Expungement
*View Handout on Updates to VA Criminal Record Expungement Laws: HERE*
Expungement law allows individuals to seek the removal or sealing of their criminal records under certain circumstances. This process typically involves petitioning the court to erase a conviction or arrest from a person’s record, thus providing them with a fresh start and improved opportunities for employment, housing, and other areas.
Give LSNV a call and see if your record can get expunged.
Currently, expunging a criminal record is a lengthy process that can take nine months or longer. However, after a record is expunged or sealed, the record can only be accessed by getting a court order and even then, only for specific reasons set forth in the law. Most relevant, landlords and most employers no longer have access.
As of now, Virginia only allows persons whose cases were dismissed, dropped, or those found not guilty to ask a court to expunge those records.
Updates to Virginia Expungement Laws
However, Virginia recently passed a new expungement law that expands eligibility criteria for clearing criminal records. Starting July 1, 2025, non-convictions (such as dismissals or acquittals), many misdemeanor convictions, and some felony convictions can be sealed, with some being automatically sealed instead of the normal court process. Under this law, individuals with certain misdemeanor and felony convictions related to marijuana possession, can petition to have their records expunged.
Under Virginia law, sealing a record and expunging a record are virtually the same.