Virginia Expungement and Sealing Law Changes in 2026: How They Can Help You Clear Your Criminal Record

When a past run-in with the law keeps haunting your background checks, it's time to explore your options for clearing your criminal record. Virginia is opening new doors to a fresh start with significant changes to its expungement and sealing laws, also referred to as the Clean Slate law, set to take effect on July 1, 2026.

The updates will allow more individuals to clear eligible offenses from their records, either through complete removal (expungement) or restricted access (sealing). But to take advantage of these new opportunities, it's crucial to understand the specific legal criteria that will apply to different types of charges and outcomes. Our experienced Manassas expungement lawyers can explain your options and help you get a fresh start by clearing your criminal record.

Expungement vs. Sealing: What's the Difference in Virginia?

While both expungement and sealing aim to improve your criminal record, they achieve it in distinct ways in our state. Here are the differences you need to understand:

• Expungement. Expungement completely removes certain charges from your public criminal record. It requires petitioning the court and only applies to charges that were dismissed, dropped, or resulted in a not guilty verdict.
• Sealing of criminal records.  When your criminal record is sealed, it limits who has access to viewing it. Employers, landlords, and the general public would be unable to view them, but law enforcement would have limited access. Under the new expungement and sealing law, some offenses qualify for automatic sealing, and others require a court petition.

In short, expungement removes eligible charges entirely, while sealing restricts access to qualified convictions. Both can offer you a way to clean up your criminal record.

Automatic and Petition-Based Sealing for Misdemeanors Until the Clean Slate Law

One of the most significant changes arriving in 2026 under Virginia Code § 19.2-392.2 is the expansion of misdemeanor expungement and sealing, with new pathways for both automatic and petition-based relief. 

Automatic Expungement of Misdemeanor Arrests 

Starting July 1, 2026, some misdemeanor arrest records may be automatically expunged if you were found not guilty, the charge was dropped, or the case was dismissed. To qualify, you must have no other Virginia convictions and no arrests or charges in the state within the past three years.

Automatic Sealing of Misdemeanor Convictions

Automatic sealing will also become available for some misdemeanor convictions seven years after the offense, as long as you:

• Have no other disqualifying convictions from the same time period
• Have maintained a clean record with no new convictions (excluding traffic infractions) for seven years
• Were convicted of a misdemeanor on the law's automatic sealing list

Examples of crimes that may be eligible for automatic sealing include: 

• Disorderly conduct
• Marijuana possession
• Underage alcohol possession
• Trespassing
• Petit larceny

Petition-Based Sealing for Misdemeanors

If your misdemeanor arrest doesn't qualify for automatic sealing, you can still petition the court to have it sealed.

You may also petition to seal certain misdemeanor convictions that aren't on the automatic list. This option applies to offenses other than DUI or domestic assault and battery, although some prior felony convictions could disqualify you.

What Felonies Can Be Sealed Under Virginia’s New Expungement and Sealing Law? 

The updated law, which takes effect July 1, 2026, expands sealing eligibility to include some non-violent felonies. However, more serious crimes involving violence, weapons, or sex offenses remain ineligible.

Sealing Criteria for Eligible Felonies

Under the new rules, Class 5 and 6 felonies like grand larceny or drug possession may qualify for sealing if the individual:

• Has no other disqualifying offenses on their record
• Completed all terms of their sentence at least 10 years ago
• Has maintained a clean record with no additional convictions in the past decade
• Has not already had two previous convictions sealed
• Demonstrates good cause for granting the petition to the court

How Virginia's New Record Laws Could Impact You

The 2026 expungement and sealing changes will significantly expand eligibility for record relief, opening up new opportunities for thousands of Virginians. Here's what it could mean for you:

• Increased access to record clearing. More offenses will be eligible for removal from your record, especially certain misdemeanor arrests, non-convictions, and minor convictions. This means a broader range of past legal issues can potentially be addressed. 
• Better employment prospects. Clearing your record can significantly enhance your chances of securing a job. Most employers run background checks, and a sealed or expunged offense won't appear in those searches, allowing you to compete fairly for positions. 
• Improved housing options. Many landlords also screen for criminal records. By removing eligible offenses from your public record, you'll face fewer barriers when applying for housing. This can be especially important in competitive rental markets. 
• Renewed peace of mind. A lingering criminal record can be a source of stress and stigma long after you've moved on from a past mistake. Sealing or expungement offers a legal fresh start and the confidence to pursue your goals without that burden.

How an Experienced Manassas Expungement Lawyer Can Help

Don’t let a mistake you made in the past ruin your life. To give yourself the best chance at a successful expungement or sealing of your criminal records under the Clean Slate law, you should consult with our knowledgeable expungement lawyers at the Wilson Law Firm. Here’s how our attorneys can help you: 

• Thoroughly assess your record to determine eligibility under the new rules
• Gather all required documentation and carefully prepare your court petition
• Attend all court hearings
• Provide trusted guidance and advocacy throughout the process and work to achieve the best possible outcome