Clearing a criminal record in Virginia: what to do

Checked against official sources: Oct 25, 2026

In Virginia:

What it's called and what it does
In Virginia it is called sealing or expungement: sealing blocks public access to records held by the State Police, courts, local police and the DMV. Some misdemeanor and felony convictions may be…
Waiting periods
One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of…
Do this now
Get a copy of your own criminal record and the court papers for each case.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for Virginia

Do now

  1. Get a copy of your own criminal record and the court papers for each case.

    Why: You need each arrest, charge and how it ended to see which of your state's remedies fits. Record Clear Map's free letter asks your state's records office for a copy.

  2. Look up what your state calls clearing a record and which records may qualify.

    Virginia: In Virginia it is called sealing or expungement: sealing blocks public access to records held by the State Police, courts, local police and the DMV. Some misdemeanor and…

    Why: Each state has its own remedies, its own list of records that may qualify and its own exclusions.

  3. If the case was in federal court, know that state record-clearing laws don't apply to it.

    Why: Federal law has no general way to expunge or seal a federal conviction; the main relief is a presidential pardon, which you apply for with the Office of the Pardon Attorney.

  4. If you are not a U.S. citizen, talk to an immigration lawyer or accredited representative before you rely on a state order.

    Why: A state expungement or a dismissal under a rehabilitation law may not remove a conviction for federal immigration purposes.

This week

  1. Check your state's waiting period for your kind of case, and the date it is counted from.

    Waiting periods

    Virginia: One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Misdemeanor conviction or deferred dismissal: 7 years, counted…

    Why: The law sets a waiting period for each kind of case, often counted from the end of the case or the end of the sentence.

  2. Check whether your state clears some records automatically.

    Virginia: Yes: Automatic sealing.

    Why: Some states clear some records without a petition (Clean Slate and similar laws), usually only some records and after a waiting period; in others a record is cleared only when you ask.

  3. Get free help from legal aid to check whether your record qualifies.

    Why: Exclusions and new offenses can matter as much as the waiting period. We explain the rules; we can't check your case.

If it's not resolved

  1. File the petition or application with your state's official forms, and pay the fee or ask about a fee waiver.

    Why: Most remedies start with a request to the court that handled the case, and the court decides each request.

  2. After a record is cleared, keep a copy of the order and check that background check reports were updated.

    Why: If a background check company still reports a sealed or expunged record, you can dispute it and send a copy of the court order with your dispute.

Deadlines

What it's called and what it does

General rule: see state

In Virginia:

In Virginia it is called sealing or expungement: sealing blocks public access to records held by the State Police, courts, local police and the DMV. Some misdemeanor and felony convictions may be cleared, and Virginia also clears some records automatically (Automatic sealing).

Law: Va. Code § 19.2-392.12 · checked Oct 2026 · Official source

Waiting periods

General rule: see state

In Virginia:

One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Eligible felony conviction or deferred dismissal: 10 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Acquittal, nolle prosequi or dismissal: No waiting period, counted from final disposition

Law: Va. Code § 19.2-392.12 · checked Oct 2026 · Official source

Automatic clearing (Clean Slate)

General rule: see state

In Virginia:

Yes: Automatic sealing. Started: July 1, 2026 (2025 Va. Acts chs. 634 and 671, enactment clauses 5-7). The State Police had to send the first list of convictions eligible…

Law: Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.17; 2025 Va. Acts chs. 634, 671 · checked Oct 2026 · Official source

Filing fee

General rule: see state

In Virginia:

Petition for sealing (Va. Code § 19.2-392.12): No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it.

Law: Va. Code § 19.2-392.12 · checked Oct 2026 · Official source

Key facts for Virginia

Record Clear Map

What it's called
Sealing or expungement
Convictions
Some misdemeanor and felony convictions may be cleared.
Automatic clearing (Clean Slate)
Yes
Automatic clearing started
July 1, 2026 (2025 Va. Acts chs. 634 and 671, enactment clauses 5-7). The State Police…
Example waiting period
One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge
Filing fee
No court fees or costs to file.

Record Clear Map: Virginia · checked Oct 2026

Documents to gather

  • A copy of your own state record (and your FBI record if you were arrested in more than one state)
  • Court papers showing how each case ended, with the case numbers
  • Proof that you finished your sentence, probation or payments
  • Your state's official forms

Where to go

Costs

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Talk to a lawyer if

  • You are not a U.S. citizen
  • You have an open case, or are still on probation or parole
  • The case was in federal court or in more than one state
  • The offense may be on your state's excluded list, such as some violent or sex offenses
  • Your request was denied

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help). Record Clear Map lists free legal help for each state. Court clerks can't give legal advice.

Guides for your state

Guides for every state

Questions

What it's called and what it does in Virginia: what is the rule?

In Virginia it is called sealing or expungement: sealing blocks public access to records held by the State Police, courts, local police and the DMV. Some misdemeanor and felony convictions may be cleared, and Virginia also clears some records automatically (Automatic sealing). (Va. Code § 19.2-392.12)

Waiting periods in Virginia: what is the rule?

One of the nine listed misdemeanors: 7 years, counted from conviction or dismissal of the deferred charge; Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Eligible felony conviction or deferred dismissal: 10 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it; Acquittal, nolle prosequi or dismissal: No waiting period, counted from final disposition (Va. Code § 19.2-392.12)

Automatic clearing in Virginia: what is the rule?

Yes: Automatic sealing. Started: July 1, 2026 (2025 Va. Acts chs. 634 and 671, enactment clauses 5-7). The State Police had to send the first list of convictions eligible… (Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.17; 2025 Va. Acts chs. 634, 671)

Filing fee in Virginia: what is the rule?

Petition for sealing (Va. Code § 19.2-392.12): No court fees or costs to file. You may pay a service fee if you have the sheriff serve the prosecutor; hand delivery or mail avoids it. (Va. Code § 19.2-392.12)

When should I talk to a lawyer?

You are not a U.S. citizen; You have an open case, or are still on probation or parole; The case was in federal court or in more than one state; The offense may be on your state's excluded list, such as some violent or sex offenses; Your request was denied.

How much does it cost?

Fees depend on the state and the remedy: some states charge nothing, others charge a court filing fee and agency processing fees, and some allow a fee waiver. Your state's fee is shown in your plan. Record Clear Map's waiting-period helper, letter and checklist are free.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.