⚖️ Virginia Criminal Record Expungement Laws
🏛️ Overview
Virginia has traditionally had some of the strictest expungement laws in the country. Historically, expungement was only available when a person was found not guilty, had charges dismissed, or received certain acquittals.
However, Virginia passed a major record sealing reform law that expands relief beginning in 2025 and beyond.
Virginia uses both:
- Expungement (physical destruction/removal of records in limited situations)
- Record Sealing (records hidden from public view)
📜 Main Virginia Expungement & Sealing Laws
⚖️ Virginia Expungement Statute
📘 Va. Code § 19.2-392.2
This is Virginia’s primary expungement law.
It allows expungement when:
- Charges were dismissed
- Person was acquitted
- Prosecutor dropped the case (nolle prosequi)
- Identity theft caused wrongful charges
- Absolute pardon granted for innocence
✅ Who Qualifies for Traditional Expungement?
✔️ Eligible Situations
A person may qualify if:
- They were found not guilty
- Charges were dismissed
- The case was dropped
- The person received an absolute pardon
- The arrest was due to mistaken identity
⚠️ Important
In most situations involving dismissal or acquittal, the court must also find:
Continuing the record causes a “manifest injustice.”
For misdemeanors, courts are often more flexible.
For felonies, the burden is higher.
❌ What Cannot Usually Be Expunged?
Virginia generally does not allow expungement of:
- Convictions
- Guilty pleas
- Most felony convictions
- DUI convictions
- Traffic convictions
Instead, many convictions may become eligible for record sealing under newer laws.
🆕 Virginia Record Sealing Reform
📘 2021 Clean Slate Legislation
Virginia passed major reforms expanding record sealing opportunities.
Some provisions became effective July 1, 2025.
🔒 What Can Be Sealed?
✅ Eligible Convictions (Certain Cases)
Potentially sealable offenses include:
- Many misdemeanor convictions
- Some low-level felonies
- Deferred dismissals
- Marijuana offenses
- Juvenile records
- Non-conviction records
⏳ Waiting Periods for Sealing
🕒 General Waiting Periods
Typical waiting periods include:
| Offense Type | Waiting Period |
|---|---|
| Non-convictions | Immediate or short wait |
| Misdemeanors | About 7 years |
| Certain felonies | About 10 years |
The person generally must:
- Remain conviction-free
- Complete all sentencing requirements
- Pay restitution/court obligations
🚫 Offenses Usually Excluded
Virginia generally excludes:
- Violent felonies
- Most sex offenses
- Crimes against children
- Serious felony offenses
🌿 Marijuana Expungement & Sealing
📘 Cannabis Reform Laws
Virginia allows sealing for many:
- Simple marijuana possession offenses
- Certain prior cannabis convictions
Some records may qualify for:
- Automatic sealing
- Petition-based sealing
👶 Juvenile Record Sealing
✅ Juvenile Records
Many juvenile records may be sealed automatically or through petition once:
- The person reaches adulthood
- Time requirements pass
- No further serious offenses occur
📝 How to Apply for Expungement
📂 General Process
A petitioner usually must:
- File a petition in the circuit court
- Obtain fingerprints
- Serve the Commonwealth’s Attorney
- Attend a court hearing (if required)
- Show eligibility and possible hardship
💵 Filing Costs
💲 Possible Costs
Costs may include:
- Filing fees
- Fingerprinting fees
- Attorney fees (optional but often helpful)
Fee waivers may be available in hardship situations.
⚖️ Virginia Pardons
👤 Governor’s Clemency Power
The Governor of Virginia may issue:
- Simple pardons
- Conditional pardons
- Absolute pardons
📘 Absolute Pardons
An absolute pardon based on innocence may support expungement eligibility.
📌 Important Notes
⚠️ Expungement vs. Sealing
In Virginia:
- Expungement usually means destruction/removal of records
- Sealing means records still exist but are hidden from public access
🔍 Law Enforcement Access
Even sealed records may still be visible to:
- Courts
- Police
- Prosecutors
- Certain government agencies
📚 Key Virginia Statutes
- 📘 Va. Code § 19.2-392.2 — Expungement
- 📘 Va. Code § 19.2-392.12 through § 19.2-392.18 — Record sealing laws
- 📘 Virginia Clean Slate legislation (2021 reforms)
⚠️ Disclaimer
Virginia expungement and sealing laws are complex and continue evolving as newer Clean Slate provisions take effect. Court interpretation and eligibility rules can vary by county and offense history. Consulting a Virginia criminal defense or expungement attorney can help determine eligibility.
Virginia offers expungements for individuals under certain circumstances. These include:
- A defendant who entered a Not Guilty plea and is acquitted of all charges.
- A party in a civil action who is arrested or is charged with contempt of court, but is subsequently found not guilty.
- A defendant in a criminal case in which the prosecution files a motion to nolle prosequi the charges.
- A defendant who is charged with assault and battery or a misdemeanor for which there is a civil remedy (injured party must acknowledge in writing to the court that there has been satisfaction for the injury).
- An individual’s name or identification was used without consent or authorization in a criminal case.
- An individual has been granted an absolute pardon.
Virginia has three different pardons that may be granted by the governor: a simple pardon, a conditional pardon, and an absolute pardon.
A simple pardon officially forgives an individual of their criminal history. It does not expunge or erase the conviction from an individual’s record, but there will be a notation that a pardon was given on the individual’s record. A simple pardon may be used to seek certain types of employment and/or education. To apply for a simple pardon an individual must have been conviction-free for a period of five years. If a felony was involved, an individual must have first applied and been granted a Restoration of Rights.
A conditional pardon is only available to those individuals who are currently incarcerated. These pardons are granted for early release. Conditions are imposed when granted, and a violation of those conditions would result in re-incarceration.
An absolute pardon is only for individuals who are innocent of the charges they were convicted of. The petitioner must have pled NOT GUILTY throughout the judicial process. An application for an absolute pardon can only be submitted when all other avenues, appeals, and remedies have been exhausted.
*In 2004, the Virginia General Assembly passed legislation that allows individuals convicted of a crime, and who claim innocence, to petition the court for a Right of Actual Innocence. This avenue must also be used and exhausted before applying for an absolute pardon.