Sidebar articles are submitted by members of the Virginia State Bar. If you are a VSB member, and would like to submit an article for review, see Sidebar.
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March 26, 2026
Record Sealing: A New Opportunity
By Lauren Young, Virginia Indigent Defense Commission
On July 1, 2026, Virginia’s new record sealing law will open an entirely new practice area for attorneys across the Commonwealth. Attorneys looking to expand their practice, try something new, add a meaningful pro-bono component, or develop a high-impact niche could all benefit greatly from learning how to assess eligibility and file petitions for record sealing. Criminal records, even ones that are decades old, often prevent people from finding gainful employment, securing housing, and obtaining credit. Because of this, most people in need of sealing are likely to be low-income individuals, so pro bono and low bono services are particularly needed, especially since there is no right to counsel for sealing despite the Commonwealth attorney's involvement on the opposing side. This work offers an opportunity to provide tangible, life-changing results for clients while gaining expertise in a novel, rapidly growing area of law.
The need for competent representation will be enormous—Virginia State Police have estimated1 that over 730,000 individuals across the Commonwealth will be eligible for petition-based sealing on day one of implementation, with more meeting the eligibility criteria every day. This creates a substantial need for attorneys—both immediately and for the foreseeable future—who are willing to help people determine eligibility, file their petitions, and navigate the court process.
Some convictions in the following categories will be eligible for sealing, provided the person meets all other criteria: Misdemeanors, Class 5 felonies, Class 6 felonies, Grand Larceny, and offenses punishable as Grand Larceny. A few offenses will seal automatically, but others will have to go through one of two petition processes.
Automatic sealing (Virginia Code § 19.2-392.62)
A few misdemeanor convictions will seal automatically, meaning there is no need for intervention on behalf of the person whose record it is. The Virginia State Police will be responsible for compiling lists of these eligible offenses and notifying the courts. Judges will then order all arrest, charge, and conviction information sealed. Offenses eligible for automatic sealing include petit larceny, shoplifting/concealment, disorderly conduct, some trespassing offenses (instigating, on posted property, and after forbidden), and misdemeanor distribution of marijuana3. The state police will be checking to make sure it is at least seven years since the conviction date and that the person has not been convicted of any crimes reportable to the Central Criminal Records Exchange (CCRE) in those seven years. They will also be checking to determine that the person was not convicted of any offense not eligible for automatic sealing on that same date.
Automatic Petition-based sealing (Virginia Code § 19.2-392.12:1)
While the state police will automatically seal convictions for the above-named offenses, deferred dismissals for those same charges, as well as convictions and deferred dismissals for underage alcohol purchase/possession under Virginia Code 4.1-305 and sale of drug paraphernalia under Virginia Code 18.2-265.3, will need to go through a streamlined petition process. This is also the case for eligible offenses for which the state police are unable to determine the status and matters ancillary to offenses that are automatically sealed.
Ancillary matters include contempt of court, failure to appear, bail appeals, and probation/sentence violations that are related to the matter to be sealed. The court shall grant these petitions as long as seven years have passed since the conviction or dismissal after deferral and the person has not been convicted of any crimes reportable to the CCRE in that time. Again, the person must also not be convicted of any offense not eligible for sealing under this section on that same date.
Petition-based sealing (Virginia Code § 19.2-392.12)
Petition-based sealing comes with more caveats and requirements, and requires a hearing unless the Commonwealth attorney concedes in writing that the requirements are met. This is the area where people hoping to move on from their past and have a productive future will need the most assistance. Much of the work requires reviewing criminal histories, determining eligibility under the statutes, and preparing form petitions. With training and the available resources, attorneys from a wide variety of practice areas can quickly become comfortable handling these matters.
One of the main screening criteria is making sure that enough time has passed for the charge to be eligible. Before a misdemeanor becomes eligible for petition-based sealing, seven years must have passed from the date of conviction, dismissal after deferral, or release from incarceration, whichever is latest. For felonies, that waiting period is 10 years. During these waiting periods, the person must not be convicted of any crimes reportable to the CCRE. The petitioner must request that the state police send a copy of their record to the court to supplement the petition and allow the court to determine eligibility. All petitions will be filed in the civil division of the circuit court; however, the Commonwealth attorney must receive a copy and will have 30 days to note an objection, which would prompt the need for a hearing. Alternatively, the Commonwealth may also concede in writing that the petitioner is eligible and that the charge causes or may cause a manifest injustice to the petitioner, which would waive the need for a hearing.
If the Commonwealth does object, then a hearing must be scheduled. At this hearing, petitioners will have to show that the existence and possible dissemination of the offense they seek to seal causes or may cause a “manifest injustice” to them—this is where an attorney will be particularly helpful. For now, “manifest injustice” in the expungement/sealing context generally means difficulty in finding housing, securing employment, or attending higher education. However, the term is only defined in case law, which is difficult for non-attorneys to access and understand. It is also constantly changing, especially in a new field such as record sealing. For those interested in making a name in the sealing space, there will no doubt be ample opportunity for cases of first impression regarding both eligibility and manifest injustice.
This is where effective advocacy can make the greatest difference. Attorneys can help present evidence of real-world barriers created by criminal records and the difference sealing will make in an individual’s life. The harm does not have to occur, but it does need to be more than a subjective belief. Additionally, this standard is forward-looking, not backwards-looking, meaning that the facts of the case should not be considered, only the impact on the petitioner going forward. If the offense involved drugs or alcohol, the petitioner would also have to show they are rehabilitated. Finally, all restitution owed in the case must be paid in full.
For many clients, a successful sealing petition can mean the difference between continued barriers and the ability to fully participate in the workforce and community. If you are interested in sealing work, the Virginia Indigent Defense Commission has free resources on its website4 and is working with the Virginia Lawyers Referral Service (VLRS) to conduct training for interested attorneys. Interested attorneys can also register with VLRS to get referrals for this work.
Lauren Young graduated from James Madison University with her B.S. in mathematics and attended the University of Richmond School of Law. Upon passing the bar, Lauren worked at the Martinsville Public Defender's office for about 6 years. She then moved to Richmond and began working at the Legal Aid Justice Center, where she led expungement clinics, helped community members who had been impacted by the legal system to clear their fines and fees and other collateral consequences, and focused on community lawyering. Recently, she returned to the VIDC as the Expungement and Record Sealing Training and Resource Attorney, where she has been providing training and case consultations for Public Defenders and Court Appointed Counsel.
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