Record Sealing and Expungement Attorneys

A criminal charge can continue to appear in public records even after the case itself is over. Depending on how the charge was resolved, Virginia law may provide a way to limit access to that record through expungement or sealing.

At Randall, McClenney & Daniels, PC, we review the disposition of each case before advising clients about available record-relief options. Whether a criminal charge was dismissed, resulted in an acquittal, ended in a conviction, or was resolved another way can determine whether expungement, sealing, or neither remedy is available.

Why Hampton Roads and Southside Virginia Trust Randall, McClenney & Daniels With Record Relief

Virginia’s expungement and sealing laws contain specific eligibility requirements, waiting periods, and exclusions. An attorney can review the underlying court record, determine which law applies, and identify the process available for each charge.

Randall, McClenney & Daniels, PC brings more than 200 years of combined legal experience to the clients we serve throughout Hampton Roads and Southside Virginia. Our attorneys handle criminal defense matters throughout the region and understand how criminal charges, dispositions, and court records fit together when evaluating a request for record relief.

Client Testimonials

“If you are considering getting an attorney for whatever the reason I highly recommend this highly professional team. From the office staff to the attorney’s they streamline a normally stressful situation. They have my highest recommendation!” – Will Kern

“Had a great experience with this law firm. They were responsive and exceeded my expectations. Highly recommend them.” – Safiya Nelson

“They did a good job on my case and everything turned out about as good as it could have. No complaints and money well spent!!” – James Lamb

What Is the Difference Between Expungement and Sealing in Virginia

Expungement and sealing are separate forms of criminal-record relief.

Expungement generally addresses qualifying police and court records connected to charges that did not result in a conviction. Virginia law also provides limited expungement remedies in other specific circumstances.

Sealing limits public access to qualifying criminal-history and court records. Virginia now provides several sealing processes, including automatic sealing for certain offenses and petition-based sealing for other eligible charges, deferred dispositions, and convictions.

A sealed record is not destroyed. Instead, access and dissemination are restricted according to Virginia law. Because the rules differ depending on the offense and how the case ended, the first step is identifying the final disposition of each charge.

Who Qualifies to Have a Record Expunged in Virginia

Under Virginia law, certain records may qualify for expungement when the criminal case did not result in a conviction. Qualifying circumstances can include:

• An acquittal
• A nolle prosequi
• Certain dismissals
• An arrest or charge involving the unauthorized use of your identity
• An absolute pardon in circumstances recognized by Virginia law
• Certain convictions later vacated by a court

Not every dismissal automatically qualifies for expungement. The way the case was resolved and what occurred before dismissal can matter.

What Convictions Can Be Sealed Under Virginia Law

A conviction that survives on a record for years does not have to stay visible forever under Virginia’s sealing law, though which path applies, automatic or by petition, depends on the offense and the time that has passed.

Automatic Sealing After Seven Years

Certain low-level misdemeanor convictions seal automatically once seven years pass without a new qualifying conviction. The clerk’s office handles this process on its own, without a petition or a court hearing, once the waiting period runs.

Sealing by Petition Before a Circuit Court Judge

A broader group of convictions, including many misdemeanors, Class 5 and Class 6 felonies, and a limited category of larceny offenses, can be sealed by petition instead of automatically. Larceny offenses eligible for petition-based sealing are narrow, and not every theft conviction qualifies. Va. Code § 19.2-392.12 governs this petition process, and it requires filing before a circuit court judge who reviews the offense, the waiting period, and the person’s record since the conviction before deciding whether to grant it.

Both paths share one requirement: a new qualifying conviction during the waiting period resets the clock on eligibility for sealing.

What Cannot Be Expunged or Sealed

​​Virginia law identifies numerous offenses that are excluded from petition-based sealing. Those exclusions include DUI convictions, certain offenses involving a family or household member, protective-order violations, violent felonies, and other offenses specifically identified by statute.

The complete list is more extensive than those examples, so eligibility should be determined by comparing the actual conviction to the current Virginia statute rather than assuming a record qualifies based only on whether the offense is a misdemeanor or felony.

Frequently Asked Questions About Virginia Record Sealing and Expungement

How Much Does It Cost to Expunge or Seal a Record in Virginia?

Court costs for an expungement or sealing petition in Virginia typically include a filing fee and the cost of obtaining certified copies of court records, and both vary by jurisdiction. Attorney fees add to that total.

How Long Do You Have to Wait to Seal a Conviction?

For petition-based sealing, Virginia generally requires a seven-year period for a misdemeanor and a 10-year period for a felony without another qualifying conviction.

The date from which that period is measured depends on the circumstances. Virginia law looks to the latest applicable event, which may include conviction, release from incarceration, or certain events involving probation or a suspended sentence.

Does a Sealed or Expunged Record Show Up on a Background Check?

An expunged record generally will not appear on a standard employment or background check, since the court and police records connected to it are removed from public access. A sealed record works differently: it becomes invisible to most background check companies and employers, but certain entities, including some law enforcement and licensing agencies, may still access it under Virginia law. Which outcome applies to a specific charge depends on whether it was expunged or sealed, and under which section of the sealing statute.

How Long Does the Expungement or Sealing Process Take?

An expungement or sealing petition in Virginia generally takes several months from filing to a judge’s decision, and the timeline depends on the court’s docket, whether the Commonwealth’s Attorney objects, and whether a hearing is required. Petitions that go uncontested typically move faster than those the Commonwealth challenges.

Have Your Virginia Criminal Record Reviewed

Whether expungement or sealing is available depends on the charge, how the case ended, the offense involved, your criminal history, and the requirements of Virginia law.

Randall, McClenney & Daniels, PC can review your record, identify which charges may qualify for relief, and explain whether expungement, automatic sealing, petition-based sealing, or another available process applies. Contact our office to schedule a review of your Virginia criminal record and discuss the options available under current law.