Criminal Record Expungements & Sealings

Criminal charges can be overwhelming, stressful, and life-altering. This is true even for DUI / DWI charges and traffic offenses. If you've been charged with a criminal offense, it is essential to seek guidance from an experienced Northern Virginia criminal defense attorney who can protect your rights, safeguard your future, and provide effective relief through strategic legal representation.

Even if your case was dismissed, you were found not guilty, or you were convicted years ago and have since moved on with your life, that record can still follow you, affecting job opportunities, housing applications, professional licensing, and your reputation. Criminal records are publicly available and easy to find.

For decades, Virginia only offered relief for charges that never resulted in a conviction. That changed on July 1, 2026. Virginia now has an entirely new record sealing law that, for the first time, gives people with certain past convictions a path to get those records out of public view too. At Cerulean Law Group, our expert expungement and record sealing attorneys help clients throughout Northern Virginia remove eligible criminal record events from public view and regain control over their future.

Expungement and criminal record sealing are not the same thing, and which may be available to you varies based on a number of factors, including the charged offense, when it occurred, and how that charge resolved.

An expungement is a legal process that allows certain criminal records to be sealed or removed from public view. Once expunged, the charge is no longer accessible through standard background checks,  though it is not destroyed and can still be accessed with a court order for narrow, specific purposes.

In Virginia, expungement is generally available for:

• Dismissed charges
• Not guilty findings (acquittals)
• Cases where the Commonwealth dropped the charge (a nolle prosequi)
• Certain cases of identity theft or mistaken identity
• Charges where you received an absolute pardon or a writ vacating your conviction

Expungement law itself is also changing. A new version of Virginia's expungement statute takes effect December 1, 2026, broadening who qualifies and adjusting the standard courts apply. Though there are limited exceptions, criminal convictions are typically not eligible for expungement (but may be for sealing).

Sealing is Virginia's brand-new answer to a problem expungement never solved: what happens to a conviction. Historically, every conviction stayed on your record for life unless you received an absolute pardon. Sealing removes eligible convictions, along with certain non-convictions and old traffic infractions, from public view. Like expungement, sealing does not destroy the record; but it restricts public access to it.

Virginia's sealing law works through three distinct tracks:

• Automatic sealing, where certain convictions and non-convictions are sealed by the state without you filing anything, once enough time has passed

• Petition-based sealing, where you file a petition and a judge decides based on a six-factor test, including whether the record causes a manifest injustice

• A simplified petition process for a short list of offenses that also qualify for automatic sealing, with no lifetime limit

Not every conviction qualifies. A long list of offenses, mostly violent felonies, firearm-involved felonies, sex offenses, and family abuse or protective order violations, are permanently excluded. General petition-based sealing is also capped at two lifetime petitions, though automatic sealing has no such cap.

The short answer: it depends on whether your case resulted in a conviction.

• If your case did not end in a conviction, whether it was dismissed, you were acquitted, or the Commonwealth dropped it, you are likely looking at expungement.

• If you were convicted, or your case was deferred and later dismissed after the court found facts sufficient to convict you, you are likely looking at sealing, and only as of July 1, 2026.

Some situations, particularly deferred dispositions and older cases, fall into a gray area. These are very fact-specific questions that our teams of attorneys can help guide you through. For a deeper dive on whether you need to proceed expungement or sealing, check out our blog post Expungement vs. Sealing in Virginia: Where to Start.

Whether you are pursuing expungement or sealing, the process generally involves:

• Confirming your eligibility and which specific track applies to your case
• Filing a petition in the circuit court where your case was resolved
• Serving the Commonwealth's Attorney, who has an opportunity to object
• Requesting your criminal history record through the Central Criminal Records Exchange
• Attending a court hearing (if required)
• Obtaining a signed court order and confirming the record has actually been removed from public databases

The court then determines whether relief is justified based on the specific standard that applies to your case, the type of charge, how your case ended, and, in many cases, whether the continued existence of the record causes a manifest injustice to you.

Neither expungement nor sealing means invisible to absolutely everyone. Virginia law allows narrow exceptions, mainly for law enforcement purposes, certain government hiring, and future court proceedings. 

However, for nearly all everyday situations, including ordinary employers, landlords, and insurers, the record is not visible, and licensed background check companies are legally required to delete a sealed record once they are aware of it. Our post Who Can Still See Sealed or Expunged Records? covers this in greater detail.

Neither expungement nor sealing is guaranteed. 

Courts evaluate:

• Whether your specific charge or conviction is even eligible
• The nature and outcome of the original case
• Whether the continued existence of the record causes or may cause a manifest injustice
• Whether you have used up a lifetime petition limit that may apply

The filing process has multiple very technical requirements, and courts frequently reject petitions that do not precisely comply with each requirement. Without proper legal guidance, petitions can be delayed or denied due to technical errors, an incomplete record, or a misunderstanding of which of Virginia's several eligibility tracks actually applies to your case. Because Virginia's sealing law is brand new, working with an attorney who is actively tracking how local courts are handling these early petitions matters even more.

A successful expungement or sealing can:

• Improve employment opportunities
• Strengthen housing applications
• Support professional licensing applications
• Protect your reputation
• Provide real peace of mind

Cerulean Law Group provides clear, strategic guidance through both the expungement and sealing process for clients across Northern Virginia, including Loudoun County, Fairfax County, Prince William County, Arlington County, the City of Alexandria, Fauquier County, Frederick County, and the City of Winchester.

Contact us today to consult with an experienced Virginia expungement and sealing attorney and take the first step toward clearing your record and securing a stronger future.