New Virginia Expungement Laws

1. Automatic Expungement (Starts October 1, 2025)

• What’s included:
  • Charges that never resulted in a conviction (dismissed charges, acquittals, nolle prosequi).
  • Certain misdemeanors after 7 years, including:
    • Class 1 and 2 misdemeanors
    • Class 3 and 4 misdemeanors that are not assaultive in nature.
• Eligibility Requirements (for automatic misdemeanor expungement):
  • No convictions for any felonies or Class 1 misdemeanors.
  • No other misdemeanor convictions in the past 7 years.
  • No pending charges.
• How it works: The Virginia State Police will automatically identify and expunge eligible records. You don’t need to do anything.

2. Petition-Based Expungement

• What’s included:
  • Misdemeanors that don’t qualify for automatic expungement (e.g., assault and battery).
  • Certain felony convictions (though this is limited).
• Eligibility Requirements: Vary depending on the offense, but generally require a waiting period and a clean record since the offense.
• How it works: You (or your attorney) must file a petition with the Circuit Court in the jurisdiction where the offense occurred.

3. Sealing of Records (Starts July 1, 2025)

• What’s included: A broader range of convictions, including many felonies.
• Automatic Sealing: Applies to certain misdemeanors after a set period (e.g., 10 years for Class 1 misdemeanors).
• Petition-Based Sealing: You can petition for the sealing of other convictions, including some felonies, if you meet certain criteria.
• How it works: Similar to petition-based expungement, you need to file a petition with the court.

Key Differences Between Expungement and Sealing:

• Expungement: Records are physically destroyed (though some agencies may retain copies). More difficult to obtain.
• Sealing: Records are hidden from public view but may still be accessible to law enforcement and certain other entities. Easier to obtain than expungement.

Important Notes:

• Waiting Periods: Vary depending on the offense and whether you’re seeking expungement or sealing.
• Lifetime Limits: You can only have a certain number of convictions sealed or expunged in your lifetime.
• Exceptions: Some offenses are never eligible for expungement or sealing (e.g., certain sex offenses, DUI).

Why Is This important?

These changes are a big deal because a criminal record can create significant barriers to employment, housing, education, and other opportunities. Expungement and sealing can help people overcome these obstacles and move forward with their lives.

If you are seeking Virginia expungement attorney, contact S&R Law Firm, PLLC for a free consultation at 703-273-6431.