Virginia Record Sealing Eligibility

Find out who may qualify for record sealing under Virginia law and whether your case may qualify.

Who Is Eligible for Record Sealing in Virginia?

Virginia law allows certain criminal records to be sealed from public access under Virginia Code § 19.2-392.12. Some criminal records are subject to automatic sealing, while others require that a petition be filed to seal.

Record sealing does not erase the record entirely, but it limits who can view the record, which can reduce the impact of the charge on background checks.

Eligibility depends on the outcome of the case and the type of offense involved.

Determining Whether Your Case Qualifies

Eligibility for record sealing depends on:

The type of charge

The outcome of the case

Waiting periods required by law

A person’s criminal history

Situations Where Record Sealing May Be Available

In general, petition-based record sealing may be available for:

Most misdemeanor convictions or deferrals and dismissals
Most Class 5 and Class 6 felonies or deferrals and dismissals
Felony Larceny convictions or deferrals and dismissals

Record Sealing vs Expungemen

Record sealing is different from expungement.

Record sealing restricts access to the record and may apply to certain non-convictions as well as convictions.
Expungement restricts access to the record significantly more than record sealing but usually only applies to non-convictions.

Learn More About Record Relief in Virginia

You may also find these guides helpful: