Expunging or Sealing a Felony in Virginia

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.

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.

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.