Virginia Expungement & Record Sealing Lawyer
Clear Your Record. Move Forward.
An arrest or criminal charge can continue to impact your life long after the case is over. Arrest records may appear in background checks, online court searches, and other records reviewed by employers, landlords, professional licensing and security clearance reviews, scholarship & benefit applications, and more.
Virginia law provides several ways that eligible individuals may be able to clear or restrict access to criminal records through expungement or record sealing.
Harber Legal helps clients in Loudoun County and throughout Northern Virginia determine whether their records qualify and navigate the process of seeking expungement or sealing.
What Is Expungement in Virginia?
Expungement is a legal process used to remove qualifying police and court records relating to an arrest or criminal charge from the public record.
Under Virginia Code § 19.2-392.2, certain charges that do not result in a conviction may qualify for expungement. Depending on the circumstances, this can include cases in which a person was:
acquitted or found not guilty;
charged and the prosecution entered a nolle prosequi;
charged and the case was otherwise dismissed; or
arrested or charged because another person improperly used the individual's name or identifying information.
Eligibility depends on the specific disposition of the case and, in some circumstances, what occurred before the charge was dismissed. At this time, a conviction cannot be expunged in Virginia.
Virginia's expungement laws are technical, and a dismissal does not necessarily mean that a record is automatically eligible for expungement.
Virginia's New Record Sealing Laws
New Virginia laws took effect in 2026 and have added the option of sealing certain criminal records.
Record sealing is different from expungement. Instead of eliminating every record of the proceeding, sealing generally restricts the circumstances in which qualifying criminal history and court records may be disclosed.
Depending on the offense and disposition, Virginia law now provides for several forms of record sealing, including:
automatic sealing of certain dismissed misdemeanor charges;
sealing of certain felony charges following an acquittal or dismissal with prejudice;
automatic sealing of certain eligible misdemeanor convictions after the statutory waiting period; and
petition-based sealing of certain misdemeanor convictions, Class 5 and Class 6 felony convictions, certain larceny offenses, and qualifying deferred-and-dismissed charges.
Whether a particular record qualifies depends on several factors, including the offense, disposition, date of the offense, criminal history, applicable waiting periods, and other statutory requirements. Some offenses are specifically excluded from petition-based sealing.
Virginia law does allow certain government agencies and other authorized entities to access sealed information in specified circumstances, so sealing should not be understood to mean that a record ceases to exist for every possible purpose.
Harber Legal can review your complete record and determine which, if any, method of record clearing may be available.
Do I Qualify for Expungement or Record Sealing in Virginia?
The answer depends on your individual record.
Important questions include:
What were you originally charged with?
Was the charge dismissed, reduced, or resolved by a plea?
Were you acquitted?
Was a nolle prosequi entered?
Was the case dismissed after a deferred disposition?
Were facts sufficient for a finding of guilt established?
Were you convicted?
What type of misdemeanor or felony was involved?
How long ago did the case occur?
Do you have other convictions or charges?
Even small differences in how a case was resolved can affect eligibility.
How Harber Legal Can Help
Harber Legal can help you have your matter expunged or sealed by:
reviewing your Virginia criminal history and court records;
determining what charges or convictions may qualify;
identifying whether expungement or sealing is appropriate;
preparing and filing the required petition & documents;
addressing objections from the Commonwealth if necessary; and
representing you in court during the expungement or sealing hearing.
Our goal is straightforward: help you understand your options and take the appropriate legal steps toward putting your past behind you.
Contact Harber Legal today to have your record reviewed and find out whether you may qualify for expungement or record sealing in Virginia.
This page provides general information about Virginia law and is not legal advice. Eligibility for expungement or record sealing depends on the facts and procedural history of each case.
