Virginians may be eligible for sealing their criminal records in 2026
Life can be difficult if you have a criminal record. A criminal conviction can keep you from getting that new job or signing up for a new apartment. Background checks make it difficult to move on with your life when you have a criminal history.
Virginia used to only have one way of getting rid of your criminal history, expungement. Expungement is how you file paperwork with a court to have your criminal records destroyed. By going through the expungement process, you can make it easier to to move on.
However, expungements are difficult to get. In Virginia, an expungement was usually reserved for people who were not convicted of a crime. If you were convicted of a crime, you would have to go through a lengthy process of getting a governor’s pardon and then filing with the court. Getting a governor’s pardon was a long process and there was never a guarantee you would be approved.
In 2021, Virginia lawmakers saw that this was a problem and decided to create a new way of getting rid of your criminal history. A new process known as “sealing” is coming to Virginia and eligibility will open up in 2026. This article is a resource to determine if you are eligible and to discuss what you have to do to get your records sealed. Ultimately, you will want a good criminal lawyer to help you as the process is still difficult.
Who is eligible for sealing their criminal records? The new law breaks down eligibility into three categories; a) people who were convicted of a crime, b) people who had their case deferred and ultimately dismissed and c) people who were acquitted (found not guilty) of the crime. The category you fall in to will effect the process you have to go through in order to seal your criminal records. This new law does not apply to traffic offenses.
If all you have on your record are misdemeanor charges that were ultimately dismissed or you were acquitted of, then you may eventually receive an automatic sealing letter if you have not had any other court involvement for certain types of charges in the last three years starting in 2026. Some misdemeanor charges will get automatically sealed even if they resulted in a conviction.
If you were convicted or had a deferral of of a) any misdemeanor that do not get automatically sealed, b) a Class 5 or Class 6 felony, or c) grand larceny (Class U felony), then you will not received an automatic sealing notice and have to file court paperwork to have your criminal charges sealed. There are some exceptions that you will need to talk about with your lawyer. You will have to present a case to the Court that not sealing your records will have a “manifest injustice,” which is a high legal standard.
What happens if my records are sealed? Even though this new law will cause the court records to be more difficult to find by the general public, will you will still have to tell new employers about any of these convictions if you are asked as part of your hiring process. There will still be a method for your employer to find these records. This new sealing law is mostly to keep the general public from looking up your criminal history. Landlords will find it especially difficult to learn about prior criminal history. You will also still be responsible for any unpaid court costs and may still receive collection notices from the Court.
How do I get my records sealed? If you are interested in finding out if you will be eligible for sealing your records, you should reach out to a local criminal lawyers to help you file whatever you need with the Court. Your lawyer can tell you what charges are eligible for sealing and which are not. Make sure to talk to a lawyer before the new law takes effect in July of 2026 to have all your paperwork ready to file with the Court.