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If you were found guilty of a crime in Virginia, you may be wondering whether there is any way to seal or remove that conviction from your record. The answer depends on several factors, including the type of offense, when it occurred, and recent changes to Virginia law. This guide explains your options for sealing a criminal record after a guilty verdict.
The Short Answer
Historically, Virginia has been one of the strictest states when it comes to sealing records after a conviction. The traditional expungement statute (Virginia Code § 19.2-392.2) only allowed expungement for charges that did not result in a conviction — meaning cases that were dismissed, nolle prossed, or resulted in a not-guilty verdict.
However, Virginia has been expanding its record-sealing laws in recent years, and certain convictions may now be eligible for sealing under newer provisions. The distinction between record sealing and traditional expungement is important to understand.
Key Distinction: “Expungement” in Virginia traditionally applies only to non-conviction records. “Record sealing” is the newer process that may apply to certain convictions. The practical effect is similar — the record becomes hidden from public view — but the legal process and eligibility requirements differ.
Traditional Expungement: Limited to Non-Convictions
Under Virginia’s traditional expungement law, you can only expunge records where you were not convicted. This includes:
- Charges that were dismissed — The case was thrown out by the court (learn more about sealing dismissed charges)
- Nolle prosequi — The prosecutor chose not to pursue the case (learn more about nolle prosequi expungement)
- Not guilty verdicts — You went to trial and were acquitted
- Cases resolved through first-offender programs — Such as marijuana charges under § 18.2-251, where the charge is ultimately dismissed after completing the program
If you were found guilty and sentenced — whether through a guilty plea or a trial verdict — the traditional expungement path is not available for that conviction.
Virginia’s Record-Sealing Laws for Convictions
Recognizing the harsh reality that permanent criminal records create, Virginia has moved toward allowing certain convictions to be sealed. These newer record-sealing provisions represent a significant shift in Virginia’s approach to criminal records.
Under these provisions, individuals with certain types of convictions may petition to have their records sealed after meeting specific requirements, including:
- Completing all terms of the sentence (including probation, fines, and restitution)
- Waiting a specified period of time after completing the sentence
- Having no subsequent criminal convictions during the waiting period
- Demonstrating that sealing serves the interests of justice
The availability and scope of conviction sealing continues to evolve as Virginia updates its laws. It is important to check the most current version of the law or consult a legal resource to determine your eligibility.
Which Guilty Verdicts May Be Eligible for Sealing?
Not all convictions are eligible for record sealing. Generally, the types of convictions that may qualify include:
Potentially Eligible:
- Certain misdemeanor convictions, particularly minor offenses
- Non-violent offenses
- Drug possession charges (especially minor marijuana-related offenses)
- First-time offenses with no subsequent criminal history
Generally Not Eligible:
- Violent felonies
- Sex offenses requiring registration
- DUI convictions (though DUI-related rules have specific nuances)
- Crimes against minors
- Offenses involving domestic violence
Warning: Eligibility for conviction sealing is highly fact-specific. Even if your offense type appears on the eligible list, other factors such as your overall criminal history, the severity of the offense, and the specific jurisdiction may affect your eligibility. Review which charges can be expunged or sealed in Virginia for more detail.
Waiting Periods After a Conviction
If your conviction is potentially eligible for sealing, you will need to satisfy a waiting period before you can file a petition. These waiting periods typically run from the date you complete your entire sentence, including any probation or parole. Common waiting periods include:
- Misdemeanor convictions: Typically a waiting period of several years after completing all sentence requirements
- Felony convictions (if eligible): Longer waiting periods, often significantly more than for misdemeanors
During the waiting period, you must remain free of any new criminal charges or convictions. Any new offense during this time can reset the clock or disqualify you entirely.
Planning Ahead: Understanding the timeline for the sealing process is important. Even after you become eligible, the petition and court process takes additional time. Start planning early so you can file as soon as your waiting period ends.
Factors the Court Considers
When reviewing a petition to seal a conviction, the court considers multiple factors to determine whether granting the petition serves the interests of justice:
- Nature and severity of the offense: Less serious offenses are more likely to be sealed
- Time elapsed since the conviction: A longer period of clean living strengthens your case
- Your criminal history: A single conviction with an otherwise clean record is viewed more favorably
- Rehabilitation efforts: Evidence of rehabilitation, such as education, steady employment, community service, or treatment programs, supports your petition
- Impact on your life: The manifest injustice standard asks whether the continued existence of the record causes disproportionate harm
- Public safety considerations: The court must weigh your interest in sealing the record against public safety
Documenting your rehabilitation and the impact of your record on your life — especially regarding employment and housing — can significantly strengthen your petition.
Alternatives If You Cannot Seal a Conviction
If your conviction is not currently eligible for sealing, there are still steps you can take:
- Expunge related non-conviction records: If you have other charges from the same case that were dismissed or dropped, those may be eligible for traditional expungement
- Seek a gubernatorial pardon: The Governor of Virginia has the power to grant pardons, which can restore certain rights even if the record cannot be sealed
- Obtain a Certificate of Qualification for Employment: This does not seal your record but can help mitigate the impact on employment opportunities
- Monitor law changes: Virginia’s record-sealing laws continue to expand, and convictions that are not eligible today may become eligible in the future
- Consult with an attorney: A criminal defense lawyer who specializes in record clearing can review your specific case. The Virginia State Bar Lawyer Referral Service can help you find an attorney, or explore free options through Virginia Legal Aid
Your Next Steps
Whether your record involves a conviction that may be eligible for sealing or non-conviction charges that qualify for traditional expungement, the most important step is to take action. Criminal records in Virginia do not go away on their own.
SealMyRecordVirginia.com can help you determine your eligibility and prepare the necessary paperwork. For just $199, our service generates your expungement petition and supporting documents, formatted and ready to file with the court. We simplify a process that can otherwise be confusing and time-consuming.