Virginia’s Clean Slate Law: Expungement & Restoration of Civil Rights in Virginia Beach

Virginia’s new Clean Slate law takes effect July 1, 2026, allowing certain misdemeanor and lower-level felony convictions to be sealed from public view for the first time in state history. It works alongside — not instead of — traditional expungement, which remains the remedy for dismissed charges, and Virginia’s restoration of civil rights process, which restores the right to vote, serve on a jury, and hold public office after a felony conviction. If you have an old charge or conviction affecting your job, housing, or licensing prospects, an attorney can tell you which of these three paths — sealing, expungement, or rights restoration — actually applies to your record.

A Second Chance Is Coming to Virginia — Here’s What It Actually Covers

For most of Virginia’s history, a conviction was permanent in the eyes of the public. That changes on July 1, 2026, when the Commonwealth’s Clean Slate law goes into effect under Virginia Code §§ 19.2-392.5 through 19.2-392.17. The law allows certain misdemeanor and lower-level felony convictions to be sealed — meaning removed from public case search and most commercial background checks — for the first time in Virginia.

Sealing is not the same as erasure. A sealed record still exists and remains accessible to law enforcement and certain licensing bodies, but it’s no longer visible to most employers, landlords, and background-check services. Some qualifying misdemeanors will seal automatically starting around October 2026, without a petition. Other records — including many felony convictions — will require a petition to the court. Serious offenses such as DUI, domestic assault, and violent felonies are excluded entirely.

Clean Slate doesn’t replace expungement or civil rights restoration — it adds a third option, and figuring out which one (or which combination) fits a particular record is exactly the kind of judgment call that comes from having sat on the prosecution side of these cases.

Clean Slate, Expungement, and Rights Restoration Aren’t the Same Thing

These three remedies solve different problems, and mixing them up costs people time:

• Expungement (Va. Code § 19.2-392.2) has always been available, but only for charges that were dismissed, nolle prossed, or resulted in a not-guilty finding. It does not apply to convictions.
• Clean Slate sealing (new in 2026) applies to certain convictions themselves — misdemeanors and lower-level felonies that meet waiting-period and eligibility rules. This is new ground for Virginia.
• Restoration of civil rights is a separate process altogether, run through the Governor’s office rather than the courts. It restores the right to vote, serve on a jury, run for public office, and become a notary — rights automatically stripped by a felony conviction under Virginia’s constitution.

That third category has changed significantly in 2026. Governor Spanberger’s administration reopened and streamlined the restoration process after the prior administration moved to a slower, case-by-case review system, and has already restored rights to more than 66,000 Virginians this year — including removing a requirement that applicants first confirm payment of all fines, fees, and restitution. A ballot measure this November could eventually make restoration automatic upon release, but for now, applying is still the fastest path, and it’s often overlooked by people who assume a sealed or expunged record automatically restores their rights. It doesn’t — sealing and rights restoration are two separate applications.

Who Qualifies for Record Sealing Under Clean Slate

Eligibility depends on the specific offense, its disposition, and how much time has passed. General guideposts as the law is currently written:

• Misdemeanor sealing generally requires no new convictions for seven years from the petition date.
• Only convictions or deferred-and-dismissed charges with an offense date of January 1, 1986 or later are eligible — nothing older qualifies.
• DUI, domestic assault, and violent felony convictions are excluded from sealing.
• Some qualifying misdemeanors are expected to seal automatically starting around October 2026; most others require filing a petition.

Because the courts and Virginia State Police are still building the systems to process these petitions, early guidance from local clerks suggests filing too early — for a record that would have sealed automatically anyway — can create unnecessary delay. Knowing whether a specific charge needs a petition at all is worth a conversation before filing anything.

Why the Timing Matters Right Now

Clean Slate doesn’t mean every eligible record disappears from background checks on July 1. Implementation is staged: Virginia State Police has its own deadline for transmitting the first batch of convictions eligible for automatic sealing, and courts are still finalizing petition procedures for everything else. For anyone timing a job application, a lease, or a professional license around this law, that staged rollout matters — a case doesn’t seal itself just because the calendar changed.

Preparing now — pulling case records, confirming eligibility dates, and filing where a petition is required — puts a person ahead of the backlog rather than behind it.

Frequently Asked Questions

What is Virginia’s Clean Slate law? It’s a 2026 law (Va. Code §§ 19.2-392.5–392.17) that allows certain misdemeanor and lower-level felony convictions to be sealed from public view starting July 1, 2026 — the first time Virginia has allowed conviction records to be sealed rather than only dismissed charges expunged.

Is sealing the same as expungement? No. Expungement erases a charge that was dismissed or resulted in acquittal. Sealing restricts public access to a conviction that still legally exists.

Does sealing my record restore my right to vote? No. Sealing and expungement affect record visibility; restoring the right to vote, serve on a jury, or hold office requires a separate application to the Governor’s office.

Will my record seal automatically, or do I have to file for it? Some qualifying misdemeanors are expected to seal automatically starting around October 2026. Most other eligible records, including lower-level felonies, require a petition to the court.

What offenses are excluded from Clean Slate sealing? DUI, domestic assault, and violent felony convictions cannot be sealed under the current law, regardless of how much time has passed.

Call Us Today! 

George Holton Yates spent years as an Assistant Commonwealth’s Attorney before moving to the other side of the courtroom. That experience means he doesn’t just know Virginia’s new record-relief options on paper — he knows how prosecutors, clerks, and judges will actually apply them in the first months of a brand-new law. If an old charge or conviction is standing between you and a job, a lease, or a license, our Virginia Beach office can tell you plainly whether sealing, expungement, or civil rights restoration is the right path — and file it correctly the first time. Call us today!