How does VA handle expungement or record sealing?

If someone arrested you but the court didn’t convict you, your criminal record could still follow you. That record may affect job applications, housing opportunities, loan approvals, and more. Virginia offers a way to clear your name through expungement, but you must take action, it’s not automatic.

Who qualifies for expungement?

Virginia allows expungement in specific situations. If your charges ended in a dismissal, were dropped, or the court found you innocent, you may qualify. You can’t expunge a conviction unless a court overturned it or you received an absolute pardon. Most people with convictions can’t remove them from their records under current law.

What’s the process for filing an expungement?

You begin by filing a petition for expungement in the circuit court where your case took place. Your petition must list your arrest, the criminal charge, and case outcome. You must also submit a set of fingerprints. Afterward, the court schedules a hearing. At the hearing, a judge weighs your privacy interest against the public’s right to access the record. If the judge grants the petition, the court orders law enforcement to remove the public record.

Does record sealing differ from expungement?

Virginia doesn’t offer traditional record sealing like other states. However, recent reforms created a limited automatic sealing process. Starting in 2025, certain misdemeanor convictions will qualify for automatic sealing if you stay offense-free for seven years. But sealing doesn’t erase the record, it only hides it from public view. Courts and law enforcement may still access sealed records when necessary.

Removing your record can improve your opportunities. Employers and landlords often run background checks, and an old charge might shape their decisions. If you qualify, expungement removes your record from public access. That gives you a better chance to move forward without past charges holding you back.