Understand Your Options for Dismissed Charges, Deferred Dispositions, and Criminal Convictions
An old criminal charge can leave you feeling like you are still answering for something you thought was behind you. Whether you are applying for a job, looking for housing, or simply trying to move forward, uncertainty about your record can be exhausting.
Understanding your options starts with separating two terms that are often used interchangeably: expungement and record sealing.
Virginia provides different paths for different case outcomes. You do not need to know which one applies before asking for help—you can start with your court paperwork and a conversation about what you want to accomplish.
Legal information checked September 7, 2026. This article focuses on Virginia adult criminal records. This article should not be considered legal advice for your specific case. View the disclaimer at the bottom of this blog and visit our Terms & Conditions page for more information.
Quick Answers: Expungement vs. Record Sealing in Virginia
Expungement generally addresses qualifying charges that did not result in a conviction. Record sealing can cover certain nonconvictions, deferred-and-dismissed charges, and eligible convictions. They are separate legal processes with different eligibility rules... Not interchangeable names for the same procedure. Virginia’s expanded sealing framework began July 1, 2026. Virginia State Crime Commission
Neither term should be understood as a promise that every copy of a record will be destroyed or that every consequence disappears.
| Common Question | Expungements | Record Sealing |
|---|---|---|
| What does it generally address? | Qualifying nonconvictions, with limited special exceptions | Qualifying nonconvictions and certain deferred dismissals or convictions |
| How does it happen? | Generally through a court petition | Automatically for some records; by petition for others |
| Is every charge eligible? | No | No |
| Does it mean every record is destroyed? | No | No |
These are starting points, not an eligibility determination. The exact charge, disposition, and applicable statute control. Virginia expungement law, Virginia sealing overview
What Is Expungement in Virginia?
Virginia’s regulations define expungement as removing a criminal history record, or part of it, from public inspection or normal access under a court order. That is different from destroying it. Records may be separated from normally accessible files and maintained securely. Virginia regulatory definition, Record-handling procedures
Under the statute in effect through November 30, 2026, common grounds for requesting expungement include an acquittal, a nolle prosequi, or another qualifying dismissal.
A nolle prosequi means the prosecutor has discontinued that prosecution. It is not itself an expungement order.
Eligibility and approval are separate questions. The court applies statutory standards, including whether continued availability of the record causes or may cause manifest injustice. A favorable rule applies to certain misdemeanor petitioners with no prior criminal record. Virginia Code § 19.2-392.2
What Is Record Sealing in Virginia?
Record sealing restricts public access to covered arrest, charge, and conviction records. It can occur automatically under specified statutory procedures or through a petition. It does not make the underlying event disappear. Virginia Code, Chapter 23.2
For covered records, sealing restricts public online court access and disclosure. However, the law preserves access for specified purposes, including certain criminal proceedings, employment screenings, and other legally authorized uses. Some court documents and opinions also have exceptions. Virginia Code § 19.2-392.13
The practical goal is meaningful privacy protection, not a guarantee that nobody can ever learn about the case.
If Your Charge Was Dismissed or You Were Acquitted
A dismissal or not-guilty finding can bring enormous relief. It is still important to confirm what happened to the associated record.
Under Virginia’s current sealing law:
- A misdemeanor acquittal or dismissal with prejudice generally requires the court to order automatic sealing unless the person objects.
- Following a felony acquittal or dismissal with prejudice, the person may immediately request sealing orally; the prosecutor’s concurrence is required under this provision.
- Sealing under this section does not prevent a later expungement request.
These rules do not mean every type of dismissal receives identical treatment. Virginia Code § 19.2-392.8
Your next step: Obtain the final disposition and any sealing or expungement order. Ask Felty Law Firm to review what the court actually entered... Not just the outcome you remember hearing.
If Your Charge Was Deferred and Later Dismissed
A deferred disposition generally involves postponing a final decision while the person completes specified conditions. It may end in dismissal, but that does not automatically make it equivalent to an acquittal for record-clearing purposes.
Virginia decisions have treated certain dismissals following findings of sufficient evidence differently from ordinary dismissals. The plea, findings, and statutory basis matter. Virginia Court of Appeals discussion
There are also important exceptions. Under the version of § 19.2-298.02 effective through November 30, 2026, an agreed deferred dismissal can preserve expungement eligibility when the required agreement and eligibility are recorded in the final order. This statute also has a December 1 amendment. Virginia Code § 19.2-298.02
Your next step: Bring the deferral order, final dismissal order, and any written agreement. Do not assume you are ineligible or eligible based only on the word “dismissed.”
If You Have a Criminal Conviction
A conviction does not necessarily end the discussion. Virginia’s petition-based sealing law covers certain misdemeanors, Class 5 and Class 6 felonies, and specified felony larceny offenses, subject to exclusions and other requirements. The general petition provision applies to offenses dated January 1, 1986, or later.
Not every misdemeanor or lower-level felony qualifies. Exclusions include DUI, specified domestic-violence offenses, and numerous other offenses. An attorney must check the precise statute and circumstances. Virginia Code § 19.2-392.12
Some listed misdemeanor convictions—including qualifying petit larceny, trespass, and disorderly conduct convictions have an automatic-sealing pathway. That pathway generally requires seven years without specified new convictions and excludes cases involving an ineligible conviction on the same conviction date. Virginia Code § 19.2-392.6
Your next step: Ask for a charge-by-charge review of your record. One eligible charge does not establish that everything on the record can be sealed.
How Long Do You Have to Wait for Record Sealing?
Under the general petition statute, the required period without specified new convictions is seven years for misdemeanors and ten years for felonies.
The clock does not necessarily start on the arrest date. It runs from the latest applicable event, which can include conviction, deferred dismissal, release from incarceration, or specified probation-related events.
Other requirements include restrictions based on felony history, full payment of required restitution, rehabilitation when applicable, and manifest injustice. This provision also limits successful petitions during a person’s lifetime. Virginia Code § 19.2-392.12
Those waiting periods are not universal. A separate petition pathway for specified offenses has its own requirements. Virginia Code § 19.2-392.12:1
Rather than estimating your eligibility date alone, gather your sentencing and release paperwork for review.
Will a Sealed Record Show Up on a Background Check?
Sealing provides substantial restrictions, but it is not a universal guarantee that every background check will return no information. Authorized access remains available for particular purposes, including certain law-enforcement employment, federally required checks, and national-security screenings. Permitted uses of sealed records
Virginia also imposes requirements on business screening services concerning sealed records. If a report still displays information you believe should be protected, save the report and your court order. A reporting issue deserves its own review; it does not necessarily mean the court denied relief. Virginia Code § 19.2-392.16
Do You Still Have to Disclose a Sealed Record?
Virginia generally permits people to deny or omit sealed matters in many employment and state or local government contexts, but important exceptions apply. These include certain law-enforcement positions, legally required inquiries, and national-security requirements.
Sealing also does not automatically restore firearm or civil rights or eliminate outstanding financial obligations. Virginia Code § 19.2-392.5
Before answering an application question, have the actual wording reviewed, especially if the form specifically asks about sealed records. Understanding the exception that applies to your situation is more useful than relying on a blanket “yes” or “no.”
A Separate Expungement Change Takes Effect December 1, 2026
Virginia’s expungement statute has another version effective December 1, 2026, changing eligibility language and procedures. It should not be confused with the July 1 sealing rollout.
If you are considering filing near that date, ask which version governs your request and whether the amendment affects your circumstances. Virginia Code § 19.2-392.2: Both effective-date versions
What to Bring to an Expungement or Record-Sealing Consultation
You do not need a perfectly organized file before reaching out. Start with what you have:
- Charging documents, case numbers, and the court where the case ended.
- Final dismissal, acquittal, or sentencing orders.
- Deferred-disposition agreements and related orders.
- Incarceration, probation, and restitution paperwork.
- Any existing sealing or expungement order.
- Background reports or letters showing the problem you want addressed.
Tell the attorney your immediate concern, too. Are you facing an application deadline? Has an employer questioned a dismissed charge? Are you trying to understand an old conviction?
That context helps turn a general question about your record into a focused conversation about your options.
FAQ
Frequently Asked Questions About Expungement & Seal of Records in Virginia
Get answers to frequently asked questions about expungements, sealing of records, and other related legal situations. We're always here to help as well! Everyone has a different situation, and our firm accels tailor custom legal plans to individual circumstances. Contact us to learn more about the expungement and record sealing options available to you!
Is sealing the same as expungement in Virginia?
No. They are separate legal remedies with overlapping privacy goals but different eligibility and procedures. The right starting point is your actual case outcome, not which term sounds more complete. Virginia State Crime Commission
Can criminal records be completely erased in Virginia?
Do not assume so. Virginia’s expungement regulations distinguish between removing records from ordinary access and destroying them. Expunged records can also be disclosed in limited circumstances authorized by law. Virginia record-handling regulations, Disclosure of expunged records
Does automatic sealing mean I do not need to check my record?
No. Automatic describes the statutory process. Before relying on relief, confirm which charges were covered and whether the relevant records have been processed. The automatic-conviction pathway applies only when its specific conditions are met. Virginia Code § 19.2-392.6
What if I do not know how my case ended?
Start by identifying the court and approximate date. Ask Felty Law Firm what documents would help clarify the disposition. You do not have to interpret unfamiliar court terminology on your own.
Explore Your Record-Clearing Options With Felty Law Firm
You may not be able to change the past, but you can get clear information about the options available now.
Felty Law Firm handles expungement and sealing of criminal records from its Abingdon Virginia office. A consultation is an opportunity to discuss your record, identify the documents that matter, and understand whether a legal path may be available. Learn more about the firm’s Expungement & Sealing of Criminal Records services. Felty Law Firm
Need Legal Counsel?
Questions about your criminal record can feel overwhelming, but you do not have to work through them alone. Felty Law Firm can review your circumstances, explain the applicable Virginia requirements, and help you understand the next steps available to you. Call or text (276) 676-2660 to discuss your legal needs and move forward with greater clarity.
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