Virginia's New Record Sealing Law: What Changed on July 1, 2026

For years, Virginia was one of the hardest states in the country to clear a criminal record. Unless your charge was dismissed or you were found not guilty, a conviction usually stayed on your record for life. That changed on July 1, 2026, when Virginia's new record sealing laws finally took effect.



If you live in Virginia Beach or anywhere in Hampton Roads and have an old conviction holding you back, here is what you need to know.

What Is Record Sealing?

When a record is sealed, it is removed from public view. Most employers, landlords, and members of the public can no longer see it on a standard background check. In most situations, you are not required to disclose a sealed offense.

Sealing is different from expungement, which Virginia has long allowed for charges that were dismissed, dropped, or ended in a not guilty verdict. Expungement remains available. The new sealing laws add relief for many people who were actually convicted.

Two Paths: Automatic Sealing and Petition Sealing

Virginia's new system works in two ways.

Automatic Sealing

Some records will be sealed without you having to file anything. According to the Virginia State Crime Commission, automatic sealing covers:

• Certain misdemeanor convictions, including petit larceny, shoplifting, trespassing, and disorderly conduct
• Marijuana possession offenses
• Charges that end in an acquittal or a dismissal with prejudice

For eligible misdemeanor convictions, you generally must go 7 years without a new conviction. The Virginia State Police has until October 1, 2026, to begin sending the first lists of eligible convictions for automatic sealing, so it may take time before older records are processed.

Petition Sealing

Many other convictions can be sealed, but you must file a petition with the court. General waiting periods include:

• Misdemeanors: 7 years without a new conviction
• Class 5 and 6 felonies: 10 years without a new conviction

A judge will review your petition and may consider your record, your rehabilitation, and how the conviction affects your life today.

Which Offenses Can't Be Sealed?

Not every conviction qualifies. Offenses that generally cannot be sealed by petition include:

• Class 1 and 2 felonies, with Class 3 and 4 felonies facing much stricter limits
• Violent felonies and sex offenses
• Firearm-related felonies
• Protective order violations
• Crimes against a family or household member
• Hate crimes and animal cruelty

If you have a domestic-related conviction, it is especially important to review your record with an attorney before filing. Learn more about our domestic violence defense services.

Limits on How Often You Can Petition

Sealing is not unlimited. Under the new law, you can petition to seal records from only two separate sentencing events in your lifetime. Records sealed automatically do not count toward that limit.

That makes timing and strategy important. An attorney can help you decide which convictions to include and when to file.

What Changed for Costs?

Virginia also removed several barriers that made record relief hard to access. Starting July 1, 2026, filing fees and fingerprint requirements for sealing petitions were eliminated, so cost is less likely to stand in your way.

Why Sealing Your Record Matters

Even a minor misdemeanor can follow you for years. A conviction can affect:

• Job applications and promotions
• Rental and housing applications
• Professional licenses
• School and financial aid opportunities
• Your peace of mind

If you've ever wondered what happens if you're convicted of a misdemeanor in Virginia, sealing may now offer a way forward.

How an Attorney Can Help

Virginia's new sealing laws are detailed, and small mistakes can cost you one of your two lifetime petitions. An experienced attorney can:

• Review your full criminal record and eligibility
• Determine whether automatic sealing, petition sealing, or expungement fits your case
• Prepare and file your petition
• Present your case to the judge

Learn more about our sealing and expungement services.

Frequently Asked Questions

When did Virginia's new record sealing law take effect?
Virginia's automatic and petition sealing laws took effect on July 1, 2026.

Do I have to do anything for automatic sealing?
No. Eligible records should be sealed without a petition. However, processing may take time, and it is wise to confirm your record has been sealed.

How long do I have to wait to seal a misdemeanor in Virginia?
Most misdemeanors require 7 years without a new conviction. Class 5 and 6 felonies generally require 10 years.

What's the difference between sealing and expungement in Virginia?
Expungement generally applies to charges that were dismissed or ended in acquittal. Sealing now also applies to many convictions.

Can a domestic assault conviction be sealed?
Generally, no. Crimes against a family or household member are excluded from petition sealing.

Ready for a Fresh Start? Contact Cheryl Eddy Benn, P.C.

With more than 35 years of experience, Attorney Cheryl Eddy Benn helps clients throughout Virginia Beach and Hampton Roads protect their rights and move forward. If you have an old conviction on your record, we can help you understand your options under Virginia's new law.

Call 757-895-7493 or contact us online to schedule a consultation.

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Record sealing eligibility depends on the facts of each case and current Virginia law, which continues to be implemented. Please contact an attorney about your situation.