Virginia’s Clean Slate Implementation Started This July: Here’s What You Need to Know

Approximately 1.4 million Virginians have an arrest or conviction record — most often for old arrests, acquittals, or low-level convictions. For years, only a very limited selection of non-conviction records were eligible for expungement, mostly in cases of acquittals or dismissals. That changed this July.

Virginia's Clean Slate Act, passed in 2021, is now entering its implementation era. As of July 1, 2026, Virginians can now access new pathways to record relief — and for the first time in the Commonwealth's history, people will be able to seal conviction records. An estimated 415,000 Virginians stand to benefit from full or partial record sealing under this law.

Here is what you need to know about what's happening, when, and why it matters.
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Why This Matters

Arrest and conviction records create lasting barriers to employment, housing, and education — without improving public safety. Studies find that average wages increase by approximately 23 percent within one year of record sealing, even after accounting for prior employment history and broader economic trends. When people can access stable work and housing, recidivism decreases and communities are stronger.

Even when people become eligible for record relief, the process has not always been accessible. Traditional petition-based systems require individuals to understand complex eligibility rules, gather court records, complete paperwork, and navigate the legal system — often without legal assistance. As a result, many people who qualify for relief never receive it.

Automation addresses this directly. By allowing eligible records to be sealed without requiring people to file paperwork, hire an attorney, or appear in court, Virginia's Clean Slate Act ensures that relief reaches everyone who has earned it — not only those with the time, money, or resources to navigate the process.

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July 2026

Three major changes take effect on July 1, 2026:

• Petition-based record sealing begins. Eligible Virginians can now petition to seal most misdemeanor convictions, deferred dismissals, and certain felony convictions. To be eligible, individuals must generally be conviction-free for 10 years for a felony and 7 years for a misdemeanor, and must not have been convicted of a new felony in the 10 years before filing. Class 1–4 felonies and other unclassified felonies are not eligible.
  
  
• Expungement requirements are updated. The petition process becomes more accessible by eliminating fingerprint requirements and filing fees. All filings in expungement cases will be kept under seal, and petitioners can access updated court forms directly on the Virginia Courts' website.
  
  
• Non-conviction automated sealing begins. Misdemeanor non-conviction charges that are dismissed with prejudice or acquitted will be automatically sealed upon dismissal — no further action required from the individual. Felony non-conviction charges may also be eligible for automated sealing upon dismissal with prejudice or acquittal, if the individual requests sealing and the Commonwealth consents.

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October 2026

On October 1, 2026, automated sealing expands to include additional conviction records — among them, petit larceny and concealment, disorderly conduct, certain trespass offenses, and misdemeanor possession of marijuana with intent to distribute. Importantly, all marijuana possession records — convictions, deferred dismissals, and non-convictions — will be sealed automatically. Individuals must generally be conviction-free for 7 years for a misdemeanor to qualify, and no felony convictions are eligible for automated sealing at this stage.

December 2026

On December 1, 2026, additional updates to Virginia's expungement law take effect, further broadening who can petition for relief. "Otherwise dismissed" language is repealed, allowing more people who were arrested, charged, or indicted for eligible offenses to petition for expungement. Dismissed traffic infractions can also be expunged under these changes.

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Public Safety Remains Central

Virginia's Clean Slate Act was designed with public safety safeguards built in. Records sealed through automated or petition-based processes will remain accessible to courts, prosecutors, and law enforcement for investigations, sentencing, and other public safety purposes when appropriate. 

Research shows that individuals who qualify for record clearance after extended crime-free periods are no more likely to reoffend than those without records — and that increased access to employment and housing is associated with lower recidivism and stronger long-term community safety.

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What Comes Next

Implementation is only the beginning. As Virginia moves forward, ensuring that eligible Virginians know the status of their record and understand what that means for their futures will be essential. A second chance only works if people know they have one.

The Clean Slate Initiative will continue to partner with stakeholders in Virginia to ensure the law delivers on its promise for the estimated 415,000 Virginians who stand to benefit.