How to Seal My Court Record in Virginia

Marijuana Charges and Expungement in Virginia

Table of Contents

  1. Virginia’s Marijuana Legalization: A Brief History
  2. How Legalization Affects Prior Charges
  3. Which Marijuana Charges Can Be Expunged?
  4. Marijuana Convictions: What Are Your Options?
  5. Automatic Expungement Provisions for Marijuana
  6. Simple Possession vs. Distribution Charges
  7. Sealing Marijuana Arrest Records
  8. The First Offender Program and Marijuana
  9. Steps to Expunge a Marijuana Charge
  10. Looking Ahead: The Evolving Landscape

Virginia’s relationship with marijuana law has changed dramatically. In July 2021, Virginia became the first Southern state to legalize simple possession for adults 21 and older. But for thousands of Virginians who carry marijuana charges on their records, clearing those records is not automatic.

Virginia’s Marijuana Legalization: A Brief History

  • Before 2020: Simple possession was a misdemeanor
  • July 2020: Virginia decriminalized simple possession (up to one ounce, $25 civil penalty)
  • July 2021: Virginia legalized simple possession for adults 21+

How Legalization Affects Prior Charges

Legalization did not automatically erase prior marijuana charges. Expungement still requires filing a petition with the circuit court in most cases.

Key point: Marijuana legalization in Virginia did not automatically clear prior marijuana charges from criminal records.

Which Marijuana Charges Can Be Expunged?

Charges That Were Dismissed or Nolle Prosequi

You have a clear right to petition for expungement under section 19.2-392.2(A). The case of MacDonald v. Commonwealth confirms this right.

Charges Handled Through First Offender Programs

Deferred dispositions present a complex area for expungement and may not qualify.

Marijuana Convictions: What Are Your Options?

Traditional expungement under section 19.2-392.2 primarily applies to non-conviction charges. Legislative changes are ongoing for marijuana conviction relief.

Current reality: A marijuana conviction generally cannot be expunged through the standard petition process. However, legislative changes are ongoing.

Automatic Expungement Provisions for Marijuana

Virginia’s legislature included provisions for automatic sealing of certain marijuana records as part of legalization, focusing primarily on simple possession convictions.

Simple Possession vs. Distribution Charges

Simple possession charges are the primary target of automatic expungement provisions. Distribution charges remain criminal offenses but if dismissed, can be expunged through standard petition process.

Sealing Marijuana Arrest Records

The expungement process covers both the charge and the arrest associated with it. After successful expungement, the arrest will not appear on background checks.

The First Offender Program and Marijuana

Virginia Code section 18.2-251 was one of the most common ways marijuana possession charges were resolved for first-time offenders. These deferred dismissals create a complicated situation for expungement.

Steps to Expunge a Marijuana Charge

  1. Obtain your court records
  2. Confirm eligibility
  3. Prepare your petition (SealMyRecordVirginia.com can generate forms for $199)
  4. Get fingerprinted
  5. File in circuit court
  6. Attend your hearing

Looking Ahead: The Evolving Landscape

Virginia’s approach to marijuana records continues to evolve. For dismissed charges, the path is clear under existing expungement law. For convictions, monitor legislative developments.