Table of Contents
- What Are Virginia's Expungement Eligibility Rules?
- How Do Probation Violations Affect Expungement Eligibility in Virginia?
- What Is the Waiting Period to Apply for an Expungement After a Probation Violation?
- Do You Have to Petition the Court to Obtain an Expungement If You Have a Probation Violation?
- Get the Personalized Guidance You Need When Seeking an Expungement
If you're considering seeking an expungement of a criminal charge to avoid the long-term consequences of a criminal record, you may be wondering how a probation violation affects your expungement eligibility in Virginia. The short answer is that it depends on the specifics of your case and the recent changes made to Virginia's record sealing laws in the 2025 legislative session.
The experienced Manassas expungement lawyers at The Wilson Law Firm understand how frustrating and confusing this situation can be. While a probation violation can complicate the expungement process, you may still have options depending on the specific circumstances of your case. Our attorneys will evaluate your case and fight hard to get you the clean slate you deserve if you’re eligible for an expungement.
What Are Virginia's Expungement Eligibility Rules?
If granted an expungement, your criminal charge and conviction will be removed from police and court records. Your record will be sealed, and the public cannot view it.
Unfortunately, expungement eligibility in Virginia is limited unless Virginia’s Clean Slate law applies. You may qualify to have a charge sealed if this doesn’t apply in these situations:
- You were found not guilty.
- The charge was dismissed through nolle prosequi, which is when the prosecutor decides to dismiss the charges.
- You received an absolute pardon after conviction.
- You successfully completed probation or a diversion program.
- Your identity was used without consent in someone else's case.
- You were charged with a misdemeanor like assault and battery, where you could be civilly liable, the victim signs a statement that you fully compensated them, and the case was dismissed.
Under the Clean Slate law, some misdemeanor convictions and dismissed misdemeanor charges can be automatically sealed if you meet the eligibility requirements. Misdemeanors eligible for automatic expungement include petit larceny, shoplifting, marijuana possession, and disorderly conduct. In addition, some Class 5, Class 6, and larcenies could be eligible for an expungement. However, a probation violation can complicate your eligibility.
How Do Probation Violations Affect Expungement Eligibility in Virginia?
Before the 2025 amendments to Virginia’s Clean Slate law, a probation violation could disqualify you from having the underlying charge expunged. If you were placed on probation and then violated the terms of that probation, the violation would typically make you ineligible for expungement of the original offense, even if it had been dismissed, or you would have an extremely hard time convincing a judge to grant you an expungement.
However, the 2025 legislative changes introduced the concept of "ancillary matters." Under the revised law, certain probation violations and other related offenses can now be sealed along with the primary charge. Virginia Code Section 19.2-392.5 defines an "ancillary matter" as:
- A violation of the terms of a suspended sentence, probation, or parole
- Contempt of court
- Failure to appear
- An appeal from a bail, bond, or recognizance order
The new expungement law doesn’t go into effect until July 1, 2026. However, if you have an otherwise eligible offense, such as a dismissed charge, a subsequent probation violation may no longer automatically disqualify you from sealing that original offense. The primary charge and the violation can potentially be sealed if all other eligibility criteria are met.
What Is the Waiting Period to Apply for an Expungement After a Probation Violation?
The 2025 amendments also altered the seven-year waiting period to request an expungement for certain offenses. If you have an eligible offense with a subsequent ancillary matter, like a probation violation, the waiting period to seal the original offense now begins running from the date of the most recent ancillary matter. For example, if you had a grand larceny charge in 2020 that was later dismissed, but had a related probation violation in 2021, the waiting period to seal the larceny charge would start from the 2021 violation date.
Do You Have to Petition the Court to Obtain an Expungement If You Have a Probation Violation?
Some offenses, such as petit larceny, misdemeanor distribution of marijuana, and concealment of property, can be automatically sealed after the seven-year waiting period. However, if you violated probation, you'll likely need to file a petition with the court and attend a court hearing to have your record sealed. When considering your petition, the court will evaluate:
- The nature and severity of the violation
- Your progress and efforts at rehabilitation
- The prosecution's position (they may object to sealing)
Presenting strong evidence of rehabilitation and having only minor violations will improve your chances of success. Our skilled expungement lawyers can help you build the most persuasive petition possible.
Get the Personalized Guidance You Need When Seeking an Expungement
The expungement law in Virginia is complex, and every case is unique. At The Wilson Law Firm, we understand the intricacies of Virginia's expungement rules, including the recent changes made in 2025. We can review your case, determine your eligibility, and guide you through the process of petitioning to have your record sealed. With our help, you may still be able to move forward with a clean slate, even with a prior probation violation.