State Guide
Virginia stands as one of the most restrictive states in the country when it comes to criminal record relief. For most of its modern legal history, Virginia's expungement statute applied only to arrests and charges that did not result in convictions. Persons with actual convictions — regardless of how minor the offense, how long ago it occurred, or how dramatically their circumstances had changed — had essentially no avenue under state law to clear their record.
That framework is changing. The Virginia General Assembly enacted a sweeping new sealing law (Va. Code Chapter 23.2, covering §§ 19.2-392.12 through 19.2-392.15) that will fundamentally transform what record relief is available in the Commonwealth. However — and this is a critical point for anyone currently navigating this process — the new law does not take effect until July 1, 2026. As of 2025, Virginia's current law remains in force, and understanding both frameworks is necessary for any accurate assessment of options.
The current expungement statute, § 19.2-392.2, is both narrow and procedurally demanding. It applies only to arrests, charges, and legal proceedings that did not result in a conviction. Specifically, the following categories of records may currently be expunged in Virginia:
Arrests where no charges were ever formally filed qualify for expungement. Charges that were nolle prossed — meaning the Commonwealth's Attorney declined to prosecute and entered a formal dismissal — are eligible. Charges that resulted in an acquittal at trial are eligible. Cases where the court entered a deferred disposition with no finding of guilt, which was later dismissed upon completion of conditions, are generally eligible as well.
What is not eligible under current § 19.2-392.2 is any record of an actual conviction. If a Virginia court entered a guilty finding, a plea of guilty was accepted, or a finding of no contest was entered, that conviction record cannot be expunged under existing law. This is an absolute bar under the current statute, with no exceptions for offense type, sentence length, or time elapsed since the conviction.
Even for non-conviction records — arrests and charges that did not result in a guilty verdict — Virginia does not automatically expunge the records. This is another area where Virginia diverges from more favorable state frameworks, where dismissed charges are automatically sealed or expunged without court intervention.
Under § 19.2-392.2, the petitioner must affirmatively file a petition in circuit court and demonstrate to the judge that the continued existence of the record causes "manifest injustice." This is a legal standard that requires the petitioner to articulate concrete, specific ways in which the existence of the arrest or charge record is harming or will harm them — through lost employment opportunities, housing denials, professional licensing barriers, or other tangible consequences.
Courts in Virginia have interpreted the manifest injustice standard with varying degrees of rigor. Some circuit courts have granted petitions relatively readily upon a showing of any employment-related hardship. Others have applied the standard strictly, requiring detailed evidence of actual harm. This inconsistency across jurisdictions means that the procedural outcome can depend significantly on which court the petition is filed in and the practices of the judges in that circuit.
The procedure under § 19.2-392.2 requires serving the petition on the arresting law enforcement agency and on the Commonwealth's Attorney for the jurisdiction where the arrest or charge occurred. Both parties have standing to respond and may appear at the hearing. The arresting law enforcement agency may object on investigative grounds; the Commonwealth's Attorney may oppose on public safety grounds. The petitioner bears the burden of satisfying the court that expungement is appropriate.
If the petition is granted, the circuit court issues an order directing the Central Criminal Records Exchange (CCRE) and all relevant agencies — the arresting agency, the court system, and any other repository holding records of the incident — to expunge (destroy) their records of the arrest or charge. The practical effect of a successful expungement under current law is complete destruction of the record, not merely sealing.
For the significant number of Virginians with actual criminal convictions — who currently have no avenue for record sealing or expungement under state law — there are limited but real alternatives worth understanding.
The restoration of civil rights is a separate process under Virginia's Constitution (Article II, Section 1). Virginia felons automatically lose their rights to vote and serve on juries upon conviction. The Governor has authority to restore those rights. Virginia has expanded its rights restoration process in recent years, and gubernatorial restoration of voting and jury rights can be sought even by persons with serious felony convictions. Restoration of civil rights does not seal or expunge the underlying conviction record, but it does restore important civic participation rights and can strengthen a petition for relief under other mechanisms.
An absolute pardon from the Governor is available for persons who claim factual innocence of the conviction. This is an extraordinarily high bar — absolute pardons require proof of actual innocence, not merely doubts about the conviction — but it represents a pathway for a small category of persons who were wrongfully convicted. A conditional pardon, which does not require proof of innocence, may relieve certain collateral consequences of conviction but does not constitute expungement.
For some federal offenses prosecuted under Virginia federal district courts, federal record sealing mechanisms may apply, though these are narrow as well. Interstate issues involving Virginia convictions and other states' records require case-by-case analysis.
Va. Code Chapter 23.2 (§§ 19.2-392.12 through 19.2-392.15) represents the most significant expansion of Virginia's record relief framework since the current expungement statute was enacted. When it takes effect on July 1, 2026, it will create sealing pathways for many categories of convictions that are currently unreachable.
Under the new framework, Class 1 misdemeanor convictions and many Class 4, 5, and 6 felony offenses will be eligible for sealing (not expungement — the records will be hidden from most background checks but will not be destroyed). The waiting periods are seven years for misdemeanor convictions and ten years for eligible felony convictions, measured from the later of the date of conviction or the date of release from incarceration or supervised release.
The new law also creates an automatic sealing mechanism for certain categories of non-violent offenses after sufficient crime-free time has elapsed, without requiring a petition. This will address the current situation in which dismissed charges and non-conviction records require court intervention even when there is no public interest in maintaining the record's accessibility.
Regarding pre-enactment convictions: the new Chapter 23.2 contains specific provisions governing how persons with convictions that occurred before July 1, 2026 are treated. Not every pre-2026 conviction will be automatically eligible under the new framework, and the application of the new waiting periods and eligibility categories to pre-enactment records involves careful legal analysis. Persons with Virginia convictions seeking relief under the new law should consult an attorney to determine whether the new sealing law, when it takes effect July 1, 2026, would cover their specific offense.
Several categories of offenses will remain ineligible for sealing even under the new law. Violent felonies, sex offenses, offenses against children, and Class 1, 2, and 3 felonies (the most serious categories) are not covered by Chapter 23.2. DUI convictions and offenses involving family abuse and domestic violence are also excluded from the sealing framework.
The July 2026 law creates sealing, not expungement, for most conviction records. Understanding this distinction matters for planning purposes. Sealing in Virginia means that the record is not visible to most private employers, landlords, or members of the public conducting background checks. The record remains accessible to law enforcement, courts, prosecutors, and certain licensing agencies. The record can be unsealed for purposes of subsequent criminal proceedings.
True expungement — the complete destruction of records — will continue to be available only for non-conviction arrests and charges under the new framework (and was the remedy available under current § 19.2-392.2). Most conviction records that become eligible for relief under Chapter 23.2 will be sealed, not destroyed.
For most persons affected by criminal conviction records, the practical difference between sealing and expungement in everyday employment and housing contexts is minimal — most private background checks will not surface the record in either case. The difference becomes relevant primarily in law enforcement and criminal justice contexts, certain licensed professions, and federal employment.
Persons with Virginia convictions who anticipate potentially qualifying under the July 2026 sealing law have an opportunity between now and that effective date to position themselves advantageously. This means maintaining a crime-free record so that the waiting period calculation is as favorable as possible when the new law takes effect, staying current on any financial obligations from the conviction (fines, restitution, court costs), and consulting with a Virginia attorney about whether a specific conviction falls within the categories covered by Chapter 23.2.
For persons with non-conviction arrests on their record, pursuing expungement under current § 19.2-392.2 now — rather than waiting for the new law — makes sense in most cases, since those records are currently expungeable (destroyed) under a standard that will not become more favorable under the new framework.
For a full overview of current eligibility, the manifest injustice standard, and updates as the July 2026 effective date approaches, visit the Virginia expungement guide.
Virginia's current framework means that the several hundred thousand Virginians with conviction records — who cannot today obtain any form of record sealing under state law — must wait for July 1, 2026 for the new law to potentially offer relief. That represents a meaningful period during which the practical burden of a criminal conviction record continues to affect employment, housing, and professional licensing decisions.
Advocacy organizations operating in Virginia have actively supported implementation of the new sealing law and provide resources for understanding who will qualify. Courts and the Virginia State Police are preparing for the administrative requirements of implementing the new system. For anyone currently affected by a Virginia conviction record, staying informed about the implementation timeline and consulting with counsel about post-July 2026 options is the most productive course of action available in 2025.
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
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