Understand the key differences between expungement and record sealing in Virginia and which option may apply to your case.
Virginia law provides two primary forms of relief for criminal records: expungement and record sealing.While both options can reduce the impact of a criminal charge on background checks, they function differently and apply in different situations.Understanding the difference between these two processes is an important first step in determining which option may be available for your case.
Determining whether expungement or record sealing may be available depends on:
Expungement is a legal process that allows a person to request that records of a criminal charge be removed from public access.
In Virginia, expungement is generally available only when a case did not result in a conviction, such as:
Expungement is also available if someone else used your identity. The process is governed by Virginia Code § 19.2-392.2.
If granted, the record is removed from public access and generally will not appear in most background checks.
Record sealing is a separate legal process that limits who can access a criminal record and under what circumstances. Record sealing allows more access than expungement.
Sealed records are generally hidden from public background checks but remain accessible to certain government agencies.
Virginia law allows record sealing under Virginia Code § 19.2-392.12.
Record sealing may apply to:
Eligibility depends on the type of offense and required waiting periods
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