You’ve worked tirelessly to turn your life around, but a single charge from your past casts a shadow over job interviews, housing applications, or even your license. Maybe it was a misdemeanor from years ago, something you never imagined would follow you this far.
Now, you’ve heard Virginia has revamped its expungement laws. But what does this mean for you? Below, we outline the updates to the laws for Virginia expungement in 2025, including what’s new, who qualifies, and how to take the next steps toward a cleaner record.
Virginia’s system for sealing and expunging records has been completely transformed. In 2021, the General Assembly passed comprehensive reforms, making more people eligible and creating an automatic sealing process. The law has been changed each year thereafter, and it may continue to change before it becomes effective. The law currently includes:
These changes are part of Virginia’s Clean Slate initiative, designed to give individuals with older or minor convictions a greater opportunity to secure housing, employment, and stability.
Unless it is changed or delayed yet again, the law will become effective July 1, 2026.
The good news is that many more people now qualify for record relief than before. Whether you’re eligible depends on the type of offense, the final decision in your case, and how much time has passed since your conviction. You may meet the requirements when any of the following apply:
Waiting periods vary by offense and can range from seven years for Class 1 misdemeanors to 10 years for certain non-violent felony convictions. Shorter periods may apply for charges dismissed with prejudice or where the prosecution was granted a nolle prosequi.
As stated, the law now differentiates between expungement and sealing, and offers those as two separate processes:
Expungement removes the charge from public records while sealing limits who can access it. Both offer record relief, but only if your situation matches the applicable legal criteria.
When the law takes effect in 2026, Virginia will allow you to seal some non-violent felony convictions, but not all. Under SB1466, convictions like shoplifting or drug possession may qualify if:
More serious felonies, such as those involving violence, weapons, or sex offenses, are not eligible.
The impact of a sealed or expunged record goes far beyond legal status. It can:
As Virginia ramps up the technology to handle the automatic sealing of lesser offenses and acquittals, it’s certainly possible that even more violations will be added to the sealable list.
Are you considering pursuing a Virginia expungement of a misdemeanor or non-violent felony? Or are you thinking of trying to get a conviction sealed? If so, here’s how to start:
Sealing and expungement aren’t automatic for everyone, but a clean record may be possible.
At Flusche & Fitzgerald, we’ve built our practice on helping people defend themselves and protect their futures. We know Virginia’s criminal courts inside and out. With over 1,000 five-star reviews from previous clients and strong relationships with local courts and prosecutors, we provide every client with knowledgeable and supportive legal representation.
We don’t just handle cases—we help people move forward. We personally handle a limited number of expungements currently due to our full case load. If we cannot take on your matter, we would love to refer you to a colleague who can assist. Please feel free to contact us.
Virginia’s new sealing law, enacted in phases beginning in 2021 and expanded in 2025, allows specific misdemeanor and low-level felony convictions to be sealed from public view. It includes both automatic and petition-based processes.
When the law takes effect in 2026, certain non-violent felony convictions, such as drug possession or shoplifting, may be eligible for record sealing after 10 years. However, you must meet specific conditions and file a petition to make this happen.
Key changes to Virginia expungement in 2025 include expanded record-sealing eligibility, clarification on petition processes, and updates under SB1466. These changes are part of broader Clean Slate reforms to improve housing, employment, and access to other opportunities.
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