If you have ever been passed over for a job, denied housing, or felt the weight of a past charge follow you around, Virginia's new record sealing law may be the most relevant legal development to happen in years.
As of July 1, 2026, Virginia's record sealing statutes under Virginia Code § 19.2-392.5 et seq. are now in effect. For many Virginians, this represents the first realistic legal path to limiting who can see their criminal history and under what circumstances.
What Record Sealing in Virginia Actually Means
Sealing a criminal record does not erase it. What it does is restrict public access to it. Once a record is sealed, background check companies in Virginia are prohibited from sharing the sealed offense. Courts, law enforcement agencies, and the DMV are similarly limited in how they can disclose it. For day-to-day purposes, such as job applications, housing applications, and general public visibility, a sealed record becomes significantly less accessible to those who would use it against you.
There are limits to record sealing worth knowing upfront, though. Sealing does not restore your civil rights or your right to possess a firearm. Fines and restitution tied to a sealed offense still must be paid. Government agencies can still access sealed records for certain official functions. But for the practical obstacles that a criminal record creates in daily life, sealing is a meaningful form of relief that did not exist at this scale in Virginia before recently.
How Sealing is Different from Expungement
Many Virginians are familiar with expungement. Record sealing is a separate and distinct process. Expungement in Virginia applies only to non-convictions, including charges that were dismissed, acquitted, or otherwise did not result in a conviction. Sealing covers a broader range of outcomes, including certain convictions. If a past charge did result in a conviction, expungement was likely never an option for you. Under the new sealing law, relief may now be within reach.
What the New Law Created
Virginia's sealing law established two primary pathways to relief:
- The first is automatic sealing, which requires no action from you. For certain qualifying offenses, including specific misdemeanor convictions like petit larceny and disorderly conduct after a seven-year clean record period, marijuana possession charges, non-convictions at case conclusion, and traffic infractions, the government identifies and seals eligible records on its own. At least, it should.
- The second is petition sealing, which requires filing a request with the circuit court where your case was concluded. This pathway covers a broader class of offenses, including most misdemeanor convictions, Class 5 and 6 felony convictions, and deferred dismissals. Petition sealing comes with eligibility requirements, including waiting periods, a clean record during those periods, and paid restitution, but it opens the door for many people who have never had any realistic path to limiting access to their records before now.
Who the New Law Does Not Help
Not every offense is eligible for record sealing under Virginia’s legislative update.
The following types of convictions cannot be sealed through the petition process:
- Class 1, 2, 3, and 4 felonies
- Sex crimes and sex trafficking offenses
- Violent felonies
- Felonies involving the use of a firearm
- Hate crimes and animal cruelty offenses
- Protective order violations
- Crimes against family or household members
If you are unsure whether your conviction falls into one of these categories, a record sealing attorney can review your record and provide their insight.
What is the Two-Petition Lifetime Limit?
Under Virginia's record sealing statute, a person can only have two petitions to seal a criminal record granted in their lifetime. That limit applies regardless of how many eligible offenses appear on your record, though a single petition can include multiple charges arising from the same criminal event.
This limit makes petition sealing a strategic decision, not just a procedural one. If you have multiple offenses that could qualify, understanding which ones to prioritize and how to structure your petition to make the most of it is the kind of guidance an experienced attorney should be able to provide.
Legal Help with Virginia Record Sealing
Virginia's record sealing law represents an opportunity for people across the state who want to put some of their criminal history behind them. At The Law Offices of Daniel J. Miller, we are honored to help clients evaluate their criminal records under the new law and determine what qualifies for record sealing. We understand both the legal process and what is personally at stake for every client who comes to us, so reach out today.
If you have questions about sealing your Virginia criminal record, call The Law Offices of Daniel J. Miller at (757) 267-4949 or contact us online to schedule your consultation.