Virginia’s Record Sealing Law Delayed Until 2026: What You Need to Know
By Dischley Law PLLC | Criminal Defense Attorneys Serving Fairfax, Prince William, Arlington, Alexandria, Stafford, Fauquier, and Loudoun
Update: As of March 14, 2025, Senate Bill 1466 (SB1466) is still awaiting Governor Glenn Youngkin’s signature. The bill delays Virginia's new record sealing law until January 1, 2026.
What Does This Mean for You?
The Virginia record sealing law was designed to help individuals clear their criminal records, but with this delay, affected individuals will have to wait longer. However, this also gives you time to prepare.
Who is Eligible for Record Sealing?
Virginia’s new law allows for automatic sealing of some offenses and petition-based sealing for others.
1. Automatic Sealing (No Court Petition Required)
- Non-convictions (Dismissals & Acquittals) – Sealed immediately.
- Specific Misdemeanors – Sealed after 7 years with no new convictions.
2. Petition-Based Sealing (Court Approval Required)
- Other Misdemeanors – Can be sealed with court approval after 7 years.
- Low-Level Felonies (Class 5 & 6) – Can be sealed with court approval after 10 years.
- Deferred Dismissals – Eligible for immediate sealing upon completion of a diversion program.
Why Was the Law Delayed Until 2026?
The law was delayed to give Virginia’s courts and law enforcement agencies time to implement the changes properly. The Governor has until March 24, 2025, to sign the bill.
Virginia Record Sealing Eligibility Timeline
This table outlines when different charges can be sealed, how long individuals must wait, and whether court approval is required.
| Type of Offense | Waiting Period | Sealing Method | Court Approval Required? |
|---|---|---|---|
| Non-Convictions (Dismissals, Acquittals) | No waiting period | Automatic Sealing | No |
| Specific Misdemeanor Convictions (Petit Larceny, Marijuana Possession, Trespassing, etc.) | 7 years (no new convictions) | Automatic Sealing | No |
| Other Misdemeanor Convictions (Not on the automatic sealing list) | 7 years (no new convictions) | Petition-Based Sealing | Yes |
| Low-Level Felony Convictions (Class 5 & 6 felonies such as Larceny, Drug Possession) | 10 years (no new convictions) | Petition-Based Sealing | Yes |
| Deferred Dismissals (Completed diversion programs) | No waiting period | Petition-Based Sealing | Yes |
Steps to Take Now
- Check Your Criminal Record – Request your record from the Virginia State Police.
- Determine Eligibility – Find out if your charges qualify for sealing.
- Stay Conviction-Free – Any new convictions can impact eligibility.
- Work with an Attorney – Petition-based sealing requires legal expertise.
Need help sealing your record in Virginia? Contact Dischley Law PLLC today for a consultation.
Final Thoughts
While the delay is frustrating, it provides an opportunity to prepare. If you have questions about record sealing in Fairfax, Prince William, Arlington, Alexandria, Stafford, Fauquier, or Loudoun, contact us today.