If you are searching for a way to clear a Virginia criminal record in 2026, the operative statute is Code of Virginia 19.2-392.2 for traditional expungement of non-conviction records, with the broader sealing framework at Code of Virginia 19.2-392.6 through 19.2-392.16. The 2021 reform left Virginia with both an automatic-sealing track and a petition-based track, but the implementation timeline is staggered. Knowing which track applies to a given record matters more than the marketing label.
This post walks through what the Virginia statute actually provides, the rollout posture as of 2026, and the practical issues petitioners report most often.
The two paths in Virginia: expungement and sealing
Virginia uses two distinct legal terms. They are not interchangeable.
Expungement under Va. Code 19.2-392.2 has historically been the only general statutory pathway. It applies to non-conviction records. The statute lists the dispositions that qualify, including acquittals, nolle prosequi entries, and dismissals. A traditional Virginia expungement does not apply to convictions; that is a critical structural feature of the older statute.
Sealing under Va. Code 19.2-392.6 through 19.2-392.16 was added by the 2021 reform. It is the broader framework that brought Virginia closer to the multi-state clean-slate movement and introduced both an automatic sealing track for certain qualifying offenses and a petition-based sealing track for others. The Virginia State Police carries the operational rollout of the automatic track, with court-driven processing for the petition track.
What the automatic sealing track covers
The 2021 sealing framework directs the Virginia State Police to automatically seal certain qualifying records based on offense type, disposition, and waiting period. The framework targets categories such as specified misdemeanor convictions and certain deferred-disposition outcomes that meet the criteria the statute sets at Va. Code 19.2-392.7 through 19.2-392.10.
The automatic track is not universal across all offenses. The statute identifies specific qualifying offenses and disqualifying conditions. Whether a given record qualifies for automatic sealing depends on the offense code, the disposition, and whether the petitioner has any subsequent disqualifying activity within the waiting period.
The rolling implementation also matters. The Commonwealth has phased the rollout, and operational readiness at the Virginia State Police has run on its own timeline. Petitioners should not assume the automatic track has cleared a record without verifying with the Virginia State Police record-check process.
What the petition track covers
For records that do not qualify for the automatic track, Va. Code 19.2-392.12 establishes a petition-based sealing pathway. The petitioner files in the circuit court of the jurisdiction where the underlying matter was prosecuted. The statute sets eligibility criteria tied to offense classification, waiting periods, and disqualifying conditions.
The petition track is the lane through which most contested or complex sealing requests will move. The petition requires the petitioner to identify the records to be sealed with sufficient specificity that the court can act on them, and to provide the supporting documentation the statute requires.
How the older 19.2-392.2 expungement statute still operates
Va. Code 19.2-392.2 continues to apply to non-conviction records. This is the pathway that arrest-only records and dismissed charges typically move through. The 2021 sealing reform did not displace the older statute for the categories it covers.
The structural takeaway: Virginia in 2026 has three pathways sharing the same jurisdiction: traditional 19.2-392.2 expungement for non-conviction records, automatic sealing for qualifying conviction records under the 19.2-392.7 framework, and petition-based sealing under 19.2-392.12 for conviction records that do not qualify for the automatic track.
Common misreads we see Virginia petitioners make
The 2021 reform is widely discussed in non-legal media, and the gap between the reform's framing and the operational reality has produced some predictable misreads.
Misread one: assuming all convictions are now automatically sealed. The automatic track has eligibility criteria tied to offense code and disposition. Many convictions remain outside the automatic category and require the petition pathway.
Misread two: confusing sealing with full erasure. Virginia sealing restricts public access to the record but does not destroy the underlying data held by criminal-justice agencies. The effect is meaningful but not identical to a record that never existed.
Misread three: filing under the wrong statute. A petition that names the wrong code section can require refiling. The choice between 19.2-392.2 and 19.2-392.12 depends on whether the underlying disposition was a conviction or a non-conviction event.
Practical next steps if you are looking at a Virginia record
Three steps consistently move a Virginia record-clearing inquiry forward without overcommitting to a posture before the facts are in.
Step one: pull the official record. Virginia State Police processes name-based and fingerprint-based criminal history checks. The record check is the starting point for any sealing or expungement analysis because it shows what is in the system that an employer or licensing authority would see.
Step two: identify the disposition. The pathway turns on what happened, not what was charged. Dismissals, nolle prosequi entries, and acquittals route to Va. Code 19.2-392.2. Convictions route to the sealing framework under Va. Code 19.2-392.6 through 19.2-392.16.
Step three: confirm waiting periods and disqualifying conditions. The sealing statute attaches waiting periods to offense category and conditions about intervening criminal-justice activity. A petition that does not address these elements is typically not viable.
For the per-state landing page that maps these pathways to the broader Criminal Defense Center, see Virginia criminal defense.
The Virginia State Police role
The operational backbone of Virginia sealing is the Virginia State Police, which maintains the Central Criminal Records Exchange. The automatic track runs through their processing, and any record check moves through their request system. For the official record-check process, see the Virginia State Police criminal-history request page.
The Virginia courts publish per-court procedures for filing expungement and sealing petitions, and the circuit court of the originating jurisdiction is the proper venue.
How LawSensai supports Virginia record-clearing matters
LawSensai provides legal information, document organization, and attorney matching. It is not a law firm and it does not replace advice from a criminal defense attorney. For Virginia record-clearing matters, our role is to organize the underlying records, surface the applicable statutory pathway, and connect the matter with a Virginia criminal defense attorney when the matter requires counsel. Start an organized Virginia record-clearing review at /record-clearing.
This report is an organizational summary. It is not legal advice, an opinion on the merits, or a prediction of outcome.
Information shared with LawSensai before an attorney has accepted a Kovel agency designation is not protected by attorney-client privilege. Government investigators may be able to compel disclosure.
Authoritative Virginia sources
- Code of Virginia, Title 19.2, Chapter 23.2: law.lis.virginia.gov
- Virginia courts: vacourts.gov
- Virginia DMV: dmv.virginia.gov
Last verified: 2026-06-09.