In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing.
Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process. Unfortunately, this law does not take effect until July 1, 2025. Because LAJC recognizes people directly impacted by criminal records need help now, we plan to push Virginia to move up the effective date of the new law.
See the information below for more information about the new record sealing law and how it applies in different legal situations. You can also read more about it in this blog post by LAJC attorney Rob Poggenklass. Check out our expungement page to learn more about our work around expungement and record-sealing.
What’s the difference between sealing and expungement?
In Virginia, not much. In some states, expungement means a criminal record has been totally destroyed, while sealing means a record has been placed in a secure location where only a few people can access it for very specific reasons. Current Virginia law says “expungement” while the new law says “sealing,” but the terms are defined similarly. In Virginia, expungement means a record has been placed in a secure location where only a few people can access it for very specific reasons, such as a court clerk having access so that she can collect payments on any fines or fees still owed on the case. Under the new law, sealing means the record will be transferred to a confidential and secure area inaccessible from normal use. Once a record is sealed or expunged, it can be accessed only by obtaining a court order and only for a few specific reasons set forth in the law. Most importantly, regardless of whether a record is sealed or expunged, most employers and landlords will no longer have access to it.
Is there anything I can do to expunge records right now?
Maybe! Virginia already has an expungement law, which allows people whose cases were dismissed, dropped, or who were found not guilty to ask a court to expunge those records. While not everyone qualifies for expungement under this law, until the new law takes effect, this is the only way to clear a criminal record in Virginia.
When does the new law take effect?
July 1, 2025. Automatic sealing will begin October 1, 2025. The General Assembly delayed the effective date of the new law to give courts and the Virginia State Police time to upgrade their computer systems. LAJC believes impacted individuals need relief sooner and plans to push the General Assembly to move up this date.
How do I know if my record qualifies for sealing under the new law?
Read our information (below) on record-sealing for different legal situations.
How long does the process take?
Under Virginia’s current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible. The process for petition-based sealing will still take several months but one source of delays under the old law is the requirement that individuals get fingerprinted. Under the new law, the fingerprint requirement has been removed, so that should speed the process up a bit.
Want to connect with other people organizing for expungement?
The Virginia Expungement Council welcomes individuals who are impacted by criminal records. Email vaexpungementcouncil@gmail.com for more information and upcoming meetings.
What is sealing?
The commonwealth keeps two copies of every criminal record. One is kept by the Virginia State Police and the other is kept by the court where the person was charged. The new law defines sealing as prohibiting the dissemination sharing of these two records – which means that the court won’t tell anyone you were charged except in certain circumstances where there is a court order (see below).
Can sealed records still be accessed in some situations?
Yes. The General Assembly created a list of situations in which certain individuals or government agencies can access sealed records but only if they obtain a court order to do so. Police and prosecutors cannot view sealed records unless they get a court order.
Here are a few situations when a court order can be obtained to access a sealed criminal record:
What do you mean by “most” potential employers?
Some employers require the disclosure of all records—even sealed records. If you are applying to work (or even volunteer) for the Virginia State Police or a local police department or sheriff’s office and you do not disclose your sealed record, you can be convicted of perjury, a felony. Other
employers may also require the disclosure of sealed records if other state or federal laws say disclosure is necessary, or if disclosure is in the interest of national security. Because perjury requires a willful act, the potential employer has an obligation to tell you that you must disclose the sealed record.
Most potential employers will not be able to require you to disclose a sealed record. An employer who asks about sealed records when the law does not require you to disclose it will be guilty of a Class 1 misdemeanor.
What can I do if my record is sealed but it still appears on background checks?
The new law addresses this situation by requiring companies that buy and sell criminal records to delete sealed records. The new law requires these companies to register with the Virginia State Police and keep their records updated. If a company refuses to delete your sealed record, under the new law you or the Attorney General of Virginia can file a lawsuit and recover money damages from the company.
Automatic sealing:
If you were convicted of one of the following misdemeanors, your record may be automatically sealed when twhen Virginia begins automatic sealing of criminal records on October 1, 2025:
Additional requirements for misdemeanor automatic sealing:
Asking a court to seal your record (non-automatic):
If you were convicted of any misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.
Additional requirements for a misdemeanor petition:
Lifetime limits:
The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).
Automatic sealing:
If you were charged but not convicted of a misdemeanor offense, your record may be automatically sealed when the Virginia begins automatic sealing of criminal records on October 1, 2025. A non-conviction includes the following outcomes:
Asking the court to seal your record:
If you have misdemeanor—or felony—non-convictions on your record but do not meet the requirements above, you can petition for expungement under current law. If you cannot afford to hire an attorney, contact any LAJC office to see if you qualify for our help.
Additional requirements:
Additional requirements for misdemeanor non-conviction sealing:
Lifetime limits:
The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).
What is deferral-dismissal?
When a person is charged with certain offenses for the first time and has never been convicted of a felony, Virginia courts will sometimes defer (avoid) convicting the person even though the court has enough evidence to convict. The person will typically have to complete some type of probation and pay all fines, fees, and restitution associated with the case. If the person is successful, the court will dismiss the case. This is a “deferral-dismissal.”
Automatic sealing:
If you received a deferral-dismissal of the following misdemeanors, your record may be automatically sealed when the new law takes effect on October 1, 2025:
Additional requirements for misdemeanor automatic sealing:
Asking a court to seal your record (non-automatic):
If you received a deferral-dismissal for any other misdemeanor except DUI or assault and battery of a family or household member, you can petition a court to seal your record on July 1, 2025. If you cannot afford to hire an attorney to help you with the court process, the new law says you can ask the court to appoint one for you.
Additional requirements for a misdemeanor petition:
Lifetime limits:
The new law imposes a lifetime limit on the number of times a person can seal convictions and deferral-dismissals. Each person can seal convictions and deferrals from only two sentencing events. You may have been convicted of multiple charges by a court on the same day—if so, these count as one sentencing event. The lifetime limit does not apply to non-convictions (dismissals, acquittals, nolle prosequi).