Virginia's new expungement and sealing framework: how the July 2026 Clean Slate law actually works

Virginia historically provided some of the most restrictive criminal record relief in the country. Until July 1, 2026, Virginia Code §19.2-392.2 provided expungement only for charges that resulted in acquittal, dismissal, nolle prosequi, or absolute pardon for innocence. There was no general mechanism for sealing or expungement of conviction records, regardless of how old the conviction or how thoroughly the person had rehabilitated. A misdemeanor disorderly conduct conviction from 1985 remained on Virginia's criminal history record permanently, visible to employers, landlords, and the general public through standard background checks.

That changes on July 1, 2026. The framework enacted through HB 2113 and SB 1339 in 2021, substantially amended by SB 1466 and HB 2723 in 2025, creates one of the most comprehensive record relief systems in the country. The framework includes automatic sealing for many misdemeanor non-convictions and several misdemeanor conviction categories, plus petition-based sealing for a broader range of convictions including some non-violent felonies. The framework also expands the existing §19.2-392.2 expungement procedures and creates parallel sealing procedures in a new Chapter 23.2 of Title 19.2 of the Virginia Code.

The implementation date was delayed multiple times. The original 2021 legislation was scheduled for July 1, 2025. The 2025 amendments delayed implementation by one year to July 1, 2026 to allow Virginia State Police and the Office of the Executive Secretary of the Supreme Court time to build the technological infrastructure needed for the automatic sealing framework. As of mid-2026, the infrastructure is in place and the framework is taking effect.

This is how Virginia's new framework actually works under the post-2025 amendments effective July 1, 2026, the distinction between expungement (under Chapter 23.1) and sealing (under Chapter 23.2), the eligibility criteria for each procedural path, and the strategic considerations for Virginia residents seeking record relief in 2026 and beyond.

What's new under the post-2026 framework

The framework establishes parallel but distinct procedural paths:

Chapter 23.1 expungement under Va. Code §19.2-392.2 continues to apply to acquittals, dismissals, nolle prosequi, and innocence cases. Expungement under this chapter results in physical destruction of records.

Chapter 23.2 sealing under Va. Code §§19.2-392.5 through 19.2-392.13 is new. Sealing under this chapter restricts access to records but doesn't destroy them. Sealed records remain accessible to law enforcement, courts, and certain government entities; they're removed from public access and most routine background checks.

Automatic procedures. Multiple new sections (§§19.2-392.8, 19.2-392.11, and others) provide automatic sealing for qualifying records without requiring the individual to file a petition. The Virginia State Police identifies eligible records and forwards them for sealing.

Petition-based procedures. Several sections (§§19.2-392.12, 19.2-392.12:1) provide petition-based sealing for records that don't qualify for automatic procedures but meet eligibility requirements. The individual files a petition in circuit court.

The distinction between expungement and sealing matters substantively. Expunged records under §19.2-392.2 are physically destroyed. Sealed records under Chapter 23.2 are preserved but restricted. Both provide meaningful relief but the scope of relief differs.

Automatic sealing of acquittals and dismissals (§§19.2-392.8 and 19.2-392.11)

The most aggressive automatic sealing provisions apply to acquittals and dismissals:

§19.2-392.8 provides automatic sealing for acquittals and dismissals when the order is entered. The court automatically enters a sealing order for qualifying non-conviction dispositions. This is "contemporaneous sealing" that happens at the time of the disposition rather than requiring later procedural steps.

§19.2-392.11 provides automatic sealing of misdemeanor non-convictions for persons with no convictions or deferred and dismissed offenses on their criminal history record. The framework requires:

The disposition was acquittal, nolle prosequi, or dismissal.

The offense was a misdemeanor.

The person has no convictions or deferred and dismissed offenses on their Virginia criminal history record.

The framework operates through Virginia State Police identification of eligible records. Starting October 1, 2026, the Virginia State Police sends lists of records to courts for automatic sealing.

The automatic sealing for non-convictions is one of the most consumer-favorable provisions in any state's record relief framework. Acquittals and dismissals are automatically sealed without requiring any procedural action by the individual.

Automatic sealing of misdemeanor convictions (§19.2-392.6)

For misdemeanor convictions, automatic sealing applies to specific categories listed in §19.2-392.6:

The automatically sealable misdemeanor convictions:

Petit larceny under §18.2-96.

Concealing merchandise under §18.2-103 (the typical "shoplifting" misdemeanor charge).

Three types of trespass under §§18.2-119, 18.2-128, and 18.2-130.

Misdemeanor distribution of marijuana under §18.2-248.1.

Disorderly conduct under §18.2-415.

The waiting period for automatic sealing of these convictions:

Seven years from the date of conviction.

No additional convictions during the seven-year waiting period (excluding traffic infractions).

No convictions for offenses not eligible for automatic sealing at any time. A person with a felony conviction or with a misdemeanor not on the automatic sealing list isn't eligible for automatic sealing of any conviction.

The framework is targeted: it covers specific common misdemeanors that disproportionately affect employment and housing opportunities. The seven-year waiting period and "no other convictions" requirement ensure that the framework applies to genuinely rehabilitated individuals.

Petition-based sealing (§§19.2-392.12 and 19.2-392.12:1)

For convictions that don't qualify for automatic sealing, §19.2-392.12 provides petition-based sealing in circuit court. The framework covers:

Deferred dispositions. Cases that resulted in deferred adjudication and dismissal under various Virginia statutes (general deferred disposition under §19.2-298.02, drug court dispositions, mental health court dispositions, etc.).

Misdemeanor convictions. Most misdemeanor convictions are eligible for petition-based sealing.

Some non-violent felony convictions. Specifically listed non-violent felonies are eligible for petition-based sealing.

Ancillary matters. When the underlying conviction is sealed, related ancillary matters (probation violations, FTA convictions, contempt convictions, bail appeals) are also sealed under §19.2-392.5.

The petition-based eligibility requirements:

Seven years since conviction (or since deferred dismissal). The waiting period runs from the conviction date.

No subsequent disqualifying convictions during the waiting period (excluding traffic infractions and offenses eligible for automatic sealing).

No prior sealing order disturbed by additional offenses.

Court finds "manifest injustice." The court must find that not sealing the record would result in manifest injustice to the petitioner. The standard is fact-intensive and considers the petitioner's rehabilitation, the time elapsed, the nature of the offense, and other relevant factors.

Offense date after January 1, 1986. The 2025 amendments added a date restriction. Convictions or deferred dismissals with offense dates before January 1, 1986 cannot be sealed under the new framework. This restriction was added to manage the volume of older cases that would otherwise be eligible.

The procedural framework:

The petition is filed in circuit court in the city or county where the case was disposed.

The prosecutor has the right to respond and oppose. If the prosecutor doesn't object, the court need not hold a hearing.

If the prosecutor objects, the court holds a hearing where both sides present evidence.

The court issues an order granting or denying sealing.

If granted, the sealing order is forwarded to Virginia State Police for processing.

Marijuana-specific provisions

Virginia has separate provisions for marijuana-related records:

Automatic expungement of simple possession. Under §19.2-392.2:2, records of arrests, charges, and convictions for simple marijuana possession are automatically expunged. This includes court records and police records.

Petition-based for misdemeanor sale of paraphernalia. Misdemeanor sale of marijuana paraphernalia is eligible for petition-based expungement.

Felony marijuana offenses. More serious marijuana offenses are typically eligible for sealing through the general sealing framework rather than expungement.

The marijuana-specific framework reflects Virginia's 2021 legalization of marijuana possession and the related desire to clear records for conduct that's now legal.

What's NOT eligible

The framework includes specific exclusions:

Violent felonies. Most felonies classified as violent offenses are excluded from both automatic and petition-based sealing. The exclusion is broader than just first-degree felonies; it includes various felony assault offenses, robbery, kidnapping, and similar violent felonies.

Sex offenses requiring registration. Sex offenses where the offender is subject to sex offender registration are categorically excluded.

DUI/DWI offenses. Convictions for driving while intoxicated and related offenses are excluded.

Domestic violence. Most domestic violence offenses are excluded.

Capital offenses. Capital murder and similar most serious offenses are excluded.

Offenses before January 1, 1986. Convictions and deferred dismissals with offense dates before this date are excluded from sealing under the 2025 amendments. Note: this restriction applies to sealing, not to §19.2-392.2 expungement (which has no comparable date restriction).

Federal and out-of-state convictions. Virginia's framework applies only to Virginia state law convictions. Federal convictions and out-of-state convictions aren't covered.

The procedural framework

For individuals seeking record relief in Virginia after July 1, 2026:

Confirm eligibility. Review the specific conviction or non-conviction, the offense category, the elapsed time, and the categorical exclusions. Identify whether automatic procedures, petition-based sealing, or §19.2-392.2 expungement applies.

Wait for automatic processing if applicable. For acquittals, dismissals, qualifying misdemeanor convictions, and marijuana cases, the framework provides automatic processing. The individual doesn't need to take action; the Virginia State Police identifies eligible records and forwards them for sealing/expungement. Verification through obtaining an updated criminal history record after a reasonable processing period confirms the automatic procedure worked correctly.

Petition-based procedures for non-automatic relief. For records that don't qualify for automatic procedures:

Get copies of the court records from the clerk of court (circuit, general district, or juvenile and domestic relations) in the city or county where the charge was initiated. Costs may be 50¢ to $1 per page.

Complete the petition for sealing or expungement.

File two copies in the circuit court (one for the court, one for service on the Commonwealth).

The Commonwealth's Attorney has the opportunity to respond.

If the prosecutor objects or the court requires a hearing, the hearing is scheduled.

The court issues an order.

If granted, the order is forwarded to Virginia State Police and Virginia Department of State Police for processing.

Filing fees. Petition fees may apply. The framework eliminates the filing fee for petitioners who establish indigency. A Sealing Fee Fund collects filing fees from petitioners who can afford them and uses the money to pay court-appointed attorneys for indigent petitioners.

How Virginia compares to other state frameworks

The post-2026 Virginia framework moves Virginia from one of the most restrictive states to one of the more progressive:

Compared to Michigan's Clean Slate (Public Act 193 of 2020): Both states provide automatic relief for qualifying convictions. Michigan's automatic framework is operational since April 11, 2023 with 1.5+ million records cleared; Virginia's automatic framework is launching July 1, 2026.

Compared to Pennsylvania's Clean Slate: Pennsylvania's automatic sealing has been operational since 2018. Virginia's framework covers similar offense categories with similar waiting periods.

Compared to New York's Clean Slate Act (effective November 16, 2024): Both states have recent automatic sealing frameworks. New York's framework provides broader coverage of felony convictions; Virginia's framework is more limited but includes the automatic acquittal/dismissal sealing that New York doesn't have.

Compared to Ohio's framework (R.C. §2953.32 post-SB 288): Ohio requires petition for all relief; Virginia's framework includes automatic processes that Ohio lacks. Ohio provides true expungement (destruction) for many cases; Virginia's framework mostly provides sealing rather than destruction.

Compared to Texas's framework: Texas has automatic expunction for certain non-conviction cases. Both frameworks have similar approaches to the distinction between true expungement (destruction) and sealing/nondisclosure.

The broader national framework is detailed in our state-by-state expungement framework overview. Virginia's transformation from highly restrictive to relatively progressive is one of the most significant state-level reforms in record relief in recent years.

Strategic considerations

For Virginia residents seeking record relief:

Understand the difference between expungement and sealing. Expungement under Chapter 23.1 (§19.2-392.2) destroys records. Sealing under Chapter 23.2 preserves records but restricts access. Both provide meaningful relief but the scope differs. For non-conviction cases, expungement under §19.2-392.2 is preferable when available. For conviction cases, sealing under Chapter 23.2 is the primary remedy.

Check eligibility for automatic procedures first. If the case qualifies for automatic processing (acquittal, dismissal, listed misdemeanor convictions after 7-year wait, marijuana cases), no petition is needed. Wait for automatic processing and verify completion through criminal history check.

For non-automatic cases, file the petition. Petition-based sealing requires affirmative action. Don't wait for the system to act on petition-eligible cases; file the petition.

Verify completion after expected processing time. Automatic procedures take time to process. Verification through obtaining an updated Virginia criminal history record confirms the procedure worked correctly. Errors can occur; identification and correction is the individual's responsibility.

Engage counsel for contested or complex cases. Uncontested petitions are procedurally manageable for self-representation, particularly given the absence of filing fees for indigent petitioners. Contested petitions (where the prosecutor opposes) typically benefit from counsel. Virginia expungement and sealing attorneys typically charge $500 to $3,500 depending on case complexity. The Sealing Fee Fund supports court-appointed attorneys for indigent petitioners.

Watch the offense date restriction. Convictions with offense dates before January 1, 1986 are not eligible for sealing under the 2025 amendments. This affects older cases that would have been eligible under the original 2021 legislation.

Plan for the timeline. Even with the framework taking effect July 1, 2026, processing automatic records will take time. The State Police starts sending automatic sealing lists October 1, 2026. Petition-based cases will face backlog as the new framework takes effect. Be patient with the implementation.

Don't assume federal effects. Virginia state-level expungement and sealing provide state-level relief. Federal background checks, federal firearms rights, federal immigration consequences, and federal employment effects may continue based on underlying records regardless of state-level action.

Coordinate with restoration of rights. Sealed felony convictions still require separate restoration of civil rights (voting, jury service, firearm rights). The sealing framework doesn't automatically restore these rights. A sealed felony conviction may still affect jury service and firearm eligibility unless separate restoration procedures are followed.

For Virginia residents whose records affected their lives under the previous restrictive framework, the post-2026 framework provides substantial relief. The combination of automatic procedures (for the most accessible categories) and petition-based procedures (for cases requiring individual consideration) provides multiple paths to relief. The implementation timeline may produce some delays as the system processes the substantial backlog of newly eligible cases, but the framework represents a major improvement in Virginia's approach to criminal record relief that will benefit hundreds of thousands of Virginia residents in the coming years.