Virginia Record Seal

Clear Your Virginia Criminal Record

Straight answers to the questions people ask us most.

What's the difference between sealing and expungement?

They are two different legal processes under Virginia law.

Sealing applies to convictions and deferred dismissals. The record still exists but is hidden from public view — employers, landlords, and most background checks won't see it. Sealing has a lifetime limit of 2 petitions (general petition).

Expungement applies only to charges that did not result in a conviction — acquittals, nolle prosequi, and dismissals. An expunged record is physically destroyed after 3 years. There is no limit on the number of expungement petitions, and after July 1, 2026, there is no filing fee for expungement.

If your case was dismissed or you were found not guilty, you likely want expungement, not sealing. The eligibility check will point you in the right direction.

Does sealing restore my right to own or carry a firearm?

No. Sealing does not restore your civil rights or your right to purchase or possess a firearm. A sealed conviction may still be a barrier crime under federal law even if it is not under Virginia law. If firearm rights restoration is your goal, that requires a completely separate legal process.

Does sealing affect my federal criminal record?

No. Virginia's sealing law only applies to Virginia records — courts, law enforcement, the Central Criminal Records Exchange (CCRE), and the DMV. The federal government (FBI Criminal Justice Information Services) can still access and share your record. If you need to disclose a conviction to a federal agency or an out-of-state employer, sealing does not change that obligation.

Will a sealed record show up on a background check?

For most jobs and rentals, no. Most employers and landlords will not see it. However:

After your record is sealed, it's worth monitoring your consumer reporting profile to make sure private companies have updated their records.

What if I was found not guilty or my case was dismissed?

That is handled through expungement, not sealing. After July 1, 2026, there is no filing fee for an expungement petition. Many non-conviction charges also seal automatically under Virginia's new law — for example, if you have no criminal convictions on your Virginia record and no reportable charges within the past 3 years, a prior dismissal may have already sealed.

The eligibility check will tell you which process applies.

What about old traffic tickets?

Traffic infractions (not criminal charges) seal automatically after 11 years if the offense date was on or after January 1, 1986. You do not need to file a petition or hire an attorney for this. Our service focuses on criminal convictions and charges that require a petition.

What if I don't qualify?

We'll tell you the truth. Some offenses seal automatically — no lawyer needed. Some need more time to pass. Some don't qualify because of other convictions on your record. We'll explain exactly why and what your options are, at no charge.

Are there free resources if I can't afford an attorney?

Yes. Several free options exist:

How long does the process take?

It depends on your court and your case. After filing, the Virginia State Police typically takes 2–4 weeks to send your criminal history record to the court. The Commonwealth's Attorney then has 21 days to object. If there's no hearing, the process can wrap up in a few months. If a hearing is required, it takes longer. We give you a realistic estimate once we review your case.

What does the $1,500 flat fee not cover?

It does not cover:

If a hearing happens, you must attend — and that means the cost of an attorney appearing with you is required too, not optional, if you want your case to move forward. We give you that cost as soon as we know a hearing is needed. All fees are non-refundable once we file your petition with the court.

Can you stop the Commonwealth's Attorney from requesting a hearing?

No. The Commonwealth's Attorney can object to any petition. That decision is entirely theirs. If they object, the court will very likely hold a hearing. This is not something your attorney or you can prevent.

Can I file more than one sealing petition?

For general petition sealing (convictions and deferred dismissals), you can have up to 2 petitions granted in your lifetime. Automatic sealing petitions and expungement petitions do not count toward this limit. Because this lifetime cap is real, we'll help you think carefully about whether now is the right time to use one of your two.

Is my information confidential?

Yes. Everything you submit is sent securely. Only our office reviews it. Attorney-client confidentiality applies once we begin a representation.

Check Your Eligibility →