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Virginia's 2026 expungement and sealing law opens up new opportunities to clear your criminal record. However, not all offenses qualify for automatic sealing. In many cases, you'll still need to petition the court to seal your record. Our experienced Manassas expungement lawyers explain what you need to know about the key differences between automatic sealing and sealing by petition under the new rules.
What Crimes Are Eligible for Automatic Sealing in Virginia?
Starting July 1, 2026, certain misdemeanor arrest records may be automatically sealed. You would qualify for expungement and automatic sealing if you were found not guilty, the charge was dropped, or the case was dismissed. You cannot have had any Virginia criminal convictions. You also can’t have any arrests or charges in our state within the last three years to be eligible for automatic sealing.
Additionally, certain misdemeanor offenses will be automatically sealed without the need to file a petition, as provided in Virginia Code § 19.2-392.2. However, automatic sealing is limited to a specific list of misdemeanors, and you must meet certain eligibility criteria.
Qualifying for Misdemeanor Automatic Sealing
Here are the eligibility requirements you must meet:
- Your conviction must be for a misdemeanor on the law's automatic sealing list.
- At least 7 years must have passed since the conviction.
- You must have no disqualifying convictions from the same period.
- You must have maintained a clean record with no new convictions (excluding traffic infractions) for 7 years.
Examples of Auto-Sealing Eligible Misdemeanors
Many misdemeanors are eligible for automatic sealing under Virginia’s new law. Examples include disorderly conduct, marijuana possession, underage alcohol possession, trespassing, and petit larceny.
If your misdemeanor meets these specific requirements, the court is required to seal it automatically. You don’t have to file a petition. But what about offenses that don't make the auto-sealing cut?
When is a Court Petition Required for Sealing of Criminal Records in Virginia?
Many criminal records in Virginia will still require sealing by filing a formal court petition, even under the new law. Here's when you'll typically need to take that extra step.
Misdemeanor Arrests and Non-Convictions
If you were arrested for a misdemeanor but never convicted (charges dropped, dismissed, or found not guilty), your arrest record might be eligible for sealing by petition if it doesn't qualify for automatic sealing and expungement.
Other Misdemeanor Convictions
Misdemeanor convictions not on the automatic sealing list may still be sealed by petitioning the court. However, certain offenses like DUI or domestic assault are excluded, and prior felonies may disqualify you.
Eligible Felony Convictions
Some non-violent felonies (generally Class 5 and 6) may now qualify for sealing by petition if you meet the law's strict criteria:
- You can’t have any disqualifying offenses on your record.
- Your sentence must have been completed at least 10 years ago.
- You must have a clean record with no new convictions for the past 10 years.
- You cannot have had two previous convictions sealed.
- You must demonstrate good cause to grant the petition.
Strategic Considerations in Deciding Your Eligibility for Automatic vs. Petition Sealing
When the new law takes effect in July 2026, your first step will be determining whether your offense qualifies for automatic sealing or if you'll need to petition. Our Manassas expungement attorneys can assess your eligibility and guide you through the differences between the two paths.
Qualifying for Automatic Sealing
If your misdemeanor is on the auto-sealing list and you meet the time and clean record requirements, the sealing process should occur automatically without further action. Our lawyers can confirm your eligibility and ensure the sealing occurs as expected.
Petitioning to Seal Other Offenses
For arrests, misdemeanors, and felonies that require petitioning, our knowledgeable expungement lawyers will carefully analyze your situation to determine if you meet the eligibility requirements for sealing by petition. If you’re eligible, we’ll collect the evidence you need to document how you meet the law's criteria and file your petition.
Our attorneys will attend your court hearing with you and craft a persuasive narrative demonstrating your fulfillment of the legal requirements, such as the passage of time, a clean recent record, and rehabilitation efforts. We’ll also highlight the positive steps you've taken and the potential benefits of sealing your record.
Strategically filing your petition is crucial to achieving your goal of a clear record. The skilled expungement lawyers at Wilson Law Firm will guide you through every step, from eligibility analysis to forceful courtroom advocacy, to help you secure a fresh start in your life.