VIRGINIA EXPUNGEMENT & RECORD SEALING LAWYER IN VIRGINIA BEACH

If a past arrest or conviction is still showing up on background checks, Virginia law may allow you to have that record sealed from public view. Virginia’s expungement law changed significantly in recent years — some records are now sealed automatically, while others require a formal court petition. Getting this right matters: filing the wrong type of petition, missing an eligibility requirement, or overlooking a related charge can result in a denied petition that’s difficult to refile.

Contact our firm today to schedule a consultation about clearing your record.

WHAT EXPUNGEMENT (RECORD SEALING) MEANS IN VIRGINIA

In Virginia, “expungement” and “sealing” are largely used to describe the same protection: restricting public access to a criminal record so it no longer appears on most background checks. A sealed record isn’t physically destroyed — it still exists, but access is limited to a narrow group of authorized parties, such as law enforcement or courts, for specific legal purposes. For most people, a sealed record means employers, landlords, and licensing boards can no longer see it.

WHO QUALIFIES FOR AUTOMATIC SEALING

Under Virginia’s updated sealing law, certain records are now sealed automatically, without the person having to file anything:

Dismissed or acquitted charges: If you were acquitted, the case was dismissed with prejudice, or the Commonwealth chose not to prosecute (nolle prosequi), a misdemeanor charge is generally sealed automatically. A dismissed or acquitted felony charge can also be sealed automatically, but only with the consent of the Commonwealth’s Attorney.
Certain older misdemeanor convictions: A specific list of misdemeanor convictions — including petit larceny, concealing merchandise, several types of trespass, misdemeanor marijuana distribution, and disorderly conduct — are sealed automatically once seven years have passed since the conviction, provided you haven’t been convicted of anything else since.
Ancillary matters: Related court records tied to a sealed case, such as probation violations or failures to appear, are now sealed along with the underlying charge.

WHO NEEDS TO PETITION THE COURT FOR SEALING

If your record doesn’t qualify for automatic sealing, Virginia law still allows many people to petition the court directly, including those with:

Misdemeanor convictions not on the automatic list
Class 5 and Class 6 felony convictions
Certain felony larceny convictions

To petition successfully for a conviction-based sealing, you generally must show that you haven’t been convicted of another crime anywhere in the United States (excluding traffic infractions) for the past 10 years. There is also a lifetime limit of two sentencing events that can be sealed through petition for actual convictions — though there’s no such limit for sealing dismissals, acquittals, or nolle prosequi charges.

WHAT CANNOT BE SEALED OR EXPUNGED

Not every conviction qualifies, regardless of how much time has passed. Virginia law specifically excludes certain offenses from petition-based sealing, including felony DUI, DUI resulting in death or serious injury, and domestic assault against a family or household member. Standard DUI convictions are also generally not eligible for sealing under current Virginia law. An attorney can help you determine exactly what is and isn’t eligible in your specific case.

THE PETITION-BASED SEALING PROCESS

For records that require a petition, the process generally involves filing a petition with the appropriate circuit court, providing fingerprints so the Virginia State Police can prepare a criminal history report, and, in many cases, attending a court hearing where the judge decides whether sealing is appropriate. The Commonwealth’s Attorney’s office has the opportunity to respond to or object to your petition, which is why building a well-documented, properly filed petition from the outset matters.

WHY WORK WITH A FORMER PROSECUTOR ON YOUR PETITION

As a former Assistant Commonwealth’s Attorney, George Holton Yates understands how prosecutors evaluate sealing petitions and what tends to draw an objection. That insight allows us to anticipate potential issues before they arise, correctly identify which of your records qualify for automatic sealing versus a petition, and present the strongest possible case to the court on your behalf.

FREQUENTLY ASKED QUESTIONS

What’s the difference between expungement and sealing in Virginia?
In Virginia, the two terms largely describe the same protection. Sealing restricts public access to a criminal record — it isn’t destroyed, but it no longer appears on most background checks and is only accessible to a narrow group of authorized parties for specific legal purposes.

Which records are automatically sealed in Virginia?
Dismissed charges, acquittals, and cases the Commonwealth chooses not to prosecute are generally sealed automatically for misdemeanors, and for felonies with the Commonwealth’s Attorney’s consent. A specific list of older misdemeanor convictions — including petit larceny, trespass, and disorderly conduct — is also sealed automatically seven years after conviction if your record has stayed clean since.

Can a felony conviction be sealed in Virginia?
In some cases, yes. Class 5 and Class 6 felony convictions, along with certain felony larceny convictions, may be eligible for petition-based sealing if you haven’t been convicted of another crime in the past 10 years and haven’t already reached the two-sentencing-event lifetime limit for sealed convictions.

Can a DUI conviction be sealed or expunged in Virginia?
Generally, no. Standard DUI convictions are not eligible for sealing under current Virginia law, and felony DUI offenses, along with DUI resulting in death or serious injury, are specifically excluded from petition-based sealing.

Do I need a lawyer to petition for record sealing in Virginia?
It isn’t legally required, but the petition process involves specific filing requirements, fingerprinting, and a court hearing where the Commonwealth’s Attorney can object. A lawyer familiar with how sealing petitions are evaluated can help ensure your petition is properly filed and give you the strongest chance of success.