Virginia’s New Record Sealing Law: What It Means and What You Should Do Now

Written by: Bradley Marshall

For years, Virginia law offered very limited options for people with criminal convictions who wanted to move forward without old records standing in the way. That changes this summer.

On July 1, 2026, Virginia’s new record sealing law takes effect, creating—at long last—a legal path to limit public access to certain criminal records, including some convictions. This is a significant shift in Virginia law and one that will affect employment, housing, professional licensing, and background checks for hundreds of thousands of people across the Commonwealth. [vsb.org]

Here is what clients should understand.

Record Sealing Is Not Expungement

The first point of confusion is terminology. Record sealing and expungement are not the same thing.

Expungement, which has existed in Virginia for years, is generally limited to non-convictions, such as dismissed charges or acquittals. If you were convicted, expungement was usually not an option.

Record sealing is different. A sealed record still exists, but access to it is restricted. In many situations, sealed records will no longer appear on routine public background checks used by employers and landlords. The goal is practical relief, not rewriting history. [vsb.org]

The Law Applies to Convictions for the First Time

This is the most important change. For the first time in Virginia, some criminal convictions will be eligible for sealing.

According to the Virginia State Bar, eligibility will include certain misdemeanors and lower-level felonies, provided the person meets all statutory requirements. Not every offense qualifies, and eligibility depends on several factors, including the type of offense and a person’s criminal history. [vsb.org]

Some records will seal automatically. Others will require a court petition and a judge’s approval.

Automatic Sealing vs. Petition-Based Sealing

The new law creates two separate paths to sealing.

Automatic sealing applies to a limited category of offenses. For those cases, no filing is required. The Virginia State Police will identify eligible records and notify the courts, and judges will issue sealing orders without action by the individual. [vsb.org]

Other records require petition-based sealing, meaning the person must file paperwork with the court and meet specific eligibility criteria. There is no right to a court-appointed attorney in these cases, even though the Commonwealth’s Attorney may be involved on the other side. [vsb.org]

This distinction matters. Many people will assume their record will “just disappear” on July 1. That will not be the case for everyone.

Timing Matters—But Patience Will Be Required

Although the law takes effect on July 1, 2026, sealing will not happen instantly across all systems.

State agencies must coordinate records, databases, and court orders. Even for automatic sealing, there may be delays before changes appear on background checks. Petition-based cases will take additional time because they require court review. [vsb.org]

If you are planning a job search, housing application, or licensing process, timing and preparation will matter.

Sealing Can Open Doors—but It Is Not Universal

Record sealing can remove real barriers to employment and housing, especially for people with older, lower-level offenses. At the same time, it is not a cure-all.

Certain government agencies and entities may still access sealed records in limited circumstances permitted by law. Sealing also does not restore firearm rights, erase court history, or guarantee a particular outcome in private decision-making. Each case is different, and details matter. [vsb.org]

What You Should Do Now

Even though the law is not in effect yet, there are steps you can take now:

• Get a complete copy of your criminal record. Eligibility depends on offense type, dates, and dispositions.
• Do not assume you qualify. Many offenses will not be eligible, and some cases involve waiting periods or additional requirements.
• Be cautious of promises. Anyone guaranteeing sealing results before reviewing your record should raise concern.
• Talk with a qualified attorney. Record sealing is a new and technical area of Virginia law. Proper analysis can prevent wasted time and false expectations.

Final Thoughts

Virginia’s record sealing law represents a long-overdue shift in how the Commonwealth treats past convictions. For many people, it will provide a meaningful second chance. For others, it may offer limited or no relief.

The key is understanding what applies to you, not just what the law allows in general.

If you have questions about record sealing, eligibility, or next steps, speak with an attorney who can review your specific situation and give you clear, realistic guidance at 703-369-4738 or Info@vfnlaw.com