Virginia Record Sealing
Understanding Virginia Record Sealing in 2026
Virginia's new record-sealing framework takes effect July 1, 2026. Certain records may be addressed through an automatic process, while others may require a petition and court review. This page explains the key differences and how to begin a preliminary screening.
This information is general and educational. It does not provide legal advice, make a final eligibility determination, create an attorney-client relationship, or guarantee representation.
The Basics
Record Sealing in Plain English
Sealing may limit public access to certain records, but it does not erase the record completely.
It May Limit Public Access
Sealing may reduce the public visibility of certain court and criminal-history records.
It Does Not Erase the Record
Government agencies and other authorized entities may still access or use sealed records in circumstances permitted by law.
Some Processes Are Automatic
Certain records may be addressed through government automatic-sealing processes without the person filing a petition.
Other Cases Require a Petition
Certain records may require a petition, court review, and a determination under Virginia law.
Two Different Paths
Is Sealing the Same as Expungement?
No. They are different legal processes that may apply to different types of case outcomes.
Official records, connected charges, prior history, timing, and statutory limitations may affect the final legal analysis.
Two Processes
Automatic Sealing and Petition-Based Sealing
Virginia's framework includes more than one process. The applicable process depends on the particular record and case history.
Certain records may be addressed through government processes without the person filing a petition.
- Applies only to specified record categories
- Does not necessarily occur immediately
- Processing may vary across courts and agencies
- A person may not receive a notification
- Official confirmation may still be needed
Other records may require a petition to be filed in court and reviewed under Virginia law.
- May apply to certain convictions or deferred dismissals
- Requires case-specific analysis
- Statutory limits and exclusions may apply
- Court records and criminal history may need review
- Court action may be required
An online case disappearing from search results does not, by itself, confirm that the record was sealed.
Key Considerations
What Can Affect the Legal Review?
Cases that appear similar may still require different legal analysis.
How the Case Ended
Dismissal, nolle prosequi, acquittal, deferred dismissal, and conviction may lead to different legal paths.
Type of Charge
The offense category and classification may affect whether sealing is available.
Other or Pending Cases
Other charges, convictions, or pending cases may affect the analysis.
Timing
Some legal paths may involve effective dates, waiting periods, or other timing requirements.
Statutory Limitations
Virginia law contains exclusions and limitations that cannot be fully evaluated through a short screening.
Immigration Considerations
State record clearing may not eliminate federal immigration or naturalization disclosure requirements.
The preliminary screening identifies possible next steps. It does not evaluate every legal requirement or exception.
Helpful Information
Information That May Help With Later Review
You may complete the preliminary screening without every court document. If the Law Office determines that further review may be appropriate, additional information or records may be requested through the secure intake process.
- City or county where the case was filed
- Court type, if known
- Case number, if known
- Charge name, if known
- Final disposition date, if known
- Paperwork showing how the case ended
- Warrant, summons, indictment, or charging document, if available
- Information about other charges, convictions, or pending cases
Court documents are helpful but are not required to complete the preliminary screening or receive a preliminary result.
Do not upload court documents through the preliminary screening.
Effective July 1, 2026
What to Expect Beginning July 1, 2026
The new framework begins July 1, but implementation and record processing may continue over time.
New Processes Begin
Automatic and petition-based sealing processes for specified records take effect under Virginia law.
Automatic Processing May Take Time
Eligible records may be processed over time across courts, law enforcement, and other systems.
Notification May Not Be Provided
People are not generally notified when a record is automatically sealed.
Official Confirmation May Be Needed
An online search alone may not conclusively establish whether a record was sealed.
Implementation timelines and official procedures may change. Review current Virginia sources for the latest information.
AFTER THE SCREENING
What Happens After the Preliminary Screening?
Receive a Preliminary Result
The screening may identify a possible expungement path, petition-based sealing path, automatic-sealing issue, or need for attorney review.
Request Review Through Secure MyCase Intake
When review may be appropriate, you may complete the Law Office's secure MyCase form.
The Law Office Reviews the Submission
The Law Office evaluates the intake information and determines whether additional information, records, or consultation may be appropriate.
Receive Scope and Pricing Information
If the case is accepted, the scope of services, flat-fee pricing, and engagement requirements will be provided before legal services begin.
Questions
Frequently Asked Questions
These answers are for informational purposes only and do not constitute legal advice.