Expungement / Record Sealing Petition and Eligibility Memo — Virginia

Virginia Expungement and Record-Sealing Eligibility Memo

Current-law warning

As of July 26, 2026, two distinct systems operate in Virginia:

1. Expungement under Va. Code § 19.2-392.2. The current version remains
   effective until December 1, 2026 and principally covers acquittals, nolle
   prosequi, other qualifying dismissals, identity misuse, qualifying pardons,
   and convictions vacated by specified writs.

2. Sealing under Chapter 23.2. This chapter became effective July 1, 2026.
   It provides several automatic-sealing routes and two petition-based routes.
   Sealing restricts public access; it is not the same as expungement or physical
   destruction of every record.

Do not combine these systems in one generic petition. Select the statute and
the current court form that match the disposition.

Quick pathway map

Part A — Eligibility memorandum

TO: [CLIENT NAME]

FROM: [ATTORNEY NAME / FIRM]

DATE: [__/__/____]

RE: Virginia record relief for [CLIENT NAME]

1. Matter inventory

Other Virginia, out-of-state, federal, or territorial arrests or
convictions: [___________________________________________________________]

Related ancillary matters (probation/parole/suspended-sentence violation,
contempt, failure to appear, or bail/bond/recognizance appeal):
[____________________________________________________________]

2. § 19.2-392.2 expungement screen

☐ Acquittal.

☐ Nolle prosequi.

☐ Other dismissal, including accord and satisfaction.

☐ Dismissal under § 19.2-298.02 with all parties' agreement that the matter
may be treated as otherwise dismissed for expungement.

☐ Identity was used without consent by another arrested or charged person.

If subsection A applies, use current Form CC-1473. File in the circuit court
where the case was disposed of; request CCRE transmission of the Virginia
criminal-history record; and serve the attorney for the Commonwealth, who has
21 days to respond. There is no filing fee or court cost for a petition under
subsection A or B.

3. Automatic-sealing screen

A. Former marijuana possession — § 19.2-392.6:1

Any criminal or civil offense finally disposed of as a charge or conviction
under former § 18.2-250.1 is sealed without entry of a court order. This route
does not use the January 1, 1986 offense-date floor.

B. Listed convictions — §§ 19.2-392.6 and 19.2-392.7

The current list is limited to:

• misdemeanor petit larceny, § 18.2-96;
• misdemeanor concealment, § 18.2-103;
• trespass offenses under §§ 18.2-119, 18.2-120, and 18.2-134;
• misdemeanor violation of § 18.2-248.1; and
• disorderly conduct under § 18.2-415.

The offense date must be on or after January 1, 1986. Seven years must have
passed since conviction without another reportable conviction, excluding
Title 46.2 traffic infractions. Automatic sealing is unavailable if, on the
same date, the person was convicted of another offense not eligible under
§ 19.2-392.6(A).

C. Acquittal or dismissal with prejudice — § 19.2-392.8

A court disposing of a misdemeanor acquittal or dismissal with prejudice
orders automatic sealing unless the person objects. For a felony acquittal or
dismissal with prejudice, the person may make an immediate oral request; the
court orders sealing only with the attorney for the Commonwealth's
concurrence. A person may still pursue § 19.2-392.2 expungement.

D. Annual misdemeanor-nonconviction process — § 19.2-392.11

This process covers finalized misdemeanor acquittals, nolles prosequi, and
dismissals with offense dates on or after January 1, 1986, excluding a charge
deferred and dismissed after a finding of facts sufficient for guilt. The
person's CCRE history must contain no reportable conviction and no reportable
arrest or charge during the prior three years, excluding Title 46.2 traffic
infractions.

4. Petition under § 19.2-392.12

This route potentially covers a conviction or deferred-and-dismissed charge
for:

• a misdemeanor;
• a Class 5 or Class 6 felony; or
• grand larceny under § 18.2-95, or another felony for which the defendant is
  deemed guilty of larceny and punished under § 18.2-95.

The offense date must be on or after January 1, 1986. Before filing, verify
every exclusion in § 19.2-392.12(L); the exclusion list is extensive and
cannot be reduced safely to an offense-class label.

The court may order sealing only if all statutory criteria are met, including:

☐ No Class 1 or 2 felony or other life-punishable felony conviction.

☐ No Class 3 or 4 felony conviction during the past 20 years.

☐ No other felony conviction during the past 10 years.

☐ No reportable conviction during the applicable clean period: seven years
for a misdemeanor or ten years for a felony, measured from the latest event
specified in § 19.2-392.12(F)(2).

☐ Rehabilitation shown if the records indicate alcohol or drug use or
dependence in the occurrence.

☐ Restitution for the charge, conviction, or ancillary matter paid in full.

☐ Fewer than two prior grants for deferrals or convictions arising from
different sentencing events under § 19.2-392.12.

☐ Continued existence and possible dissemination of the record causes or may
cause circumstances constituting a manifest injustice.

A petition may group eligible charges, convictions, and ancillary matters only
when the charges and convictions arose from the same transaction or
occurrence. A person may have only two petitions granted under this section
during a lifetime. Filing is in the circuit court where the case was disposed
of, no court fee or cost is charged, the Commonwealth has 30 days after
delivery or receipt by mail to respond, and the petitioner must request CCRE
transmission of Virginia and national criminal histories.

5. Petition under § 19.2-392.12:1

Subsection A covers convictions or deferred-and-dismissed charges, with an
offense date on or after January 1, 1986, for:

• § 4.1-305;
• misdemeanor §§ 18.2-96 or 18.2-103;
• §§ 18.2-119, 18.2-120, or 18.2-134;
• misdemeanor § 18.2-248.1;
• § 18.2-265.3(A); or
• § 18.2-415.

For a subsection A petition, seven years must have passed since conviction or
deferred dismissal without another reportable conviction, excluding Title
46.2 traffic infractions.

Subsection B separately permits a petition to seal a specifically identified
ancillary matter related to a charge or conviction already sealed under
§ 19.2-392.6:1, § 19.2-392.7, or § 19.2-392.11. Grants under § 19.2-392.12:1
are not numerically limited and do not count toward the § 19.2-392.12
two-petition maximum. There is no filing fee or court cost, and the
Commonwealth has 30 days to respond.

6. Recommended route

☐ File current CC-1473 under § 19.2-392.2.

☐ No petition: monitor sealing under § 19.2-392.6:1.

☐ No petition: monitor the §§ 19.2-392.6 and 19.2-392.7 process.

☐ Request sealing at disposition under § 19.2-392.8.

☐ No petition: monitor annual review under § 19.2-392.11.

☐ File CC-1201 under § 19.2-392.12.

☐ File CC-1203 under § 19.2-392.12:1(A), (B), or both.

☐ No current relief identified because: [_______________________________].

Part B — Petition-form preparation worksheet

1. Select the current form set

§ 19.2-392.12

• CC-1201 — Petition for Sealing Pursuant to Va. Code § 19.2-392.12.
• CC-1201(A) — Addendum to Petition.
• CC-1202 and CC-1202(A) — corresponding order and order addendum.

§ 19.2-392.12:1

• CC-1203 — Petition for Sealing Pursuant to § 19.2-392.12:1(A) and/or (B).
• CC-1203(A) — subsection A addendum.
• CC-1203(B) — subsection B addendum.
• CC-1204 / CC-1204(A) — subsection A order and addendum.
• CC-1205 / CC-1205(A) — subsection B order and addendum.

The July 2026 official circuit-court forms list identifies these forms as
revised 07/26. Download fresh copies from the Virginia Court System and do not
alter preset form language.

2. Filing data

• Circuit court where case was disposed of: [____________________________]
• Petitioner name at arrest or summons: [_______________________________]
• Current name: [_______________________________________________________]
• Date of birth: [__/__/____]
• Sex: [____]
• Race: [____]
• Social Security number, if available: [_______________________________]
• Arrest date: [__/__/____]
• Arresting agency: [___________________________________________________]
• Charge or conviction: [_______________________________________________]
• Final disposition date: [__/__/____]
• Court case number: [__________________________________________________]
• Ancillary matter and case number: [___________________________________]
• Charging document attached: ☐ Yes ☐ Not reasonably available
• Reason unavailable: [________________________________________________]

3. § 19.2-392.12 supporting facts

Clean-period calculation and latest triggering event:

[____________________________________________________________]

Manifest injustice from continued existence or dissemination:

[____________________________________________________________]

[____________________________________________________________]

Rehabilitation facts, if substance use or dependence was involved:

[____________________________________________________________]

Restitution proof:

[____________________________________________________________]

4. Service and CCRE request

☐ Deliver or mail a copy by first-class mail, postage prepaid, to the attorney
for the Commonwealth for the filing city or county.

☐ Retain delivery or mailing proof and calendar the 30-day response period.

☐ Request that CCRE electronically forward the petitioner's Virginia and
national criminal-history record to the circuit court.

5. Effect-of-relief counseling

Explain in writing that:

• sealing generally prohibits public access but preserves statutory access
  and dissemination for the purposes listed in § 19.2-392.13;

• sealed records remain available for specified government, criminal-justice,
  employment, child-custody, jury, and other statutory purposes;

• sealing does not itself restore civil rights or firearm rights and does not
  erase unpaid fines, costs, forfeitures, penalties, or restitution;

• § 19.2-392.15 generally restricts covered employers, schools, agencies,
  housing providers, and insurers from requiring disclosure, subject to the
  statutory exceptions; and

• a business screening service that knows a record is sealed must promptly
  delete it under § 19.2-392.16.

Filing checklist

☐ Re-check the exact statute and all subsection (L) exclusions on filing day.

☐ Obtain complete Virginia and national criminal histories.

☐ Obtain charging documents and certified dispositions.

☐ Identify all charges from the same transaction and all ancillary matters.

☐ Verify restitution and clean-period dates.

☐ Use the current official form and correct addendum.

☐ File in the circuit court where the case was disposed of.

☐ Serve the attorney for the Commonwealth.

☐ Make the CCRE electronic-transmission request.

☐ Calendar the 30-day response period and any hearing.

☐ Retain the sealing order securely and advise the client about exceptions.

Sources and References

• Va. Code § 19.2-392.2
• Va. Code Chapter 23.2
• Va. Code § 19.2-392.6
• Va. Code § 19.2-392.6:1
• Va. Code § 19.2-392.8
• Va. Code § 19.2-392.11
• Va. Code § 19.2-392.12
• Va. Code § 19.2-392.12:1
• Virginia sample criminal-sealing forms
• Virginia Circuit Court Forms Listing (revised 07/2026)