Virginia Expungement Laws 2026
Virginia expungement and record-sealing laws: eligibility, waiting periods, and how to clear a criminal record in Virginia.
Virginia allows certain criminal records to be cleared or sealed. The relief is called "Expungement", governed by Va. Code § 19.2-392.8.
Automatic record clearing in Virginia
Yes — Virginia clears or seals many eligible records automatically, without a separate petition. Virginia began automatic criminal record clearing on July 1, 2026 for many eligible records, and allows petition expungement too.
At a glance
| Detail | Virginia |
|---|---|
| Relief available | Expungement |
| Statute | Va. Code § 19.2-392.8 |
| Automatic clearing? | Yes — many eligible records clear automatically |
| Waiting period | Automatic as of 2026-07-01; petition otherwise |
| Eligible records | Many eligible records clear automatically; others by petition |
| Process | Automatic clearing for many; petition for others |
Who is eligible
Many eligible records clear automatically; others by petition.
How the process works
Automatic clearing for many; petition for others.
Source and last verified
Statute: Va. Code § 19.2-392.8. Last verified: 2026-08-04. Laws change — confirm the current rule with the Virginia records authority before acting.
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Frequently Asked Questions
What is record clearing called in Virginia?
In Virginia, the relief is called "Expungement", governed by Va. Code § 19.2-392.8.
How long do I wait before clearing a record in Virginia?
Automatic as of 2026-07-01; petition otherwise.
Who can clear a record in Virginia?
Many eligible records clear automatically; others by petition.
Does Virginia clear records automatically?
Yes — under Virginia law, many eligible records are sealed or cleared automatically without a petition. Virginia began automatic criminal record clearing on July 1, 2026 for many eligible records, and allows petition expungement too.