Virginia Clean Slate eligibility.

Wait periods by offense category

Years required between completion of all sentence requirements and the earliest date relief is available.

Wait periods are counted from the latest of: release from custody, end of probation/parole, or final restitution payment. Statute citation applies. Confirm with a licensed attorney before relying.

Compute your earliest eligible date

Enter your sentence-completion date and offense category to compute the earliest petition date.

Verify your record was actually sealed

1. Pull a personal copy of your state record from Virginia's criminal history repository. Most states charge $15–$30 for an individual review request.
2. Check that the records meeting eligibility are flagged sealed. Automatic sealing is processed in batches. If your record meets the criteria but isn't sealed yet, the most likely reason is that the next batch hasn't run.
3. Run a public background check on yourself. Free options exist (state portal); paid options match what most employers see.
4. If the seal didn't happen and you believe it should have, an expungement attorney can file a motion to correct the record. We can match you with a Virginia expungement attorney →

Recent amendments

Major statutory changes affecting record relief in Virginia.

• 2021

  HB 2113 / SB 1339 (Sealing reform)

  Established the framework for automatic and petition-based sealing of convictions; original effective date deferred.

  Primary source: law.lis.virginia.gov ↗
• 2025

  SB 1466 / HB 2723

  Substantially amended the 2021 framework; new effective date July 1, 2026 with VSP transmittal beginning Oct 1, 2026.

  Primary source: virginialawyer.vsb.org ↗

Virginia-specific carve-outs

Categories the law treats differently in this state.

• DUI and domestic assault excluded from automatic

  DUI and domestic assault convictions are excluded from automatic sealing; available only via petition after 7 years.

  Source: virginialawyer.vsb.org ↗

• Class 5/6 felonies only

  Petition-based sealing of felonies is limited to many Class 5 and 6 felonies after 10 conviction-free years; higher-class felonies are categorically excluded.

  Source: virginialawyer.vsb.org ↗

Common mistakes to avoid

Reasons Virginia petitions get bounced or sealings fail to land.

• !The new sealing regime is delayed to July 1, 2026 — petitions filed before that date under the new statute will be rejected.
• !Existing pre-2026 expungement under §19.2-392.2 covers only acquittals/dismissals — convictions still cannot be expunged outside the new sealing framework.

Excluded categories

These categories are typically excluded from automatic sealing in Virginia based on our research. An attorney may still see options.

• Sex offenses

  Excluded from automatic and petition relief in nearly every state. A few narrow carve-outs exist for older non-registerable offenses.

  See state-by-state pages

• Violent felonies

  Generally excluded from automatic Clean Slate sealing; some states allow petition relief after long wait periods.

• DUI / DWI

  Treatment varies widely. Some states (e.g. Michigan, Virginia) carve out DUIs entirely; others treat them as standard misdemeanors.

• Pending cases or unpaid restitution

  Most states require all sentence requirements — including restitution to victims — to be fully discharged before the clock starts.

• Federal convictions

  Federal expungement is functionally non-existent. There is no statutory federal expungement remedy for most offenses.

Related reading

• When the eligibility clock starts

  What 'completion of sentence' really means and why batch sealing can lag the clock.

• What most states leave out

  Categories of offenses excluded from automatic sealing and petition relief.

• Unpaid restitution as a silent block

  How an open balance on the criminal docket blocks an otherwise eligible record.

• Sealing and professional licensing

  Why FBI-fingerprint background checks see records that consumer reports don't.