A Fresh Start Is Coming: Virginia’s New Record Sealing Law Takes Effect July 1, 2026
For years, a criminal conviction in Virginia meant one thing: it followed you, forever. Employers could see it. Landlords could see it. The public could see it. And there was almost nothing you could do about it.
That is about to change.
Virginia’s new record sealing law — passed by the General Assembly in 2021 and now finally set to take effect — allows certain criminal convictions to be sealed from public view for the first time in the Commonwealth’s history. The law goes into effect July 1, 2026, and it is not speculative — it is happening.
What Does “Sealing” Actually Mean for You?
Once sealed, convictions won’t appear on most background checks — giving you a real chance at better jobs, housing, and a fresh start. Employers, landlords, and the general public lose access to those records. While the record is not destroyed, it is effectively removed from your past as the world sees it.
The Power of a Petition — And Why You Need an Attorney
The most significant opportunity under this new law is petition-based sealing — a process where an attorney files on your behalf and asks the court to seal your record. This is where the real change lies.
Roughly 90% of all misdemeanors and nearly two-thirds of all Class 5 and Class 6 felonies, plus all larceny felonies, are potentially eligible for sealing under the new law. That covers a vast range of convictions that were previously permanent, public, and damaging — charges that have cost people jobs, housing, and opportunities for years.
Eligible categories for petition-based sealing include:
• Most misdemeanors with court approval after seven years
• Class 5 and Class 6 felonies with court approval after ten years
• Larceny felonies with court approval after ten years
• Deferred dismissals upon completion of a diversion program
The 2025 amendments also closed an important gap: if a petitioner had an underlying qualifying conviction and later received a probation violation, both the original conviction and the probation violation can now be sealed together as “ancillary matters” under Va. Code §§ 19.2-392.12 and 19.2-392.12:1.
Petition-based sealing is not automatic. It requires filing with the circuit court, presenting your case, and satisfying the legal criteria. The outcome can depend heavily on how the petition is prepared and presented.
No Filing Fee — But You Still Need Guidance
The legislature eliminated the court filing fee for sealing petitions, which removes one barrier — but navigating eligibility, gathering records, drafting the petition, and appearing before the court still requires legal skill. Not every conviction qualifies, and the new law contains numerous exceptions that disqualify certain offenses.
Don’t Wait — Start Now
July 1, 2026 is the date courts can begin granting petitions. That means the time to evaluate your eligibility and begin preparing is now.
ROULEAU LAW, PLLC
9 Payne Street, Chatham, Virginia
(434) 933-0022
Proudly serving Pittsylvania County, Danville, Henry County, Martinsville, and Patrick County.
This blog post is marketing and advertising material for Rouleau Law, PLLC, owned by Attorney Daniel Rouleau. The previous information is not intended and should not be taken as legal advice in Virginia or elsewhere. Discuss your case and any court action with a licensed Virginia attorney.
