If you have a criminal record or have lost your right to possess firearms in Virginia, you may be unsure about the legal options available to clear your name or restore your gun rights. Two distinct processes—expungement and gun rights restoration—offer potential solutions, but they apply in different situations.
While expungement (also known as record sealing) and rights restoration can help you move forward after a criminal case, they serve different purposes and have specific eligibility requirements. Our experienced Manassas gun rights restoration lawyers at The Wilson Law Firm can explain the key differences between these options and help you pursue the best choices to clear your criminal record and restore your firearm rights.
What Is Expungement of Criminal Records in Virginia?
Expungement is the process of removing a criminal charge from your criminal record and sealing criminal records from public view. In Virginia, expungement eligibility has been limited to specific circumstances:
- Acquittal or dismissal. You may petition for expungement if you were found not guilty or your charges were dismissed.
- No prosecution. If the prosecutor decides not to prosecute your case, your case can be expunged.
- Identity theft. You may be eligible for expungement if someone stole your identity and committed crimes in your name.
However, a new Virginia expungement law that will take effect in July 2026 significantly expands eligibility and allows for automatic record sealing for some cases. Under the new Virginia record sealing law, misdemeanor arrest records may be automatically sealed if the individual is found not guilty, the case is dismissed, or the government drops the charges. They must have no prior convictions in Virginia and have not been arrested or charged with a crime in the state within the last three years. Those who do not meet these criteria may still petition the court for expungement of their misdemeanor arrest record.
Additionally, some misdemeanor conviction records, such as concealment, disorderly conduct, marijuana possession, and underage alcohol possession, may be automatically sealed seven years after the conviction date if specific criteria are met. Individuals may also petition the court to seal their record after a misdemeanor conviction, except for DUI and domestic assault or battery cases.
The new law also allows for sealing certain felony convictions, including Class 5 and Class 6 felonies and felony larceny offenses, if specific conditions are met. These conditions include a 10-year waiting period, demonstration of rehabilitation for alcohol or drug-related crimes, and no convictions for serious felonies within a specified timeframe. However, sealing felony convictions is not automatic and requires petitioning the court.
It's important to note that expungement does not automatically restore firearms rights lost due to a felony conviction. Expungement and gun rights restoration are separate processes, each with its own eligibility requirements.
How Gun Rights Restoration Works in Virginia
Under Virginia Code § 2-308.2, you would automatically lose your gun rights if you were convicted of a felony. However, you may be able to get your firearm rights restored after you serve your sentence and maintain a clear criminal record. Our gun rights restoration lawyers can help you take these steps to get your gun rights back:
- Restore your civil rights. You must first petition the Governor’s office to restore your civil rights.
- Petition to the Circuit Court. Your next step is to petition the circuit court in your jurisdiction to restore your gun rights and attend a court hearing. The court will consider factors like the nature of your offense, your criminal history, and evidence of your rehabilitation when deciding whether to grant your petition.
Restoring your gun rights does not remove the underlying conviction from your record. Even if your rights are restored, the felony will still appear on background checks for employment, housing, and other purposes.
Get the Help You Need to Choose the Right Process for Your Situation
A criminal record or loss of gun rights can impact many aspects of your life, from job opportunities to housing and beyond. Taking steps to clear your record through expungement or restore your firearm privileges can provide a fresh start and expand your opportunities.
Determining whether expungement, gun rights restoration, or both are appropriate for your case can be challenging. Consulting with our knowledgeable Manassas lawyers who regularly handle these matters is essential.
The legal team at The Wilson Law Firm can review your case, explain your options, and guide you through the process. We understand the intricacies of Virginia's expungement and restoration laws and can help you clear your record and restore your rights.