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Virginia Clean Slate Record Sealing Takes Effect July 1, 2026: What Gets Sealed (2026)

Independently fact-checkedBy Recording Law Editorial Team9 min read

Independently fact-checked against primary sources (last audited June 21, 2026). · 3 primary sources cited on this page. How we verify our legal content

Virginia Clean Slate Record Sealing Takes Effect July 1, 2026: What Gets Sealed (2026)

Virginia's Clean Slate Record-Sealing Law Takes Effect July 1, 2026: What Gets Sealed and How

Virginia's Clean Slate law begins on July 1, 2026, bringing the state's first system for automatically sealing certain misdemeanor convictions and for petitioning to seal a wider set of records. The change rolls out as state agencies finish building the systems needed to identify and seal eligible records.

Information last verified on June 21, 2026. This is a developing story; we update it as the record changes.

Status: The sealing provisions in Title 19.2, Chapter 23.2 of the Code of Virginia are enacted and take effect July 1, 2026. As of June 21, 2026, the automatic-sealing system is not yet operative, and state agencies are still standing up the records infrastructure to run it.

Jurisdiction scope: This article explains Virginia's Clean Slate record-sealing law taking effect July 1, 2026. It does not address other states' expungement or sealing rules and is not legal advice about any specific record. For the broader framework, see Virginia expungement laws and expungement laws by state.

What Is Happening

Virginia's Clean Slate framework takes effect on July 1, 2026, under Title 19.2, Chapter 23.2 of the Code of Virginia. The provisions were enacted through Virginia's Clean Slate legislation and refined by later amendments, with a delayed effective date so that the State Police and the courts could build the systems required to find and seal eligible records. The result is two paths to record relief: automatic sealing for a defined set of low-level convictions, and petition-based sealing for a broader set.

Automatic sealing is the headline change. For the first time, Virginia will seal certain misdemeanor convictions without the person filing anything, once the eligibility conditions are met. State estimates have described well over 100,000 records becoming eligible when the system comes online. The mechanism runs in the background through state records systems rather than through a courtroom request.

Because the law takes effect on July 1, the automatic process is not running before that date, and officials have emphasized that the rollout depends on records infrastructure that is still being completed. Virginia residents who think they may be eligible should treat July 1, 2026 as the start date, not a date by which any particular record will already be sealed.

no court filing fees for a sealing petition

What the Law Actually Says

The automatic-sealing path applies to a specific list of misdemeanors and a clean-record condition. Under Chapter 23.2, offenses including petit larceny, concealing merchandise, several types of trespass, misdemeanor distribution of marijuana, and disorderly conduct can be sealed automatically once seven years have passed since the conviction, provided the person has not been convicted of violating any law of the Commonwealth during that period, other than traffic infractions, and has no other disqualifying convictions. The statute sets the criteria; eligible records are then identified and sealed through the state system rather than by a judge in an individual case.

The petition path reaches further. People with certain additional misdemeanors, some lower-level felonies such as Class 5 and Class 6 offenses, and deferred dismissals may ask a court to seal those records. For felonies, the petition route generally requires a clean period of at least 10 years after completing all terms of the sentence. The conditions commonly include having no disqualifying offenses, not having already had two prior convictions sealed, and a showing that the continued existence and dissemination of the record causes or may cause a manifest injustice to the petitioner. Virginia structured the petition process without court filing fees, which removes a common barrier to seeking relief.

Sealing is not the same as destruction. A sealed record is made confidential and removed from public view, which affects what shows up in many background checks, but it continues to exist and can remain accessible to law enforcement and for certain limited purposes defined by statute. The distinction matters for anyone deciding what sealing will and will not do for their situation, and the precise effect depends on the specific provisions in Chapter 23.2.

housing and employment access after record sealing

Analysis: Why This Matters

The following is analysis from the Recording Law Editorial Team.

Virginia joins a growing group of states that have moved from petition-only expungement to automatic, or Clean Slate, sealing. The site has tracked similar rollouts, including automatic systems in Delaware and New York. The common thread is a recognition that eligibility on paper does not translate into relief when the only route is a court filing that many people never make. Automating the process for a defined list of low-level offenses is meant to close that gap, which is why the size of the eligible population, well over 100,000 records by state estimates, is a central feature rather than a footnote.

The harder part is implementation. Automatic sealing depends on accurate, connected records across the courts and the State Police, and the delayed effective date reflects how much system-building that requires. The early experience of other Clean Slate states suggests that the first batches and the handling of edge cases, such as records with incomplete data, are where the policy succeeds or stumbles. The petition path, with no filing fees, is the safety valve for records that fall outside the automatic list or that the system does not catch.

We are not predicting how smoothly Virginia's rollout will go or how any individual record will be treated, and the exact reach of each provision is defined by the statute. The durable point is that on July 1, 2026, Virginia shifts from a system where sealing required a filing to one where many low-level convictions can clear automatically, which is a meaningful change for people whose old records still affect housing and employment.

What Happens Next

The key date is July 1, 2026, when the Chapter 23.2 sealing provisions take effect. After that, the automatic system is expected to begin identifying and sealing eligible misdemeanor records that meet the seven-year clean-record condition, and the petition process becomes available for the broader set of eligible records. Because the rollout depends on records infrastructure that the State Police and the courts are still completing, the pace at which records are actually sealed after July 1 may lag the effective date.

The development that would turn this explainer into a settled, hard-news account is the system going live and the first records being sealed, along with any state guidance on how to confirm whether a specific record was sealed or how to file a petition. Until the law takes effect, Virginia's existing expungement rules continue to govern, and this article describes eligibility categories rather than the status of any particular record.

This is general legal information, not legal advice. It explains Virginia's Clean Slate record-sealing law taking effect July 1, 2026, and reflects sources verified on June 21, 2026. Laws change, the rollout is developing, and you should consult a lawyer licensed in your jurisdiction about your specific record.

Sources

Last updated: 2026-06-21. This is a developing story; details verified as of 2026-06-21.

Frequently Asked Questions

When does Virginia's Clean Slate law take effect?

The sealing provisions in Title 19.2, Chapter 23.2 of the Code of Virginia take effect July 1, 2026. As of June 21, 2026, the automatic-sealing system is not yet operative, and state agencies are still building the records systems needed to run it.

Which records will be sealed automatically?

Certain misdemeanors, including petit larceny, concealing merchandise, several types of trespass, misdemeanor distribution of marijuana, and disorderly conduct, can be sealed automatically once seven years have passed since the conviction and the person has no disqualifying or new convictions, other than traffic infractions, during that period.

Do I have to file anything for automatic sealing?

No. The point of automatic, or Clean Slate, sealing is that eligible records are identified and sealed through the state system without the person filing a request. Records that fall outside the automatic list may still be eligible through the petition process.

Can felonies be sealed in Virginia under this law?

Some can be sealed by petition. The law allows petition-based sealing for certain additional misdemeanors and some lower-level felonies, such as Class 5 and Class 6 offenses, generally after a 10-year clean period for felonies, subject to conditions and a showing that the record's continued dissemination would cause a manifest injustice to the petitioner. Virginia set up the petition process without court filing fees.

Is a sealed record the same as a destroyed record?

No. Sealing makes a record confidential and removes it from public view, which affects many background checks, but the record continues to exist and can remain available to law enforcement and for certain limited statutory purposes. The exact effect depends on the provisions in Chapter 23.2.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Code of Virginia, Title 19.2, Chapter 23.2 (record sealing)(law.lis.virginia.gov).gov
  2. Va. Code section 19.2-392.6 (automatic sealing, eff. July 1, 2026)(law.lis.virginia.gov).gov
  3. Virginia State Crime Commission, Sealing of Criminal Records(vscc.virginia.gov).gov
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