How to Seal My Court Record in Virginia

Virginia Record Sealing vs. Expungement: What’s the Difference?

Table of Contents

  1. Expungement and Record Sealing: A Quick Overview
  2. Traditional Expungement in Virginia
  3. Record Sealing Explained
  4. Virginia’s 2021 Legislative Changes
  5. Who Can Access Sealed vs. Expunged Records?
  6. Which Option Applies to Your Situation?
  7. Automatic Sealing Provisions
  8. The Petition-Based Process for Both
  9. Practical Implications: Background Checks and Beyond

Virginia has been undergoing a significant transformation in how it handles criminal records. For decades, the state offered only traditional expungement. In recent years, the General Assembly introduced record sealing, a related but distinct mechanism. Understanding the difference is essential for anyone seeking to clean up their criminal record.

Expungement and Record Sealing: A Quick Overview

  • Expungement destroys records permanently — the arrest is treated as though it never occurred.
  • Record sealing hides records from public view but they still exist with restricted access.

Think of it this way: Expungement is like shredding a document. Record sealing is like locking a document in a safe.

Traditional Expungement in Virginia

Eligibility

Limited to charges that resulted in dismissal, acquittal, nolle prosequi, or other favorable dispositions. Generally not available for convictions.

The Manifest Injustice Standard

Established in Daniel v. Commonwealth (268 Va. 523, 2004).

What Happens to the Records

Records are destroyed or permanently removed.

Record Sealing Explained

How Sealing Works

Records are removed from public-facing databases and standard background checks but continue to exist in government databases.

Broader Potential Scope

Record sealing can potentially include certain conviction records, particularly minor misdemeanor convictions after a waiting period.

Virginia’s 2021 Legislative Changes

  • Creation of a formal record sealing framework
  • Expanded eligibility beyond dismissed charges
  • Tiered approach based on offense severity
  • Automatic sealing for some offenses
  • Marijuana-specific provisions

Implementation Status: Some provisions have been delayed or modified. Verify the current status when planning your strategy.

Who Can Access Sealed vs. Expunged Records?

After Expungement

Records are destroyed. No one can access them.

After Record Sealing

Law enforcement, courts, and certain government agencies may retain access. Private employers, landlords, and schools cannot access sealed records.

Practical Impact: For most everyday situations — job applications, apartment rentals, college admissions — both options provide effective relief.

Which Option Applies to Your Situation?

Pursue Traditional Expungement If:

  • Your charge was dismissed, acquitted, or nolle prosequi’d
  • You want records permanently destroyed
  • You can demonstrate manifest injustice

Explore Record Sealing If:

  • You have a conviction record
  • You have a marijuana-related conviction
  • Your case qualifies for automatic sealing

Automatic Sealing Provisions

Qualifying records would be sealed without requiring a petition. Categories include dismissed charges, acquittals, certain deferred dispositions, and marijuana possession charges.

The Petition-Based Process for Both

  1. Determine eligibility
  2. Obtain your criminal history record
  3. Prepare and file a petition
  4. Submit fingerprints
  5. Pay filing fees
  6. Serve the Commonwealth’s Attorney
  7. Attend a hearing
  8. Receive the court’s order

Practical Implications: Background Checks and Beyond

After Successful Expungement

  • Charge will not appear on background checks
  • Court records destroyed
  • You can legally deny the arrest in most contexts

After Successful Record Sealing

  • Charge will not appear on standard background checks
  • Law enforcement may still access the information
  • Some federal background checks may still reveal sealed records