Fairfax Expungement Attorneys

Virginia’s 2026 Record Sealing Law: What Changed

Virginia’s new record sealing law (Va. Code Ann. § 19.2-392.5 et seq.), enacted through Senate Bill 1466 and House Bill 2723, took effect July 1, 2026. It created two distinct pathways for relief that operate alongside the existing expungement process under § 19.2-392.2. Sealing and expungement aren’t the same thing: expungement permanently removes records for qualifying non-convictions; sealing limits public access while allowing courts, law enforcement, and certain government agencies to retain access in circumstances permitted by law. Sealing does not destroy the underlying record, restore firearm rights, or guarantee removal from every private background-check database.

Automatic Sealing

Automatic sealing applies to a limited category of qualifying offenses, including petit larceny, shoplifting, disorderly conduct, certain trespassing offenses, and misdemeanor marijuana distribution. To qualify, at least seven years must have passed since the conviction, and the person must have had no convictions reportable to the Central Criminal Records Exchange during that period. The Virginia State Police compiles eligible records and notifies courts; judges then issue sealing orders without any action required by the individual. The State Police began transmitting the first lists of eligible records to courts on October 1, 2026, so those whose records qualify should plan for a staged rollout rather than immediate removal from all databases. Records with offense dates before January 1, 1986, can’t be sealed under the new law.

Petition-Based Sealing

Petition-based sealing covers a broader category: most other qualifying misdemeanor convictions and some Class 5 and Class 6 felony convictions, including certain larceny-related felonies. Waiting periods apply: seven years from conviction or release for misdemeanors, 10 years for eligible felonies, with a clean record required throughout. For petitions filed on or after July 1, 2026, filing fees and the fingerprint card requirement have been eliminated. The process otherwise mirrors a traditional expungement petition: obtain court records, draft and file the petition in circuit court, serve the Commonwealth’s Attorney, and attend a hearing if the Commonwealth objects.

Non-Convictions Under the New Framework

For cases resolved on or after July 1, 2026, qualifying misdemeanor acquittals and dismissals are sealed contemporaneously when they occur in court. For older cases, a qualifying misdemeanor dismissal or acquittal may be automatically sealed if the record has been clean for three years. These provisions are separate from the conviction-sealing pathways described above.

What the New Law Does Not Cover

Significant categories of offenses are excluded from sealing regardless of how much time has passed:

• Class 1 through Class 4 felonies
• Sex crimes
• Violent felonies
• Felonies involving use of a firearm
• Domestic assault
• DUI offenses
• Protective order violations
• Hate crimes

Eligibility under the new law is highly fact-specific. It turns on the exact offense, the final disposition, the offense date, the length and cleanliness of the waiting period, and whether the case falls into the automatic or petition-based category. When the Commonwealth objects to a petition, the “manifest injustice” standard may come into play. Because that standard is defined through case law rather than the statute itself, representation by experienced counsel in a contested proceeding can make a meaningful difference. Our attorneys have handled criminal defense matters in Virginia’s state and federal courts since 1982. Contact us to discuss which pathway, if any, may apply to your record.