Source review: October 11, 2026. Information only, not legal advice.
Virginia criminal record clearing
Virginia offers both petition-based and automatic record-clearing routes. The main route: Automatic sealing of conviction (Clean Slate) under Va. Code § 19.2-392.6. Waiting periods, caps, and categorical exclusions all apply; the details below are a summary, not legal advice.
What relief routes does Virginia offer?
- Automatic sealing of conviction (Clean Slate) (Va. Code § 19.2-392.6). Conviction (misdemeanor) for one of the seven listed offenses only: petit larceny (§18.2-96), shoplifting/concealment (§18.2-103), trespass (§§18.2-119, 18.2-120, 18.2-134), misdemeanor marijuana distribution...
- Automatic sealing of misdemeanor acquittal/dismissal (Va. Code § 19.2-392.8). Misdemeanor charge (excluding Title 46.2 traffic infractions) resulting in acquittal or dismissal with prejudice; sealed automatically unless the defendant objects.
- Sealing of felony acquittal/dismissal on request with Commonwealth's concurrence (Va. Code § 19.2-392.8). Felony charge resulting in acquittal or dismissal; NOT automatic - the defendant must orally request sealing immediately upon acquittal/dismissal, and the attorney for the Commonwealth must concur.
- Automatic sealing of misdemeanor non-conviction for persons with a clean record (Va. Code § 19.2-392.11). Misdemeanor charge (offense date on/after Jan 1, 1986) resolved by acquittal, nolle prosequi, or dismissal, for a person whose criminal history shows no CCRE-reportable convictions and no arrests/charges in the past 3...
How long are the waiting periods?
- 7 years from the date of the conviction, during which the person must not have been convicted of any offense requiring a report to the Central Criminal Records Exchange (or an equivalent offense in...
- None - sealed at/after disposition (subject to a 2-year window in which the automatic sealing is voidable on motion and notice).
- None - request made immediately upon the acquittal or dismissal; requires prosecutor concurrence.
Waiting periods generally run from the latest of sentencing, release from imprisonment, or completion of probation or parole, and a new conviction or pending charge can restart or block relief.
What cannot be cleared?
Any offense not on the § 19.2-392.6(A) list (i.e., all felonies and all other misdemeanors) is ineligible for AUTOMATIC conviction sealing. Also barred if, on the date of the eligible conviction, the person was also convicted of an offense not eligible for automatic sealing.
Can a general screener decide Virginia eligibility?
No. The RecordReset screener can identify a possible match for review but cannot confirm eligibility; the court decides. It does not offer a Virginia filing workbook, filing service, or attorney review. The summary here is drawn from published guidance including law.lis.virginia.gov and the cited statutes.
Virginia record-clearing law is primarily under Va. Code § 19.2-392.2 (expungement of police and court records) and Va. Code § 19.2-392.5 et seq. (sealing of criminal history record information and court records). The information here is a summary and not a substitute for review by a licensed Virginia attorney.
Questions people ask
Does Virginia clear any records automatically?
Yes. Virginia has an automatic relief route in addition to petition-based relief; automatic relief applies only to qualifying records and caps apply. Many cases still need a petition.
How long is the waiting period?
7 years from the date of the conviction, during which the person must not have been convicted of any offense requiring a report to the Central Criminal Records Exchange (or an equivalent offense in any other U.S.
Where do I start?
Gather your disposition date, charge classification, and completion of sentence, then read the official guidance (law.lis.virginia.gov) before filing. A screening tool can flag possible matches but cannot confirm eligibility.
RecordReset is a self-help legal information service, not a law firm. A screening can only say a case may match published rules and needs review. A court or agency determines relief. RecordReset does not file cases or offer attorney review; paid enrollment and draft PDFs are paused for legal and form review.