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SEALING OF CRIMINAL RECORDS

SEALING OF CRIMINAL RECORDS BEGINS ON JULY 1, 2026

 
 

On July 1, 2026, various statutes will take effect in Virginia that allow for the automatic and petition sealing of numerous offenses (See Senate Bill 1466, House Bill 2723, and Va. Code Ann. § 19.2-392.5 et seq. (2025)). Processes will be in place to automatically seal the following types of offenses:

    • Misdemeanor convictions (petit larceny, shoplifting, trespassing, instigating trespass, trespass on posted property, distribution of marijuana, and disorderly conduct);
    • Possession of marijuana offenses (criminal and civil);
    • Misdemeanor non-convictions at case conclusion (acquittal and dismissal with prejudice);
    • Felony non-convictions at case conclusion (upon verbal request by the defendant and concurrence of the Commonwealth’s Attorney) (acquittal and dismissal with prejudice);
    • Previously concluded misdemeanor non-convictions (acquittal, nolle prosequi, and dismissal, excluding deferred dismissal); and,
    • Traffic infractions.
 

In addition, the following two petition processes will be available to seal certain offenses:

    • Petition sealing of misdemeanor and felony convictions, deferred dismissals, and related ancillary matters, with the exception of numerous types of offenses, such as Class 1, 2, 3, and 4 felonies, sex crimes, violent felonies, sex trafficking, felonies involving the use of a firearm, protective order violations, hate crimes, animal cruelty, election laws, date rape drug offenses, not guilty by reason of insanity dispositions, dangerous or vicious dogs offenses, and crimes against family or household members; and,
    • Automatic petition sealing of misdemeanor convictions and deferred dismissals eligible for automatic sealing that were unable to be sealed through the automatic process, certain other misdemeanor convictions and deferred dismissals not eligible for automatic sealing, and related ancillary matters.
 

The sealing statutes apply to records in the possession of (i) the Central Criminal Records Exchange (CCRE) operated by Virginia State Police, (ii) any Virginia court, (iii) any Virginia police department, sheriff's office, or campus police department, or (iv) the Virginia Department of Motor Vehicles that relate to an arrest, charge, conviction, or specifically identified ancillary matter. Sealing also applies to certain records that are not criminal in nature, such as civil offenses for possession of marijuana and traffic infractions. Furthermore, the sealing statutes prohibit background check companies from sharing sealed criminal records. 

 

CLICK ON THE FOLLOWING LINKS FOR ADDITONAL INFORMATION ON SEALING :