If you have been arrested or convicted of a crime, your biggest concern is likely the “shadow” it will cast over your future. Will this show up on a background check for a new job? Can you still rent an apartment?
In Virginia, the rules regarding criminal records have historically been some of the strictest in the nation. However, major legislative changes taking effect in 2026 are creating new paths for Virginians to clear their names.
Expungement vs. Sealing
In Virginia, there is a major difference between Expungement (erasing the record of a non-conviction) and sealing (hiding a conviction from public view). While convictions used to stay on your record forever, the new 2026 “Clean Slate” laws now allow certain convictions to be sealed after a specific period of “good behavior.”
1. Expungement: For Charges That Didn’t Stick
If your case was dismissed, you were found “not guilty,” or the prosecutor dropped the charges (nolle prosequi), you can petition for an Expungement under Virginia Code § 19.2-392.2.
- The Result: The police and court records are physically destroyed or removed from public access.
- The Goal: To return you to the status you occupied before the arrest.
- New for 2026: Many misdemeanor non-convictions will now be automatically expunged without you having to file a petition.
2. Record Sealing: A “Second Chance” for Convictions
Until recently, a conviction in Virginia stayed on your record for life. Under the new laws effective July 1, 2026, Virginia has introduced a “Sealing” process for those who have paid their debt to society.
- Automatic Sealing: Certain misdemeanor convictions (like petit larceny, simple possession of marijuana, and disorderly conduct) may be automatically sealed 7 years after the date of conviction, provided you have no new offenses.
- Petition-Based Sealing: For more serious charges, including Class 5 and 6 felonies and some grand larceny offenses, you can petition the court to seal the record 10 years after the conviction, as long as you meet specific rehabilitation requirements.
What a “Sealed” Record Actually Means
It is important to understand that sealing is not the same as a pardon.
- Employers & Landlords: Once a record is sealed, it is invisible to private background check companies. Under the new law, it is a Class 1 misdemeanor for an employer or landlord to even ask you about a sealed record.
- Law Enforcement: Police, prosecutors, and certain government agencies with high-level security clearance can still see sealed records.
- State Records: The Virginia State Police still maintains the “master” record, but they are prohibited from disseminating it to the public.
3. Ineligible Offenses: What Can Never Be Cleared?
Not every mistake can be hidden. Under the current Virginia statutes, the following are generally ineligible for sealing or expungement:
- DUI/DWI Convictions: These remain on your criminal record permanently.
- Violent Felonies: Class 1 through Class 4 felonies (such as murder, kidnapping, or armed robbery).
- Sex Offenses: Crimes requiring registration on the Sex Offender Registry.
- Domestic Assault & Battery: Convictions for assault against a family or household member.
Frequently Asked Questions
Q: Does a “Dismissal” mean my record is clean?
No. A dismissal stops the prosecution, but the arrest record still exists. You must still go through the expungement process (or wait for automatic sealing) to remove the arrest from your background check.
Q: How long does the process take in Loudoun County?
A standard petition for expungement or sealing in the Loudoun County Circuit Court typically takes 4 to 6 months. It involves filing a petition, getting fingerprinted by the Sheriff’s Office, and a hearing before a judge.
Q: Can a sealed record be used against me if I get in trouble again?
Yes. If you are charged with a new crime, the prosecutor and judge can see your sealed history to determine bail and sentencing.
Take Control of Your Future with Marquis Law Group
The 2026 “Clean Slate” updates are the most significant changes to Virginia criminal law in decades. However, the system is still complex, and the “automatic” process often misses eligible records. At Marquis Law Group, we help Northern Virginia residents navigate these new laws to ensure their past doesn’t block their future.
Is your record holding you back? Call us today: (703) 777-6161 or fill out our contact form to see if your charge is eligible for expungement or sealing under the new 2026 laws.
Disclaimer: This blog post is for informational purposes. Record-clearing eligibility depends on your specific criminal history and current Virginia statutes. Consult with a Criminal attorney for a formal record review.
