Clearing A Record
Va. Code 19.2-392.6 — sealing after seven years, and expungement when there was no conviction
In Virginia, sealing means the public cannot get the records of an arrest, charge or conviction from the central criminal records exchange, the courts, the police or the Department of Motor Vehicles, except for the purposes the law allows. A law-enforcement agency answers an inquiry about a sealed record by saying that no record exists, unless disclosure is permitted.
Some misdemeanors are sealed automatically after seven years. A conviction for misdemeanor petit larceny or shoplifting, trespass after being forbidden, disorderly conduct, and a few others the section names, with an offense date on or after January 1, 1986, is sealed automatically once seven years have passed without another conviction reportable to the central criminal records exchange, not counting traffic infractions. It does not apply if the person was convicted of an ineligible offense on the same date.
A person who was acquitted, or whose charge was dropped by nolle prosequi or otherwise dismissed, may petition the circuit court to expunge the police and court records of the charge, with no court fees or costs for filing.
The version of the expungement section quoted here is in force until December 1, 2026; a new version enacted to replace it on that date reaches a person who was not ultimately convicted, unless facts sufficient to find guilt were stipulated or found and the disposition deferred.
Sources for this section (3)
- Va. Code 19.2-392.6 — Automatic sealing of offenses resulting in conviction
- Va. Code 19.2-392.5 — Sealing defined; effect of sealing
- Va. Code 19.2-392.2 — Expungement of police and court records
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.