Expungement vs. Sealing of Records in Virginia: How They Differ and How They Can Improve Your Life

A past run-in with the law can follow you for years by showing up on background checks, closing doors to housing, and creating barriers that have nothing to do with who you are today. Virginia is opening new pathways to a fresh start with significant changes to its expungement and sealing laws, also known 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 or restricted access. But taking advantage of these opportunities starts with understanding the specific legal criteria that apply to different types of charges and outcomes. At the Wilson Law Firm, our experienced Virginia expungement lawyers can review your record, explain your options for expungement vs. sealing in Virginia, and help you move forward.

What Is the Difference Between Expungement vs. Sealing of Criminal Records in Virginia?

Both expungement and sealing can improve your criminal record situation, but they work in distinct ways. Here is what sets them apart:

• Expungement. Expungement completely removes certain charges from your public criminal record. It requires filing a petition with the court and applies only to charges that were dismissed, dropped, or resulted in a not guilty verdict. Convictions generally cannot be expunged under current Virginia law.
• Sealing. When a criminal record is sealed, it limits who can view it. Employers, landlords, and the general public would be unable to access it, but law enforcement retains limited access. Under the new Clean Slate law, some offenses qualify for automatic sealing while others require a court petition.

In short, expungement removes eligible charges entirely while sealing restricts access to qualifying convictions. Both expungement vs. record sealing in Virginia can offer a meaningful way to clear a criminal record.

Who May Qualify for Expungement or Sealing in Virginia?

Under Virginia Code § 19.2-392.2, starting July 1, 2026, some misdemeanor arrest records that ended in a dismissal, acquittal, or dropped charge may be automatically expunged, provided the person has no Virginia convictions and no arrests within the past three years. Those who do not meet those criteria may still petition the court.

Certain misdemeanor convictions, including disorderly conduct, petit larceny, trespassing, and marijuana possession, may qualify for automatic sealing seven years after the offense, provided no new convictions have occurred during that period. Other misdemeanor convictions outside the automatic list may be sealable by petition, with limited exceptions for DUI and domestic assault.

The 2026 law also extends sealing eligibility to some non-violent felonies, including Class 5 and Class 6 offenses, by petition after 10 conviction-free years. Violent offenses, sex offenses, and weapons charges remain ineligible.

What Agencies Can Still See a Sealed or Expunged Record?

Sealing and expungement both limit public access to your criminal records. For most everyday purposes, like standard employment background checks, rental applications, and similar inquiries, neither a sealed nor an expunged record will appear.

However, the expungement vs. sealing of criminal records in Virginia doesn’t eliminate a record from every system. Understanding who can still view these records matters:

• Law enforcement and courts generally retain access to sealed records for authorized purposes.
• Certain employers in regulated industries, such as law enforcement agencies or positions requiring security clearances, may also retain access to sealed records.
• Expunged records carry stronger protections and are generally inaccessible even to most government agencies. However, law enforcement officers may have access for employment and criminal investigation purposes under Virginia Code § 19.2-392.3.

How Virginia's New Clean Slate Laws Could Affect Your Life

The 2026 changes will expand record relief eligibility for thousands of Virginians. Here is how clearing your criminal record can dramatically improve your life:

• Better employment prospects. Most employers run background checks. A sealed or expunged offense generally will not appear in those searches, allowing you to compete fairly for positions without a past charge defining the outcome.
• Improved housing options. Many landlords screen for criminal records. Removing eligible offenses from a public record can reduce barriers when you apply for housing, particularly in competitive rental markets.
• Renewed peace of mind. A lingering criminal record can be a source of ongoing stress long after you’ve served your sentence. Sealing or expungement offers a legal fresh start and the ability to pursue goals without the burden of a mistake you made long ago.

How a Virginia Expungement Lawyer at The Wilson Law Firm Can Help

The 2026 Clean Slate law creates real opportunities to get a fresh start on your life. But the eligibility rules are complicated, and the petition process requires careful preparation. The Wilson Law Firm's knowledgeable expungement lawyers can help by:

• Thoroughly assessing a record to determine eligibility under the new rules
• Gathering all required documentation and carefully preparing the court petition
• Attending all necessary court hearings
• Providing trusted guidance and advocacy throughout the process to work toward the best possible outcome

A past charge does not have to define what comes next. Virginia's expanded record relief laws open doors that were closed for decades, and understanding which option applies is where the process begins. The Wilson Law Firm is ready to help.