Can You Get a Charge Expunged or Sealed in Virginia?

The information in this article is for general informational purposes only and does not constitute legal advice. Laws change and individual circumstances vary. Consult a licensed Virginia attorney about your specific situation. Reading this article does not create an attorney-client relationship nor does merely contacting our office through this website or any other means.

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For many years, Virginia had one of the most restrictive expungement laws in the United States. If you were convicted of any crime, that record was essentially permanent. Virginia only allowed expungement in narrow circumstances involving charges that were dismissed or resulted in acquittal. That landscape changed significantly with the passage of the Virginia Clean Slate Act in 2021, which established a framework for automatic sealing and expanded eligibility for petition-based expungement. The Act’s provisions have been rolling out in phases, with key automatic sealing provisions taking effect in 2025.

This article explains the current state of Virginia’s expungement and sealing law, who qualifies, what the process looks like, and what the practical effect of a sealed or expunged record is.

Understanding the Terminology: Expungement vs. Sealing

Virginia law now distinguishes between expungement and sealing, and the distinction matters.

Expungement under Va. Code § 19.2-392.2 removes the court record and related law enforcement records from public access. In the most complete form of expungement, the record is physically destroyed or removed from databases.

Sealing is a newer concept in Virginia law, authorized by the Clean Slate Act. A sealed record is not destroyed, but it is hidden from public view and from most background check inquiries. Government agencies and certain employers may still be able to access sealed records in defined circumstances, but the general public and most private employers cannot.

For practical purposes, both sealed and expunged records are largely invisible to standard commercial background checks, which is what matters most for housing and employment purposes.

What Qualifies for Expungement: Acquittals, Dismissals, and Nolle Prosequi

Under the existing expungement statute, Va. Code § 19.2-392.2, a person may petition for expungement of arrest records and court records in the following circumstances:

Acquittal

If you were charged with a crime and found not guilty at trial, the arrest record and court record may be expunged. An acquittal means the factfinder determined the Commonwealth did not prove its case beyond a reasonable doubt. A clean acquittal is one of the clearest paths to expungement.

Nolle Prosequi

If the Commonwealth entered a nolle prosequi (meaning the prosecution was abandoned without conviction), the charge is eligible for expungement. A nolle prosequi is not a conviction, and it should not follow a person indefinitely on their record.

Absolute Pardon

If you received an absolute pardon from the Governor of Virginia, the underlying record may be expunged.

Deferred Dispositions

If a charge was handled through a deferred disposition program such as the § 18.2-251 first offender deferral for drug charges or the § 18.2-57.3 domestic violence first offender program, and the charge was subsequently dismissed upon successful completion, that dismissed record may be eligible for expungement.

This is important for residents of Christiansburg, Blacksburg, and elsewhere in the New River Valley who completed a first offender program years ago and want to clear their record. The successful completion and dismissal of the underlying charge can be the basis for an expungement petition.

What Does Not Qualify for Expungement (Under Prior Law)

Prior to the Clean Slate Act changes, Virginia did not allow expungement of convictions, even for minor offenses. If you pled guilty, were found guilty after trial, or received a conviction by any other means, the record was permanent. This remained true for offenses ranging from petty misdemeanors to felonies.

The Clean Slate Act changes this for a subset of convictions, as discussed below.

The Virginia Clean Slate Act: Automatic Sealing

The Clean Slate Act of 2021 established a new framework under which certain convictions are automatically sealed after a waiting period, without requiring the individual to file a petition. The automatic sealing provisions are administered through the Virginia State Police and court systems.

What Is Automatically Sealed

Under the Clean Slate Act framework:

• Class 3 and Class 4 misdemeanor convictions (fine-only offenses) are eligible for automatic sealing after a waiting period, provided the individual has no subsequent convictions and has paid all fines and costs.
• Certain Class 1 and Class 2 misdemeanor convictions and other specified offenses may be eligible for automatic sealing under the Act’s provisions, subject to specific eligibility criteria.
• Marijuana simple possession convictions from before Virginia’s legalization are specifically addressed for sealing or expungement under related provisions.

The waiting periods before automatic sealing apply vary by offense type. An individual is not required to take any action to benefit from automatic sealing if they qualify.

What Is Not Eligible for Automatic Sealing

Convictions for violent felonies, certain sex offenses, offenses involving minors, and other specified serious offenses are excluded from the automatic sealing provisions. The Clean Slate Act is designed to address lower-level, nonviolent offenses.

Petition-Based Sealing Under the Clean Slate Act

The Clean Slate Act also expanded the petition-based sealing process for qualifying convictions that do not meet automatic sealing criteria. Under the expanded provisions, certain misdemeanor and lower-level felony convictions may be sealed upon petition after a waiting period, if:

• The required time has passed since the conviction or completion of sentence
• The petitioner has not been convicted of a new qualifying offense during the waiting period
• The offense is not among those categorically excluded

The specific waiting periods and eligibility criteria depend on the offense level. Consulting with a Virginia attorney is the most reliable way to determine whether a particular conviction qualifies under the current version of the statute, given that some provisions of the Act continued to roll out through 2025.

The Effect of Sealing on Background Checks

A sealed record is not visible to most background check providers, including those used by employers, landlords, and banks. When a sealed record is not disclosed, the person is generally authorized to deny the existence of the arrest or conviction in most contexts.

There are exceptions. Certain government positions, law enforcement agencies, the Virginia State Bar, and regulated industries may have access to sealed records. When applying for these positions or licenses, additional disclosure may be required. An attorney can advise on the specific disclosure obligations that apply to a given situation.

The Expungement Petition Process

Expungement under § 19.2-392.2 requires filing a petition in the circuit court of the jurisdiction where the charge arose. For charges that originated in Christiansburg, the petition is filed in the Montgomery County Circuit Court.

The process generally involves:

• Filing a petition with supporting documentation
• Serving the Commonwealth’s Attorney and the relevant law enforcement agency
• A hearing before a circuit court judge
• If granted, an order directing the expungement of records from the court system, law enforcement databases, and other relevant repositories

The Commonwealth may object to expungement, in which case the court holds a hearing and considers the petitioner’s interest in having their record cleared against the Commonwealth’s interest in preserving records.

Practical Value of Clearing Old Records

A sealed or expunged record provides real practical benefits. Residents of Montgomery County and the broader New River Valley who have old arrests, dismissed charges, or qualifying convictions on their record face barriers in housing applications, employment background checks, and professional licensing. The Clean Slate Act’s expansion of eligibility means that many more people in Christiansburg, Blacksburg, Radford, and surrounding communities may now be able to clear records that have been following them for years.

If you have an old record and are unsure whether it qualifies for sealing or expungement, the answer depends on the specific offense, the disposition, and the dates involved. A Virginia attorney can review the record and advise on what is available.

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This article is general information only and is not legal advice. Do not rely on this article to make decisions about your specific situation. Contact Valley Legal or another licensed Virginia attorney to discuss your case. Attorney advertising.

Valley Legal, PLLC is located at 107 Pepper St SE, Christiansburg, Virginia 24073, and serves clients throughout the New River Valley of Virginia, including Montgomery County, Blacksburg, Radford, Pulaski, and surrounding communities.