Question 1

Can you get a criminal record expunged in Virginia?

Accepted Answer

Virginia offers "sealing." Sealed records are closed to public access in court files, the Central Criminal Records Exchange, police and sheriff's offices, and the DMV, though government agencies can still share them for official duties. Sealing happens automatically for some offenses and by petition in circuit court for others. A separate "expungement" law (Code § 19.2-392.2) covers charges that ended in acquittal or dismissal, and records of people whose identity was stolen. The Governor can grant pardons.

Question 2

Can you clear an arrest or dismissed charge in Virginia?

Accepted Answer

When a person is acquitted of a misdemeanor (not a traffic infraction), or the charge is dismissed with prejudice, the court must order the charge automatically sealed unless the person objects. For felony charges ending in acquittal or dismissal with prejudice, the person may ask on the spot for sealing, and the court orders it if the prosecutor agrees. Separately, a person who was acquitted, or whose charge was nolle prossed (dropped) or dismissed, may petition the circuit court to expunge the police and court records under § 19.2-392.2, with no court fees. A denial of automatic sealing does not prevent that petition.

Question 3

Can a misdemeanor be expunged in Virginia?

Accepted Answer

A person convicted of a misdemeanor, or whose misdemeanor charge was deferred and dismissed, may petition the circuit court to seal the record if the offense date was on or after January 1, 1986. They must have had no new reportable conviction for seven years. They must also have paid restitution and shown rehabilitation if alcohol or drugs were involved, and must show that keeping the record available causes or may cause a "manifest injustice." A person may have only two sealing petitions granted in their lifetime. Many offenses are excluded, including DUI (§ 18.2-266), protective-order violations, hate crimes, offenses requiring sex-offender registration, and other listed sections. Certain low-level convictions are sealed automatically after seven years.

Question 4

Can a felony be expunged in Virginia?

Accepted Answer

Class 5 and 6 felonies, and felony larceny punished under § 18.2-95, can be sealed by petition (offense date on or after January 1, 1986). The person must have had no new reportable conviction for ten years and must meet the same restitution, rehabilitation and manifest-injustice requirements. The person must never have been convicted of a Class 1 or 2 felony or any felony punishable by life imprisonment, no Class 3 or 4 felony in the past 20 years, and no other felony in the past 10 years. Excluded are violent felonies listed in § 17.1-805(C), felonies involving a firearm (unless firearm rights were restored), registrable sex offenses, and other listed offenses.

Question 5

Does Virginia have automatic record clearing (clean slate)?

Accepted Answer

Yes. Convictions for certain listed low-level offenses with offense dates on or after January 1, 1986 are sealed automatically. These are misdemeanor violations of §§ 18.2-96 and 18.2-103, violations of §§ 18.2-119, 18.2-120, 18.2-134 and 18.2-415, and misdemeanor violations of (former) § 18.2-248.1. Sealing happens once seven years pass with no new reportable conviction, unless the person was convicted of an ineligible offense at the same time. Misdemeanor acquittals and dismissals with prejudice are also sealed automatically, and all charges and convictions under former § 18.2-250.1 (marijuana possession) are sealed without a court order.

Question 6

Can a DUI be expunged in Virginia?

Accepted Answer

No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition.

Question 7

How do you seal a juvenile record in Virginia?

Accepted Answer

The juvenile and domestic relations court clerk destroys juvenile case records each year once the person is 19 and five years have passed since the last hearing. Records for offenses reported to the DMV are kept until age 29. Records for delinquent acts that would be felonies for an adult are kept. A person found not guilty, or whose delinquency or traffic case was dismissed, may ask the court to destroy the records. The court must grant the request unless good cause is shown against it. The adult sealing chapter applies only to juveniles who were tried as adults in circuit court.

Question 8

How do you file for expungement in Virginia?

Accepted Answer

File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal.

Question 9

How much does expungement cost in Virginia?

Accepted Answer

There are no court fees or costs for a petition to seal under § 19.2-392.12. There are also none for a petition to expunge records of an acquittal, dismissal, or identity theft under § 19.2-392.2.

Question 10

What happens after a record is expunged or sealed in Virginia?

Accepted Answer

Once a record is sealed, the person may deny or not disclose the arrest, charge or conviction to state and local government agencies and private employers in Virginia, and cannot be charged with perjury for doing so. There are exceptions. Disclosure is still required when applying to police or sheriff's agencies, when state or federal law requires the employer to ask, and in certain other listed situations. Law enforcement agencies answer that no record exists. Court clerks say the record is sealed and available only by court order. Sealed records can still be shared for the purposes listed in § 19.2-392.13 and among government agencies for official duties.

Question 11

How do you get a pardon in Virginia?

Accepted Answer

The Governor grants pardons for Virginia convictions, and petitions go to the Secretary of the Commonwealth online or by mail. A simple pardon is official forgiveness. It does not remove the conviction, and the record will show "pardon" next to it. Conditional, medical and partial pardons are also available in limited situations, as is an absolute pardon for people the Governor is convinced are innocent. There is no hearing and no appeal of a denial, but a person may file a new petition. The Governor does not restore firearm rights, which must be restored by a court.

Question 12

Can old marijuana convictions be cleared in Virginia?

Accepted Answer

All charges and convictions under former § 18.2-250.1 (marijuana possession) are sealed without a court order. The Central Criminal Records Exchange, the courts, law enforcement agencies and the DMV must identify and seal them, subject to certain federal DMV rules. Misdemeanor convictions under former § 18.2-248.1 are eligible for automatic sealing after seven years without a new reportable conviction.

Question 13

How do I check my own criminal record in Virginia?

Accepted Answer

Virginia State Police (VSP) provide Virginia criminal history record checks. Generate form SP-167 online, print it, have your signature notarized in Section 1, and mail it with payment to Virginia State Police, Civil & Applicant Records Exchange (CARE), 7700 Midlothian Turnpike, N. Chesterfield, Virginia 23235 (one form per request). Normal turnaround is 15 business days after VSP receives it; there is no expedited service. VSP refers to $15 or $20 background checks. A national (FBI) check is a separate request through the FBI.

What relief the state offers	Virginia offers "sealing." Sealed records are closed to public access in court files, the Central Criminal Records Exchange, police and sheriff's offices, and the DMV, though government agencies can still share them for official duties. Sealing happens automatically for some offenses and by petition in circuit court for others. A separate "expungement" law (Code § 19.2-392.2) covers charges that ended in acquittal or dismissal, and records of people whose identity was stolen. The Governor can grant pardons. Source: Va. Code §§ 19.2-392.5, 19.2-392.2
Arrests and dismissed charges	When a person is acquitted of a misdemeanor (not a traffic infraction), or the charge is dismissed with prejudice, the court must order the charge automatically sealed unless the person objects. For felony charges ending in acquittal or dismissal with prejudice, the person may ask on the spot for sealing, and the court orders it if the prosecutor agrees. Separately, a person who was acquitted, or whose charge was nolle prossed (dropped) or dismissed, may petition the circuit court to expunge the police and court records under § 19.2-392.2, with no court fees. A denial of automatic sealing does not prevent that petition. A new version of § 19.2-392.2 takes effect December 1, 2026. Source: Va. Code §§ 19.2-392.8, 19.2-392.2(A)
Misdemeanor convictions	A person convicted of a misdemeanor, or whose misdemeanor charge was deferred and dismissed, may petition the circuit court to seal the record if the offense date was on or after January 1, 1986. They must have had no new reportable conviction for seven years. They must also have paid restitution and shown rehabilitation if alcohol or drugs were involved, and must show that keeping the record available causes or may cause a "manifest injustice." A person may have only two sealing petitions granted in their lifetime. Many offenses are excluded, including DUI (§ 18.2-266), protective-order violations, hate crimes, offenses requiring sex-offender registration, and other listed sections. Certain low-level convictions are sealed automatically after seven years. Source: Va. Code §§ 19.2-392.12, 19.2-392.6
Felony convictions	Class 5 and 6 felonies, and felony larceny punished under § 18.2-95, can be sealed by petition (offense date on or after January 1, 1986). The person must have had no new reportable conviction for ten years and must meet the same restitution, rehabilitation and manifest-injustice requirements. The person must never have been convicted of a Class 1 or 2 felony or any felony punishable by life imprisonment, no Class 3 or 4 felony in the past 20 years, and no other felony in the past 10 years. Excluded are violent felonies listed in § 17.1-805(C), felonies involving a firearm (unless firearm rights were restored), registrable sex offenses, and other listed offenses. Source: Va. Code § 19.2-392.12(A), (F), (L)
DUI / DWI convictions	No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition. Source: Va. Code § 19.2-392.12(L)(1)
Juvenile records	The juvenile and domestic relations court clerk destroys juvenile case records each year once the person is 19 and five years have passed since the last hearing. Records for offenses reported to the DMV are kept until age 29. Records for delinquent acts that would be felonies for an adult are kept. A person found not guilty, or whose delinquency or traffic case was dismissed, may ask the court to destroy the records. The court must grant the request unless good cause is shown against it. The adult sealing chapter applies only to juveniles who were tried as adults in circuit court. A new version of § 16.1-306 takes effect December 1, 2026. Source: Va. Code §§ 16.1-306, 19.2-392.5(B)
Past marijuana convictions	All charges and convictions under former § 18.2-250.1 (marijuana possession) are sealed without a court order. The Central Criminal Records Exchange, the courts, law enforcement agencies and the DMV must identify and seal them, subject to certain federal DMV rules. Misdemeanor convictions under former § 18.2-248.1 are eligible for automatic sealing after seven years without a new reportable conviction. Source: Va. Code §§ 19.2-392.6:1, 19.2-392.6

How to apply	File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal. Source: Va. Code § 19.2-392.12(C)-(H)
Filing fee	There are no court fees or costs for a petition to seal under § 19.2-392.12. There are also none for a petition to expunge records of an acquittal, dismissal, or identity theft under § 19.2-392.2. Source: Va. Code §§ 19.2-392.12(B), 19.2-392.2(A)-(B)
Automatic (clean slate) relief	Yes. Convictions for certain listed low-level offenses with offense dates on or after January 1, 1986 are sealed automatically. These are misdemeanor violations of §§ 18.2-96 and 18.2-103, violations of §§ 18.2-119, 18.2-120, 18.2-134 and 18.2-415, and misdemeanor violations of (former) § 18.2-248.1. Sealing happens once seven years pass with no new reportable conviction, unless the person was convicted of an ineligible offense at the same time. Misdemeanor acquittals and dismissals with prejudice are also sealed automatically, and all charges and convictions under former § 18.2-250.1 (marijuana possession) are sealed without a court order. Source: Va. Code §§ 19.2-392.6, 19.2-392.6:1, 19.2-392.8, 19.2-392.10
Getting a copy of your criminal record	Virginia State Police (VSP) provide Virginia criminal history record checks. Generate form SP-167 online, print it, have your signature notarized in Section 1, and mail it with payment to Virginia State Police, Civil & Applicant Records Exchange (CARE), 7700 Midlothian Turnpike, N. Chesterfield, Virginia 23235 (one form per request). Normal turnaround is 15 business days after VSP receives it; there is no expedited service. VSP refers to $15 or $20 background checks. A national (FBI) check is a separate request through the FBI. Source: Virginia State Police, Virginia Criminal History Record Check

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