Virginia Marijuana Sealing Attorneys
Last updated: May 2026
Virginia legalized adult possession of small amounts of marijuana in 2021 and enacted broad sealing reforms in the same legislative package. Many misdemeanor marijuana possession charges and convictions are subject to automatic sealing under VA Code 19.2-392.6 (subject to ongoing implementation timelines). Where automatic sealing is not yet effective or does not apply, petition-based relief and pardon options remain available.
Automatic sealing of marijuana misdemeanors
The 2021 omnibus reform directed the Virginia State Police and courts to seal misdemeanor marijuana possession records automatically once the implementation system goes live. Effective dates have been adjusted by subsequent legislation. An attorney or the Virginia State Police can confirm whether automatic sealing has occurred for a particular record.
Petition-based options
Where automatic sealing has not yet been completed, or where the conviction falls outside the automatic category, the petitioner may use other available remedies — petition expungement under 19.2-392.2 (for non-convictions), the new petition-based sealing statute as it comes into effect, or in some cases an application for a simple pardon followed by expungement.
Cost and timing
Automatic sealing carries no cost to the individual. Petition-based remedies involve filing fees, State Police fees, and fingerprint processing — commonly $130 to $200 in court-related costs. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
Frequently asked questions
Is my marijuana misdemeanor already sealed?
Possibly. Implementation has been phased. The Virginia State Police can confirm via a personal criminal-history request. An attorney can also advise on next steps if it has not been sealed.
Does sealing apply to felony marijuana convictions?
Felony marijuana convictions are treated differently from misdemeanors and generally are not covered by the automatic-sealing provision. Petition-based relief or a pardon may still be options.
What about a marijuana distribution charge?
Distribution charges are not within the automatic-sealing category. An attorney can evaluate petition expungement (if the case ended in a non-conviction) or pardon-based relief.
Does sealing restore firearm rights?
Sealing does not automatically restore firearm rights stripped by a felony conviction. Restoration of rights in Virginia is a separate executive process administered by the Governor's office.
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