Virginia Clean Slate Law 2026: Can I Seal My Criminal Record?

 Posted on August 02, 2026 in Appeals and Expungement

For many Virginians, a criminal record creates obstacles long after a case comes to an end. As of July 1, 2026, Virginia's new Clean Slate law grants people the ability to seal their criminal records. While not every offense qualifies, this legislation gives people an opportunity for a fresh start.

If you are wondering whether you can apply to get your criminal record sealed in 2026, our Virginia Beach criminal defense attorney wants to talk to you. Attorney Vincent Castellano is friendly, affordable, and local – he knows the community and cares whether its citizens are doing well.

What Is Record Sealing?

Record sealing is a legal process that limits public access to a criminal record while still allowing certain government agencies to retain access for authorized purposes. Record sealing does not erase, destroy, or expunge a criminal record. Instead, it hides the conviction from the general public.

After a record is sealed, it generally will not appear in public court records or ordinary criminal background checks used by most employers and landlords. Certain government agencies, law enforcement, prosecutors, and courts may still access sealed records in circumstances authorized by law.

What's New Under Virginia's Clean Slate Law?

Virginia's Clean Slate legislation created both automatic sealing and petition-based sealing for qualifying offenses.

Automatic Sealing

Certain records may be sealed automatically without filing a petition. These include:

• Traffic infractions
• Most dismissed misdemeanors
• Certain acquittals
• Certain misdemeanor convictions, including petit larceny, shoplifting, trespassing, disorderly conduct, and some marijuana-related offenses.

Petition-Based Sealing

Other records require filing a petition with the circuit court. Eligible records may include:

• Many misdemeanor convictions
• Certain Class 5 and Class 6 felony convictions
• Deferred dismissals
• Certain related ancillary matters, such as probation violations or failure-to-appear charges connected to an otherwise eligible case.

What Happens at a Virginia Record Sealing Hearing?

Most petition-based record sealing cases require a hearing. When a hearing is scheduled, the judge reviews the petition, any objections raised by the Commonwealth, and the evidence presented by both sides. Then the court determines whether the record qualifies under Virginia's Clean Slate Law.

At Castellano Law Firm PLLC, we carefully prepare every record sealing petition and present the strongest evidence and legal arguments to the court on your behalf. If your petition is granted, your criminal record will be sealed in accordance with Virginia law, opening the door to new opportunities.

Not Every Conviction Qualifies for Record Sealing in Virginia 

The new law is broad, but it does not apply to every offense. The following offenses are generally excluded from petition-based sealing:

• Most violent felonies
• Sex offenses
• Felonies involving the use of a firearm
• Protective order violations
• Many crimes against family or household members
• Various other offenses specifically excluded by statute.

Eligibility also depends on factors such as:

• The offense date
• The type of offense
• Completion of the sentence
• The amount of time that has passed
• The individual's criminal history after the conviction.

What Are the Benefits of Record Sealing?

Sealing a criminal record has many benefits, including:

• Better employment opportunities
• Making it easier to qualify for housing
• Limiting public access to court records
• Removing the conviction from the public eye. 

Please be aware that record sealing does not restore firearm rights, eliminate immigration consequences, or overturn a conviction.

How a Hampton Roads Criminal Defense Attorney Can Help with Record Sealing 

Castellano Law Firm PLLC offers a free consultation to determine whether your record is eligible for sealing under Virginia's Clean Slate law. We work closely with every client to prepare a personalized record sealing petition, develop the strongest legal arguments, and diligently prepare for the court hearing.

If you have an old criminal record and would like to know whether you qualify under Virginia's new Clean Slate law, contact our office online or at 757-724-0073 to talk to a Virginia Beach expungement and sealing lawyer.