Virginia Record Sealing Takes Effect July 1, 2026: Three Paths to a Clean Slate

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

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On July 1, 2026, Virginia’s record sealing law takes full effect — marking the most significant change to Virginia’s criminal record law in decades. For the first time, many Virginians with conviction records will have a realistic legal path to having those records hidden from public background checks.

This article explains the three sealing tracks Virginia’s new law creates, who qualifies for each, and what the process involves.

Background: Virginia’s Clean Slate Act

Virginia passed the Clean Slate Act in 2021, creating a new framework for automatic and petition-based sealing of certain criminal conviction records. Unlike expungement — which removes records of charges that were dismissed or resulted in acquittal — sealing addresses convictions. A sealed record is not destroyed, but it is hidden from the general public and from most private background check systems. For most employment, housing, and credit purposes, a sealed conviction is effectively invisible.

For a broader overview of expungement versus sealing and how the prior law worked, see our article on expungement and sealing in Virginia.

The July 1, 2026 date is when the conviction-sealing provisions come online. Before that date, only non-conviction records (acquittals, dismissals, nolle prosequi) were eligible for expungement under the prior law.

What Offenses Are Eligible

Not every conviction qualifies for sealing. The following categories are covered:

• Misdemeanors (all classes, subject to exclusions)
• Class 5 felonies
• Class 6 felonies
• Grand larceny
• Offenses punishable as grand larceny

Convictions for violent felonies, certain sex offenses, and other categorically excluded offenses are not eligible for sealing under this framework. The eligibility analysis for any specific charge requires reviewing the actual statute of conviction against the list of qualifying and disqualifying offenses.

The Three Tracks

Virginia’s new sealing law creates three distinct pathways, each with different procedures and requirements.

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Track 1: Automatic Sealing (Va. Code § 19.2-392.6)

No action required by the individual.

For a defined set of misdemeanor convictions, the Virginia State Police will proactively compile lists of eligible records, notify the courts, and courts will order sealing — without any petition from the person whose record it is. This track applies only to offenses with an offense date on or after January 1, 1986.

Offenses eligible for automatic sealing include:

• Petit larceny
• Shoplifting and concealment of merchandise
• Disorderly conduct
• Certain trespassing offenses (instigating a trespass, trespass on posted property, trespass after being forbidden)
• Misdemeanor distribution of marijuana

Eligibility requirements (verified by State Police):

• At least seven years have passed since the date of conviction
• No convictions reportable to the Central Criminal Records Exchange (CCRE) in those seven years
• No conviction for an offense ineligible for automatic sealing on the same date

If you have one of these convictions and the waiting period has passed, sealing should occur automatically under Va. Code § 19.2-392.6 without any filing on your part — but implementation will occur in stages as the Virginia State Police compile eligible records and notify courts. Records may not update immediately on July 1, 2026. If you are uncertain whether your record has been sealed, an attorney can help you confirm.

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Track 2: Streamlined Petition-Based Sealing (Va. Code § 19.2-392.12:1)

A petition is required, but the court must grant it if eligibility requirements are met — no contested hearing.

This track applies to a broader set of circumstances than automatic sealing. The court shall grant a petition under this track if the eligibility criteria are satisfied — unlike the full petition process described in Track 3, there is no discretionary manifest injustice standard and no hearing unless required for a procedural reason.

Who files under this track:

• Persons with deferred dismissals for the same offenses eligible for automatic sealing (petit larceny, shoplifting, disorderly conduct, certain trespassing, misdemeanor marijuana distribution)
• Persons with convictions or deferred dismissals for:
  • Underage purchase or possession of alcohol (Va. Code § 4.1-305)
  • Sale of drug paraphernalia (Va. Code § 18.2-265.3)
• Cases where the State Police are unable to determine eligibility status for an offense that would otherwise be automatically sealed
• Ancillary matters related to an offense that is being sealed — including contempt of court, failure to appear, bail appeals, and probation or sentence violations connected to the matter being sealed

Eligibility requirements:

• At least seven years since the conviction date or the date of dismissal after deferral
• No CCRE-reportable convictions in those seven years
• No conviction for an ineligible offense on the same date

Because courts are required to grant these petitions when the criteria are met, this track is more straightforward than Track 3 — but a petition must still be filed, served correctly, and supported by the required documentation including a State Police records check.

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Track 3: Full Petition-Based Sealing (Va. Code § 19.2-392.12)

A petition is required and, in most cases, a hearing before a circuit court judge.

This is the most involved track and the one where legal representation makes the greatest practical difference. It covers qualifying misdemeanors and lower-level felonies that do not fall within Tracks 1 or 2.

Waiting Periods

Before a conviction is eligible for petition-based sealing, the following time must have passed from the latest of: date of conviction, date of dismissal after deferral, or date of release from incarceration:

• Misdemeanors: 7 years
• Felonies (Class 5, Class 6, Grand Larceny): 10 years

During the entire waiting period, the person must not have been convicted of any crime reportable to the CCRE.

Where to File

All petitions are filed in the civil division of the circuit court in the jurisdiction where the conviction occurred. For convictions in Christiansburg or elsewhere in Montgomery County, that is the Montgomery County Circuit Court.

The Commonwealth Attorney’s Role

The petitioner must serve a copy of the petition on the Commonwealth’s Attorney, who has 30 days to respond. Two outcomes are possible:

• Concession: The Commonwealth may concede in writing that the petitioner is eligible and that the charge causes or may cause a manifest injustice. If so, no hearing is required and the court may grant the petition.
• Objection: If the Commonwealth objects, the court must schedule a hearing. The petitioner will need to present their case before a judge.

The Manifest Injustice Standard

At a contested hearing, the petitioner must demonstrate that the existence and possible dissemination of the offense causes or may cause a “manifest injustice.” This is a legal standard defined by case law, not the statute itself, and it continues to develop as courts encounter these petitions for the first time.

Under current case law, manifest injustice in the sealing context generally means concrete barriers in:

• Finding employment
• Securing housing
• Attending higher education

Important features of the standard:

• The harm does not have to have already occurred — it only needs to be shown that it may occur
• The standard is forward-looking: the facts of the underlying offense are not the focus; the impact on the petitioner going forward is what matters
• The petitioner’s subjective belief alone is not sufficient; there must be more than a bare assertion of hardship

For drug or alcohol offenses, the petitioner must also demonstrate that they are rehabilitated.

All restitution owed in the case must be paid in full before a petition can be granted.

Effectively presenting a manifest injustice case — including evidence of employment barriers, housing denials, or educational obstacles tied to the criminal record — is where experienced legal representation provides the most tangible value.

Practical Considerations for New River Valley Residents

For residents of Christiansburg, Blacksburg, Radford, Pulaski, and surrounding communities in the New River Valley, the July 1, 2026 effective date opens relief that has not previously been available. A minor conviction from years or even decades ago may now be sealable — but only if the specific offense qualifies, the waiting periods are met, and the petition is correctly filed.

Key steps before filing:

1. Obtain your complete criminal history from the Virginia State Police — this is required to be submitted with Track 3 petitions and is useful for any eligibility analysis
2. Identify the specific statute of conviction, not just the general offense name — eligibility depends on the exact charge
3. Calculate waiting periods from the correct starting date, which may be later than the conviction date if incarceration or a supervised release period was involved
4. Confirm restitution status if any was ordered

We cannot predict or promise any particular outcome in your case. Whether a petition will be granted depends on the specific facts, the offense, the jurisdiction, and, in contested cases, how the manifest injustice standard is applied.

Getting Started

If you have an old conviction record and want to understand whether sealing may be available after July 1, 2026, consulting with a Virginia attorney before or shortly after that date is advisable. Eligibility questions are often not simple, and the petition process — particularly Track 3 — benefits from legal representation.

Valley Legal serves clients in Montgomery County, Blacksburg, Radford, Pulaski, and throughout the New River Valley.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.