When Do You Qualify for Expungement in Virginia?

A criminal record can negatively affect many aspects of your life. This is true even if your arrest did not result in a conviction. As a result, if you’re eligible, it’s important to seek to clear your record. While expungement is available only in limited circumstances, Virginia’s new “Clean Slate” law provides record sealing in a broader range of scenarios. Learn more from an experienced Woodbridge expungement attorney at Stevens Caruso.

Are you eligible to have your criminal record expunged? If you don’t know, it is worth finding out. A criminal record can negatively affect many aspects of your life, so expunging it can be truly life-altering. Virginia’s expungement laws are changing in 2026, and the Commonwealth’s new “Clean Slate” law provides additional opportunities to minimize the long-term consequences of many types of criminal cases.

With all of the recent changes, understanding your options can be challenging. As a result, we strongly recommend speaking with a Woodbridge expungement attorney if you have questions. An experienced attorney can explain what you need to know and guide you through the process of seeking to have your criminal record expunged or sealed, if you are eligible.

What Are the Differences Between “Record Sealing” and “Expungement?”

Virginia’s new “Clean Slate” law changes several of the Commonwealth’s existing laws regarding record sealing and expungement. Importantly, while the terms “record sealing” and “expungement” are often used interchangeably, they are not the same:

• Record Sealing – If your criminal record is sealed, it is no longer available to the public, and it will not show up on most criminal background checks. However, your criminal record will still be accessible to the police, prosecutors, and the courts, and there are 28 “specified reasons” why sealed records may be used.
• Expungement – If your criminal record is expunged, it is “removed from public inspection and normal access.” As the Virginia State Crime Commission (VSSC) explains, expunged records can only be accessed for limited law enforcement purposes; and, while there are exceptions, “a person generally does not need to disclose an expunged offense.”

The “Clean Slate” law applies primarily to record sealing. While record sealing offers lesser protection than expungement, sealing is available in more circumstances and for more types of offenses. As a result, even if you are not eligible for expungement, you may still be eligible to have your record sealed—and sealing can still be well worth it.

How Do I File a Petition for Record Sealing or Expungement?

If you want to have your criminal record sealed or expunged, the first step is to determine whether you are eligible. A wide range of criminal records are now eligible for sealing or expungement (and additional records will become eligible on December 1, 2026)—so you will want to consult a Woodbridge expungement attorney who is up to date on the law. Your attorney will be able to review your criminal record and advise you accordingly (and your attorney can obtain a copy of your criminal record from the Virginia State Police if necessary).

Under Virginia’s new “Clean Slate” law, some criminal records will be sealed automatically after seven years. If your criminal record is eligible for automatic sealing, you don’t need to do anything—though you will want to confirm it has been properly sealed once the seven-year waiting period has expired.

If you need to file, the steps you need to take depend on whether your criminal record is eligible to be sealed or expunged. In either case, you must file a formal petition in court, and you may need to attend a court hearing. These are important reasons to work with an experienced attorney throughout the process.

FAQs: Record Sealing and Expungement in Virginia

How can I find out if my criminal record is eligible to be expunged or sealed?

Because of several recent changes to Virginia’s record sealing and expungement laws, we recommend speaking with an experienced attorney if you have questions about your eligibility. Additional changes are coming later in 2026, so even if you are not eligible now, you may become eligible before the end of the year.

How long do I need to wait before I can file to have my criminal record sealed or expunged?

The answer depends on the crime(s) for which you were charged and the final disposition of your case. For some criminal records, there is no waiting period. For others, the waiting period can range from seven to ten years.

Do I need an attorney to file for expungement in Virginia?

While you are not legally required to hire an attorney to help you file for expungement, the process is complicated. As a result, we recommend seeking legal representation. If you have questions about how an attorney can help, we will be happy to explain the services we offer.

How We Can Help

At Stevens Caruso, we help individuals in Woodbridge and throughout Northern Virginia file to seal or expunge their criminal records. Whether you have questions about your eligibility or are sure you qualify and ready to start, we can help you move forward. We offer free in-office consultations, and we encourage you to contact us to get started today.

Schedule a Free Consultation with a Woodbridge Expungement Attorney Today

If you would like to speak with an experienced Woodbridge expungement attorney about your options, please get in touch. We handle record sealing and expungement cases throughout Northern Virginia. To schedule a free in-office consultation with an experienced attorney at Stevens Caruso, call us at 703-897-1777 or tell us how we can help online today.