Virginia Clean Slate Law: What Convictions May Not Qualify for Sealing?
Attorney Tyler Andrehsen discusses Virginia’s new Clean Slate law and explains that not every conviction will qualify for sealing, including domestic assault convictions and other excluded offenses.
Virginia’s Clean Slate law takes effect July 1, 2026, but not every record will be sealed automatically, and not every conviction will qualify.
For many people, this new law may create an opportunity to limit public access to certain criminal records. But the law is not a blanket record-clearing law. Virginia will have both automatic sealing and petition-based sealing, and eligibility depends on the type of charge, the outcome of the case, the person’s criminal history, the date of the offense, and the specific rules written into the statute. The Virginia State Crime Commission confirms that sealing processes are scheduled to begin in Virginia on July 1, 2026.
At Battlefield Law Group, our attorneys are taking the time to study Virginia’s new Clean Slate law now, so we are prepared to help clients understand their options as soon as the law goes into effect.
Does Virginia’s Clean Slate Law Seal Every Conviction?
No. Virginia’s Clean Slate law does not seal every conviction.
Some records may qualify for automatic sealing. Others may require a petition filed with the court. Some convictions are excluded from sealing altogether.
This is why it is important not to assume that a past charge or conviction will simply disappear from your record once the law goes into effect.
What Misdemeanor Convictions May Qualify for Automatic Sealing?
Virginia’s automatic sealing process is not expected to apply to every misdemeanor conviction. Under Va. Code § 19.2-392.6, automatic sealing for convictions is limited to specific listed offenses, including:
Petit larceny under Va. Code § 18.2-96
Shoplifting under Va. Code § 18.2-103
Trespassing under Va. Code § 18.2-119
Instigating trespass under Va. Code § 18.2-120
Trespass on posted property under Va. Code § 18.2-134
Misdemeanor distribution of marijuana under Va. Code § 18.2-248.1
Disorderly conduct under Va. Code § 18.2-415
The Virginia Code states that these listed convictions may be automatically sealed only if the offense date was on or after January 1, 1986, seven years have passed since the date of conviction, and the person has not had another disqualifying criminal conviction during that seven-year period. The statute also says a listed conviction will not be automatically sealed if, on the same date, the person was convicted of another offense that is not eligible for automatic sealing.
This is where many people may get confused. A person may hear that “some misdemeanors can be sealed” and assume their record will qualify. But Virginia’s automatic sealing process for convictions is tied to specific offenses and specific eligibility requirements.
What Other Records May Be Automatically Sealed?
In addition to certain listed misdemeanor convictions, Virginia’s Clean Slate framework also includes automatic sealing processes for some marijuana possession records and certain non-convictions.
For example, Va. Code § 19.2-392.6:1 provides for sealing of former marijuana possession offenses without entry of a court order. The statute also includes automatic sealing procedures for certain misdemeanor charges that result in acquittal or dismissal with prejudice, and certain felony non-convictions where the defendant makes a request and the Commonwealth’s Attorney agrees.
This does not mean every charge, dismissal, or conviction will be sealed. It means that certain categories may qualify if the requirements of the law are met.
What Types of Convictions May Not Qualify for Sealing in Virginia?
Virginia law includes specific exclusions from petition-based sealing. According to the Virginia State Crime Commission, excluded categories include offenses such as:
Class 1, 2, 3, and 4 felonies
Sex crimes
Violent felonies
Sex trafficking
Felonies involving the use of a firearm
Protective order violations
Hate crimes
Animal cruelty
Election law offenses
Date rape drug offenses
Not guilty by reason of insanity dispositions
Dangerous or vicious dog offenses
Crimes against family or household members
The Virginia State Crime Commission states that there are 19 provisions that exclude certain offenses from sealing eligibility, including crimes against family or household members.
Will Domestic Assault Convictions Be Sealed Under Virginia’s Clean Slate Law?
Domestic assault convictions are not expected to qualify for sealing under Virginia’s Clean Slate law because crimes against family or household members are listed among the excluded categories for petition sealing.
This matters because many people may hear about the Clean Slate law and assume that older misdemeanor convictions will automatically qualify. That is not always true. Domestic assault is one of the areas where the details of the law matter.
If you have a domestic assault conviction or another offense involving a family or household member, you should speak with an attorney before assuming the conviction can be sealed.
Is Clean Slate Sealing Automatic or Do You Have to Apply?
It depends on the record.
Virginia’s Clean Slate law includes both automatic sealing and petition-based sealing. Automatic sealing means the person does not file a petition for that specific automatic process. Petition-based sealing means the person must ask the court to seal the record.
Va. Code § 19.2-392.12 provides that certain people convicted of or given a deferred dismissal for a misdemeanor, Class 5 or 6 felony, or certain larceny-related felony offenses may file a petition requesting sealing, unless an exclusion applies.
In other words, some records may be handled automatically, but others will require action.
Why the Exclusion List Matters
The exclusion list is important because a person’s record may include more than one charge, more than one conviction, or related court matters.
A person may have one charge that appears eligible and another charge from the same case or same date that changes the analysis. The Virginia Code specifically includes rules about when a charge, conviction, or related matter may not be sealed because of another conviction or deferred dismissal that is not eligible.
That means the court history around the case may matter, not just the name of one charge.
Battlefield Law Group Is Preparing for Virginia’s Clean Slate Law
The Clean Slate law is new, and many people will have questions about what it does and does not cover.
At Battlefield Law Group, attorney Tyler Andrehsen is taking a focused role in studying Virginia’s new Clean Slate law so our firm is prepared to help clients understand whether a past charge, conviction, or related court matter may qualify for sealing. We serve clients in Manassas, Prince William County, Fairfax, Loudoun, Stafford, Culpeper, and throughout Northern Virginia.
If you have questions about Virginia’s Clean Slate law, record sealing, expungement, or whether a past conviction may qualify, contact Battlefield Law Group to speak with an attorney.
FAQ: Virginia Clean Slate Law and Record Sealing
When does Virginia’s Clean Slate law take effect?
Virginia’s Clean Slate sealing provisions are scheduled to take effect on July 1, 2026.
Will every criminal record be sealed automatically?
No. Some records may qualify for automatic sealing, but others require a petition. Some convictions are excluded from sealing altogether.
Does domestic assault qualify for sealing under Virginia’s Clean Slate law?
Domestic assault convictions are not expected to qualify because crimes against family or household members are listed among the excluded categories for sealing eligibility.
What misdemeanor convictions may qualify for automatic sealing?
The listed misdemeanor conviction categories include petit larceny, shoplifting, trespassing, instigating trespass, trespass on posted property, misdemeanor distribution of marijuana, and disorderly conduct, assuming the person meets the other statutory requirements.
Is sealing the same as expungement?
No. Expungement and sealing are related, but they are not the same thing. The Virginia State Crime Commission explains that sealing limits public access to a record but does not erase it completely, and sealed records may still be available for certain purposes.
Can an attorney help me figure out if my record qualifies?
Yes. Because eligibility depends on the charge, outcome, timing, criminal history, and statutory exclusions, it is wise to speak with an attorney before assuming your record will qualify for sealing.
Disclaimer: Battlefield Law Group works to provide accurate, up-to-date legal information, but laws can change, and the information on this page may become outdated over time. This blog is for general informational purposes only and should not be taken as legal advice. If you have questions about Virginia’s Clean Slate law or whether your record may qualify for sealing, call Battlefield Law Group at 571-364-0500 to speak with an attorney.
