Virginia Expungement
Virginia Record Relief: Current Expungement Rights and the Coming Clean Slate Law
Virginia is in the middle of a historic transition in how it handles criminal record relief. Under current law — which applies until June 30, 2026 — the state offers expungement only for non-conviction records: cases where charges were dismissed, you were acquitted, or the government declined to prosecute. Adult conviction records in Virginia cannot currently be expunged or sealed except through an absolute pardon based on actual innocence. That changes July 1, 2026, when the comprehensive sealing law enacted through HB 2113 and SB 1339 in 2021 and substantially refined through SB 1466 and HB 2723 in 2025 takes effect. The new law will create both automatic sealing for many lower-level convictions and a petition-based pathway for others. We help clients understand what is available today under Va. Code § 19.2-392.2 and begin preparing their cases now so they are positioned to act immediately when the expanded law becomes operative.
Who Qualifies in Virginia
Eligibility Requirements
Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.
Under current Virginia law, Va. Code § 19.2-392.2 allows any person who was charged with a crime and whose charge was dismissed, nolle prossed, or otherwise disposed of without a conviction to petition the general district or circuit court for expungement of the police and court records relating to that charge.
Expungement of a non-conviction record is not automatic in Virginia; you must petition the court, and the court must find that the continued existence of the record causes or may cause circumstances that constitute a manifest injustice before the petition will be granted.
If you were acquitted following a trial on the merits, you are entitled to expungement upon petition as a matter of right — the manifest injustice standard does not apply to acquittals, and the court must grant the petition.
Former marijuana convictions that are now legal under Virginia's marijuana legalization law are eligible for automatic expungement under a separate provision of Va. Code Chapter 23.1, codified at § 19.2-392.2:1 and § 19.2-392.2:2.
Virginia's first-offender diversion programs and deferred dispositions result in dismissal of charges upon successful completion, and those dismissed charges are then eligible for expungement under § 19.2-392.2 using the standard non-conviction pathway.
Beginning July 1, 2026, the new sealing law will extend relief to nine categories of misdemeanor convictions, deferred dismissals, and a range of lower-level felony convictions through a combination of automatic and petition-based sealing — if you have a conviction record, consult with us now to determine whether your record will qualify for relief under the incoming law.
Important exceptions: Until July 1, 2026, Virginia offers no statutory relief for adult conviction records that resulted from a guilty plea, a jury conviction, or a bench trial finding of guilt — regardless of how old the conviction is or how compelling the individual's rehabilitation story may be. The only exception involves convictions that were vacated pursuant to a writ of actual innocence or that were the subject of an absolute pardon for innocence; those records are eligible for expungement. The new sealing law taking effect July 1, 2026 will change this picture significantly but will not cover all convictions — serious violent felonies, most Class 1 and Class 2 felonies, sex offenses, and offenses against children will remain permanently excluded even under the expanded law.
How It Works
The Virginia Process
For current expungement of non-conviction records under § 19.2-392.2, we obtain your Virginia criminal history from the Virginia State Police, confirm the case disposition, and prepare a petition filed in the court that handled the original charge — general district court for misdemeanors and circuit court for felonies.
We serve the petition on the Commonwealth's Attorney for the relevant jurisdiction and on the State Police; Virginia gives the Commonwealth 21 days to respond, after which the court schedules a hearing at which we present evidence of the manifest injustice caused by the continued existence of the record, along with evidence of your background, conduct, and the circumstances of the original charge.
After the court grants the order, we serve certified copies on the Virginia State Police, the Central Criminal Records Exchange, all identified local agencies, and any other repository named in the order; we monitor the updates to the state criminal history database and advise you on how the expungement affects your rights under Virginia law going forward.
Typical Timeframe
3–6 Months
Legal Reference
Governing Statute
The primary legal authority governing expungement in Virginia is Va. Code § 19.2-392.2 (Expungement of Non-Conviction Records); Va. Code §§ 19.2-392.2:1 and 19.2-392.2:2 (Marijuana Automatic Expungement); Va. Code Chapter 23.2 (Sealing Law, effective July 1, 2026). This page was last reviewed on January 15, 2025.
State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.
Related Reading
More on Virginia Expungement
Expungement in Other States
California
Clear your California criminal record under Penal Code § 1203.4. Learn eligibility requirements, timelines (2–4 months) for CA expungement.
Texas
Texas expunction removes arrests from your record; nondisclosure seals eligible convictions. Learn eligibility and timelines for Texas record clearing.
Florida
Florida offers record sealing (§ 943.059) and expungement (§ 943.0585) for eligible offenses. Timelines 4–6 months.
New York
New York offers sealing of up to 2 convictions under CPL § 160.59 after a 10-year clean period. Learn eligibility and timelines (6–18 months).
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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.
Results disclosure
Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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