Virginia Misdemeanor Expungement & Sealing Attorneys

Misdemeanor convictions eligible for sealing

Class 1 and Class 2 misdemeanor convictions are generally eligible for petition-based sealing after a 7-year waiting period from the date the person was released from all incarceration and supervision, with no intervening convictions. Class 4 misdemeanors have a shorter waiting period.

A small list of misdemeanors remain permanently ineligible, including: domestic assault (§ 18.2-57.2), stalking (§ 18.2-60.3), violations of protective orders, DUI/DWI (§ 18.2-266), sex offenses, and crimes against children. Charges involving bodily injury or a weapon are also typically excluded.

What sealing accomplishes in Virginia

A sealed conviction is no longer part of the person's public criminal record. Employers running standard background checks through VCIN public-access channels and most third-party reporting agencies will not see it. The petitioner may generally deny the existence of the sealed conviction on most job applications, housing applications, and licensing questions.

Law enforcement, prosecutors, courts, and certain regulators (healthcare, education, childcare, financial services) retain access to sealed records. Immigration consequences are not resolved by state sealing — immigration law is federal.

Expungement of non-convictions (dismissals, acquittals)

Cases that did not result in a conviction — charges dismissed, nolle prosequi, acquittal, deferred disposition successfully completed — are eligible for expungement under Va. Code § 19.2-392.2. For non-convictions, the waiting period is different, and the process moves more quickly than petition-based sealing of a conviction.

How to petition for sealing a Virginia misdemeanor conviction

1. Request Virginia criminal-history record. Obtain a Virginia State Police personal criminal-history request to confirm how the record currently appears and what the exact charge and disposition are.
2. Confirm the offense is sealable. Review the charge against the ineligible list (DUI, domestic assault, stalking, protective order violations, sex offenses). If ineligible, the petition will fail.
3. Verify 7-year waiting period. Confirm the date all incarceration and supervision ended. The 7-year window starts from that date, not from the date of conviction or arrest.
4. Run complete criminal history check. Your attorney checks VCIN and national records to confirm no intervening convictions in Virginia or other states since the misdemeanor was committed.
5. Prepare and file petition in circuit court. File the petition for sealing in the circuit court of the city or county where the conviction occurred. Filing fees apply.
6. Serve the Commonwealth's Attorney and Virginia State Police. Provide notice to both offices. The Commonwealth's Attorney can object if the charge is ineligible or if the petitioner has not met the waiting period.
7. Attend the hearing. Virginia courts generally require a hearing for petition-based sealing. Your attorney presents the eligibility documents and addresses any objection.
8. Confirm record updates. After sealing is ordered, verify that VCIN and third-party background-check companies have updated their databases.

Statutes cited

• Code of Virginia § 19.2-392.6 (Petition-based sealing of misdemeanor and other convictions) — Va. Code § 19.2-392.6
• Code of Virginia § 19.2-392.2 (Expungement of non-conviction records) — Va. Code § 19.2-392.2

Frequently asked questions

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