How Virginia's New Record Sealing Law Could Help People With Past Felonies

 Posted on June 23, 2026 in Criminal Defense

For years, a felony conviction in Virginia generally meant carrying that record for life. But that will change as of July 1, 2026. Virginia passed a new record-sealing law that gives some people with past felony convictions a real path to limiting who can see their criminal records. If you have a past conviction and are wondering whether this law applies to you, the Fairfax criminal defense lawyers at our firm can help you understand your options and walk you through the process.

What Did Virginia's New Record Sealing Law Change?

Before this law, Virginia had very few options for people who wanted to clear their records. Expungement was only available in narrow situations, mostly for charges that were dropped or thrown out. People with actual convictions, even old ones where they had fully served their time, had almost no way to keep those records from showing up on background checks.

Virginia's Clean Slate law, which took effect in 2026 and created new record-sealing opportunities under Virginia Code Chapter 23.2 of Title 19.2, changed that. There is a process where certain convictions can be sealed from public view. Sealing does not erase a record. However, it does make it invisible to most employers, landlords, and members of the public who run standard background checks.

Who Qualifies for Record Sealing in Virginia?

The law is aimed at people who have moved on from their past and are living law-abiding lives. To be eligible, a person generally has to meet all of these conditions:

• Completed all terms of their sentence, including probation or parole

• Paid all fines and restitution

• Remained conviction-free for a set period of time after finishing their sentence

• Been convicted of an offense that is not excluded from the law

The waiting period after completing a sentence depends on the type of offense. Some offenses are excluded from the law entirely, including violent felonies, sexual offenses, and crimes involving children. The law is meant to give a second chance to people whose offenses were less serious and whose records no longer reflect who they are today.

What Types of Offenses May Be Eligible?

The law allows record sealing for some non-violent felony convictions, but eligibility depends on the exact offense and the circumstances of the case. Not every felony can be sealed, and some offenses are specifically excluded under Virginia law. In addition, a person must meet the required waiting period and other eligibility requirements before asking a court to seal a record.

How Does the Record Sealing Process Work in Virginia?

Depending on the type of record involved, sealing may happen automatically or require a petition filed in court. When a petition is necessary, the court reviews the request and may schedule a hearing before deciding whether the record qualifies for sealing. The Commonwealth's attorney has the right to object. A judge then decides whether to grant the petition based on the facts of the case and whether sealing would be in the interest of justice.

An attorney can help ensure that the petition is properly prepared, filed, and supported by the strongest available evidence. The process involves legal filings, arguments, and, in some cases, a court appearance. Going through it alone puts you at a real disadvantage.

What Should You Do if You Think You Qualify for Record Sealing?

The first step is to get your full criminal record reviewed by an attorney who can compare it against the eligibility requirements of the law. Do not assume you qualify or that you do not without getting a legal opinion first. The rules are specific, and small differences like a conviction or the timing of a sentence can affect whether you are eligible.

If you do qualify, acting sooner rather than later makes sense. The sooner your record is sealed, the sooner you can move forward without that conviction following you. Every job application, apartment search, and opportunity becomes less complicated once the record is no longer showing up.

Schedule a Free Consultation With Our Fairfax, VA Criminal Defense Attorneys

Virginia's new record sealing law is a real opportunity for people who have worked hard to move past a mistake and deserve the chance to show that on paper. Our Fairfax criminal defense lawyers bring more than 50 years of combined legal experience to every case. We handle criminal matters on a flat fee basis, so you know exactly what representation will cost from the start. If you are ready to find out whether your record qualifies for sealing, contact Robinson Law, PLLC by calling 703-844-3746 today. We are available 24/7.

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