Virginia's Old Law vs. the New Reality
For decades, Virginia's expungement law under Va. Code § 19.2-392.2 was among the most restrictive in the country. It allowed expungement only for arrests where: charges were not filed, charges were dismissed, or the individual was found not guilty. Anyone who pleaded guilty - even to a minor misdemeanor - had no pathway to expunge the conviction, regardless of how much time had passed or how thoroughly they had rehabilitated. For more information, visit the Virginia Courts.
The Virginia General Assembly passed HB 2113 in 2021, creating an entirely new framework for record relief. The law has a phased implementation, with the conviction-based expungement and automatic sealing provisions taking full effect July 1, 2025. As of 2026, Virginia is in the active implementation phase of these historic reforms.
The new law creates three mechanisms for record relief: (1) petition-based expungement for arrests without conviction (unchanged from before), (2) petition-based expungement for eligible convictions, and (3) automatic sealing for certain categories. Each has different eligibility criteria and timelines. Learn more about expungement vs. record sealing on our blog.
Arrests Without Conviction: The Unchanged Category
Under the original § 19.2-392.2, Virginia allowed expungement of arrests that did not result in conviction. This remains available and is essentially unchanged by HB 2113. Eligible situations include: For more information, visit the Virginia Law.
Virginia's 2025 reforms are newly in effect. Whether your record is now eligible or you need to address online exposure, we can help you understand your options with a free consultation. Learn more about court record removal on our blog.
Get a Free Consultation- Arrest where no charges were filed
- All charges dismissed (including nolle prosequi)
- Acquittal at trial on all counts
- Charge reduced to a lesser offense not subject to conviction (e.g., through a deferred disposition program where the charge is ultimately dismissed)
For this category, there is no waiting period - you can petition the circuit court immediately after the final disposition. If the Commonwealth's Attorney agrees (or does not object), the court typically grants the petition as a matter of course. If the Commonwealth objects, the court holds a hearing and applies a "manifest injustice" standard - meaning the petitioner must show that retaining the arrest record causes a genuine injustice. Learn more about background check reports on our blog.
Conviction-Based Expungement: The New Landscape (Effective 2025)
HB 2113's most significant change is allowing expungement of convictions - something Virginia had never permitted before. The new conviction-based expungement provisions are codified in § 19.2-392.12 through § 19.2-392.14 and became effective July 1, 2025.
Waiting Periods by Offense Level
- Class 1 misdemeanor and below: 7 years from sentence completion
- Class 5 felony and Class 6 felony: 10 years from sentence completion
- Class 3 felony and Class 4 felony: 12 years from sentence completion
- Class 1 felony and Class 2 felony: not eligible (see ineligible offenses below)
Additional Requirements
Beyond the waiting period, petition-based conviction expungement requires:
- Complete sentence satisfaction - including probation, parole, fines, fees, and any restitution
- No subsequent convictions for non-traffic offenses during the waiting period
- The offense must not be on the categorically excluded list
Automatic Sealing: Virginia's New Clean Slate Mechanism
One of the most groundbreaking features of HB 2113 is automatic sealing - an administrative process by which the Virginia State Police (VSP) and courts identify and seal certain records without the individual needing to file a petition. Virginia's automatic sealing covers:
- Arrests without conviction where charges were dismissed or acquittal was entered - these can be automatically sealed after a defined period if not already petitioned
- Deferred disposition completions - cases where the charge was deferred and ultimately dismissed upon completion of conditions
- Certain misdemeanor convictions after the 7-year waiting period is met and no subsequent convictions exist
The automatic sealing process is being implemented in phases. VSP runs periodic batch processes to identify eligible records and initiate sealing without any action required from the individual. This is a significant access improvement - it reaches people who would never have known to petition the court on their own.
Ineligible Offenses Under Virginia's New Law
Despite the major expansion, many serious offenses remain ineligible for expungement or sealing in Virginia:
- Class 1 and Class 2 felonies (the most serious felony categories, including murder and aggravated sexual assault)
- Any offense defined as a "violent felony" under Va. Code § 17.1-805
- Sex offenses requiring registration on the Virginia Sex Offender and Crimes Against Minors Registry
- DUI convictions (first or subsequent) under § 18.2-266
- Offenses involving the abuse or exploitation of children
- Domestic assault convictions
- Any offense where the individual has a subsequent felony conviction during the waiting period
How Virginia Expungement Affects Online Records
When Virginia's circuit court enters an expungement or sealing order, the order is sent to the Virginia State Police, the arresting agency, the magistrate, and any other agency with records of the matter. VSP seals the criminal history record. The Virginia Courts Case Information System (VCIS) - accessible at courts.state.va.us - is updated by the circuit court clerk.
Virginia's court portal is widely used by employers, landlords, and background check companies. However, data aggregators frequently copy VCIS data and store it in their own databases. An expungement order does not automatically trigger removal from those private databases.
This creates the familiar gap: the official state systems are updated, but dozens of data broker websites - including Spokeo, BeenVerified, Whitepages, and many others - continue to display the old record because they never received notice of the expungement. Addressing this requires direct opt-out requests to each platform, along with documentation of the expungement order.
Va. Code § 19.2-392.2 (as amended by HB 2113, effective July 1, 2025) for the first time allows expungement of Virginia convictions. Waiting periods: 7 years for misdemeanors, 10 years for Class 5–6 felonies, 12 years for Class 3–4 felonies. Official court resources are at vacourts.gov. Statutory text is at law.lis.virginia.gov.
Virginia's automatic sealing component is rolling out in phases for eligible categories including arrests without conviction and certain misdemeanor convictions. Check with the Virginia State Police for current implementation status.
Authoritative Resources
Related Guides
Virginia Court Records: What Shows Where
| Record Type / Platform | Legal Relief Available? | Online Removal Possible? |
|---|---|---|
| Arrest without conviction / dismissed charge | Yes - § 19.2-392.2 (no wait) | Yes - after expungement order |
| Misdemeanor conviction (Class 1 or below) | Yes - HB 2113 (7yr wait, eff. 2025) | Yes - after expungement order |
| Class 5 / Class 6 felony conviction | Yes - HB 2113 (10yr wait, eff. 2025) | Yes - after expungement order |
| Class 3 / Class 4 felony conviction | Yes - HB 2113 (12yr wait, eff. 2025) | Yes - after expungement order |
| Class 1 / Class 2 felony | No - categorically excluded | Partial - data broker removal possible |
| Violent felony (§ 17.1-805) | No - categorically excluded | Partial - data broker removal and suppression |
| DUI conviction | No - categorically excluded | Partial - data broker removal possible |
| Sex offense (registry required) | No - categorically excluded | Partial - limited data broker removal |
| Virginia VCIS court portal listing | Yes - sealed after expungement | Yes - for sealed/expunged records |
| Data broker / background check sites | No legal remedy | Yes - opt-out and removal requests |
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Frequently Asked Questions
HB 2113 fundamentally transformed Virginia expungement. Before the law, Virginia only allowed expungement of arrests that did not result in conviction. The new law, effective July 1, 2025, for the first time allows expungement of certain misdemeanor and felony convictions after defined waiting periods. It also created an automatic sealing process for some categories.
Under the 2025 provisions, misdemeanor convictions generally require a 7-year waiting period from sentence completion. Class 5 and Class 6 felony convictions require a 10-year waiting period. Class 3 and Class 4 felonies require 12 years. Dismissed charges and acquittals can be expunged immediately with no waiting period.
Yes - one of the most significant features of HB 2113 is the automatic sealing component. Virginia created automatic sealing for certain categories: arrests without conviction, deferred disposition completions, and some misdemeanor convictions after the waiting period. The Virginia State Police and courts implement the automatic process in phases.
Even under the expanded law, certain records cannot be expunged: Class 1 and Class 2 felonies, any violent felony as defined under § 17.1-805, sex offenses requiring registration, DUI convictions, crimes against children, and domestic violence convictions. Individuals with subsequent felony convictions during the waiting period are also ineligible.
After an expungement order is entered, the circuit court clerk notifies the Virginia State Police and other relevant agencies. VSP updates the criminal history record. The Virginia Courts Case Information System (courts.state.va.us) is updated to reflect the expungement, but timing varies. Data brokers that previously copied VCIS data will still show the record until separately contacted for removal.
From petition filing to a signed order, Virginia expungements typically take 4–8 months. The circuit court filing fee is approximately $86. You must also serve the Commonwealth's Attorney, who has 21 days to object. If there is no objection, many courts grant the petition without a hearing. If the Commonwealth objects, a hearing is scheduled. Attorney fees vary widely - $750 to $2,500+ for straightforward petitions, more for contested cases. Data broker removal is a separate, ongoing effort that starts after the expungement order is entered.
After a Virginia expungement, you may lawfully answer "no" to questions about convictions on most employment applications. The Virginia State Police criminal history database is updated, and VCIS reflects the sealed status. However, employers using third-party background check services that previously copied your VCIS record may still surface it. Under the FCRA, these companies are required to maintain accurate records - an expunged conviction that continues to appear is a disputable inaccuracy. Providing your expungement order to each background check company and following up is essential to ensure full employment screening removal.
Potentially, for certain categories. Virginia's automatic sealing component under HB 2113 applies to arrests without conviction, certain deferred disposition completions, and some misdemeanor convictions after the waiting period has passed. For these categories, the Virginia State Police and circuit court clerks are responsible for processing automatic sealing without an individual petition. However, the rollout is phased, and many individuals may need to verify whether their record has been automatically sealed or file a petition if the automatic process has not yet occurred. For conviction-based expungement, a petition is always required.