Virginia Expungement — How to Clear Your Record

Expungement in Virginia allows eligible individuals to have certain criminal records sealed or destroyed, making them invisible to most background checks §19.2-392.2. The process, eligibility requirements, and waiting periods vary based on the type of offense and the outcome of the case.

When a record is expunged, it is sealed from public view. In most cases:

• The record will not appear on standard background checks
• You may legally state that you have not been convicted of the expunged offense on most job applications
• Law enforcement and certain government agencies may still have access to sealed records
• Some professional licensing boards may still be able to see expunged records

Not all offenses are eligible for expungement. General eligibility requirements include:

Offenses that are eligible

• Arrests that did not result in conviction (dismissed, acquitted, nolle prosequi)
• Certain misdemeanor convictions after a waiting period
• Some nonviolent felony convictions (in states with expanded eligibility)
• Deferred adjudication or diversion program completions

Offenses that are NOT eligible

• Violent felonies (murder, rape, armed robbery, aggravated assault)
• Sex offenses requiring registration
• Crimes against children
• Certain offenses involving moral turpitude

Virginia requires specific waiting periods: No waiting period for acquittals and dismissals (nolle prosequi); felony and misdemeanor conviction expungement available under 2021 reform with varying waiting periods.

Virginia significantly expanded expungement in 2021 (SB 1339/HB 2113), adding automatic sealing for certain offenses and petition-based sealing for misdemeanor and some felony convictions. Implementation phased through 2025. Violent felonies, sex offenses, and DUI convictions are excluded. Filing fees vary by court; fee waivers available for indigent petitioners.

• Does not restore firearm rights automatically (federal law may still apply)
• Does not prevent the record from being used if you commit a new offense
• Does not apply retroactively to consequences already incurred (lost jobs, denied housing)
• May not prevent access by certain agencies (law enforcement, immigration, military)
• Does not remove the offense from federal databases (FBI records may still reflect the arrest)

Despite its limitations, expungement provides significant practical benefits:

• Employment — Most private employers will not see the expunged record on a standard background check
• Housing — Expunged records do not appear in standard tenant screening reports
• Education — College and professional school applications ask only about convictions, not expunged records
• Peace of mind — A formal legal closure that allows you to move forward