealing: Starting October 1, 2026, many misdemeanor non-convictions will be automatically sealed by the Virginia State Police after 3 years, provided you have no other convictions on your record.
Petition for Expungement: You can still manually petition the Circuit Court to expunge a non-conviction immediately to clear your record faster than the automatic system.

B. Misdemeanor Convictions

For the first time in Virginia history, certain convictions can now be hidden.

Automatic Eligible Crimes: Possession of marijuana, underage alcohol possession, petit larceny, and disorderly conduct are among the offenses slated for automatic sealing after 7 years of “good behavior.”
Petition-Based Sealing: For misdemeanors not on the automatic list (excluding DUIs and domestic assault), you may petition the court for sealing after 7 years.

C. Felony Convictions

Sealing a felony remains a rigorous process and is never automatic.

Eligibility: Only Class 5, Class 6, and certain larceny felonies qualify.
The 10-Year Rule: You must wait 10 years after the completion of your sentence (including probation) without any new criminal convictions.
Exclusions: Violent felonies, sex offenses, and Class 1–4 felonies are strictly ineligible for sealing.

3. Step-by-Step Guide: Filing a Sealing Petition

If your record does not qualify for automatic action, you must follow the formal petition process:

Obtain Court Records: Secure a copy of the original warrant or indictment from the clerk of the court where you were charged.
File the Petition: Submit Form CC-1473 to the Circuit Court in the jurisdiction of your arrest. As of July 1, 2026, many filing fees for these petitions have been eliminated.
Fingerprinting: You must obtain a complete set of fingerprints from a local law enforcement agency to be sent to the Central Criminal Records Exchange (CCRE).
The Hearing: The Commonwealth’s Attorney has 21 days to object. If they do, a judge will hold a hearing to determine if the “manifest injustice” of keeping the record public outweighs the public’s interest in seeing it.

4.Why Sealing Matters: The Impact on Your Future

Once a record is sealed or expunged in Virginia, it is no longer accessible to the general public, including most employers and landlords.

Background Checks: Private background check companies are legally prohibited from disclosing sealed records.
Job Applications: Under the new laws, you can legally state that the arrest or conviction never occurred when applying for most private-sector jobs.
State Records: The records are not destroyed but are moved to a “confidential” database accessible only by court order or for highly sensitive law enforcement screenings.

Virginia Mugshots Search — Booking Photos by County and City

Virginia mugshots search allows users to locate booking photographs tied to Virginia arrest records through Arrests.org and county-level jail systems. These platforms index Virginia booking photos from sheriff’s offices and city jails, enabling users to search by name, county, or booking date. Users can identify individuals, review charge listings, and confirm custody status directly from structured booking profiles. Each step of the Virginia booking process generates the records and mugshots you see in these feeds until they are officially sealed or expunged.

Summary Checklist for 2026

Record Type	Action Type	Waiting Period
Marijuana Possession	Automatic	Immediate (July 2026)
Dismissed Misdemeanor	Automatic	3 Years
Eligible Misdemeanor Conviction	Automatic	7 Years
Eligible Felony Conviction	Petition Only	10 Years

Key Takeaway: The “wait and see” approach is now a valid strategy for minor offenses due to automatic sealing. However, for serious charges or faster results, filing a formal petition remains the most reliable way to secure your “Clean Slate.”