Virginia 2026 sealing law: SB 1466 / HB 2723.

Implementation timeline

• July 1, 2026: the new sealing regime takes effect statutorily.
• October 1, 2026: Virginia State Police begins running record transmittal for automatic sealing.
• Before July 1, 2026: petitions filed under the new statute are rejected. The pre-2026 expungement statute (§ 19.2-392.2) remains the only operative path, and it covers only acquittals and dismissals — not convictions.

Two regimes under the 2026 framework

Automatic sealing

For records that meet the eligibility criteria, Virginia State Police identifies eligible cases on a monthly basis and the circuit court of conviction enters a sealing order. The process is administrative — the qualifying person does not file anything.

Eligibility under the automatic track requires a conviction-free window depending on the offense class. Convictions for Class 5 and Class 6 felonies (specifically enumerated) and most misdemeanors qualify after 7 to 10 years. Sex offenses and convictions requiring registration are excluded categorically.

Petition sealing

For records that don't qualify automatically, Virginia allows a petition pathway. Petition-based sealing of felonies is limited to many Class 5 and Class 6 felonies after 10 conviction-free years. Higher-class felonies are categorically excluded.

Petitions are filed in the Circuit Court of the city or county where the conviction was entered. The court evaluates whether sealing serves the public interest under a multi-factor test substantially similar to the federal sealing analysis.

DUI and domestic assault — narrow path

DUI and domestic assault convictions are excluded from the automatic sealing path. Both remain available only via petition, and only after a 7-year conviction-free window. The judge has discretion to deny based on the underlying facts of the case even when the wait period is satisfied.

See the excluded categories pillar for the cross-state context on DUI carve-outs.

If you have an old conviction in Virginia today

Three paths, depending on what you're trying to clear:

• If your case ended in dismissal or acquittal: the existing § 19.2-392.2 expungement is available now. Don't wait for July 2026.
• If you have an eligible conviction (most misdemeanors, certain Class 5/6 felonies):you're waiting for the automatic process to start October 2026. No filing needed; the seal will appear when VSP processes its first batch under the new framework.
• If you have an eligible conviction but want it cleared sooner: the petition path is available after July 1, 2026. An attorney consultation in late spring 2026 would let you have the petition ready to file on day one.

What stays excluded permanently

• Sex offenses and any offense requiring sex-offender registration.
• Class 1, Class 2, Class 3, and Class 4 felonies.
• Crimes against minors.
• Convictions resulting in serious bodily injury where the prosecution opposes sealing on victim-impact grounds.

These categorical exclusions track other states' treatment of YMYL public-safety offenses. The narrow carve-outs that sometimes apply elsewhere (set-aside, pardons) work on a different track in Virginia and don't use the sealing framework at all.

Common gotchas

• Filing under the new statute before July 1, 2026 gets the petition rejected.The new framework is not retroactive in the “file now under future law” sense. File under the existing § 19.2-392.2 if you qualify for that today; otherwise wait.
• Class 5 / Class 6 felony eligibility is a list, not a category. The amended statute enumerates which specific Class 5 and 6 offenses qualify. An offense in Class 5 or 6 is not automatically eligible — check the list.
• Restitution unpaid blocks the eligibility clock. As in most states, the clock starts at the latest of release, end of supervision, or final restitution payment. See the restitution-pending pillar.

Sources

• Va. Code § 19.2-392.7 (law.lis.virginia.gov) ↗
• Virginia State Bar — “Your fate is sealed” (virginialawyer.vsb.org) ↗
• Title 19.2 Chapter 23.2 (full chapter, law.lis.virginia.gov) ↗