A criminal record follows people into job applications, housing searches, and everyday life long after a sentence has been served. In recognition of how problematic an older or “minor” criminal record can be, the Virginia legislature recently made some important changes. Senate Bill 1466 and House Bill 2723, now in effect as of July 1, 2026, under Virginia Code § 19.2-392.5 et seq. create the first realistic legal path to restricting public access to a past charge or conviction through record sealing.
Petition Sealing: The Process That Benefits from Legal Help
Petition sealing is a form of record sealing in Virginia that requires filing a formal request with the circuit court in the jurisdiction where your criminal case was concluded. For this process, having an experienced criminal defense attorney is highly recommended due to the legal technicalities and processes involved.
General petition sealing covers most misdemeanor convictions, Class 5 and 6 felony convictions, larceny offenses, and deferred dismissals, with a seven-year waiting period for misdemeanors and 10 years for felonies. To qualify, a petitioner must have maintained a clean record during the waiting period and paid any restitution owed on the offense to be sealed. When a petition is granted, the practical benefits can include prohibiting background check companies from sharing the sealed record and prohibiting certain entities, including landlords and educational institutions, from asking about it.
There is a lifetime limit of two granted petitions under Virginia’s new statute, though. A single petition can cover multiple offenses from the same criminal incident or case, which makes how you structure and prioritize your petition an important step that you should only handle with a lawyer’s guidance. An attorney can also help in cases where a record should have been automatically sealed but was not due to a reporting or clerical error.
Automatic Sealing: The Process That Handles Itself
Automatic sealing works differently. The state identifies qualifying records and seals them without any action required from the individual. Qualifying categories include certain misdemeanor convictions after a seven-year clean record period, marijuana possession charges, acquittals and dismissals at case conclusion, previously concluded misdemeanor non-convictions, and traffic infractions after 11 years. No petition, no court appearance, and no attorney are needed for automatic sealing to occur.
Talk to The Law Offices of Daniel J. Miller About Petition Sealing
Virginia's new sealing law is one of the most significant expansions of criminal record relief in the state's history. For those whose records qualify for petition sealing, it is a new opportunity, but only if it is pursued correctly. At The Law Offices of Daniel J. Miller, our attorneys help clients evaluate their records under the new law, identify which offenses to prioritize, and prepare petitions to seal their records.
If you have questions about petition 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.