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Does a past felony automatically disqualify you from expungement?

On Behalf of | Jul 3, 2026 | Expungement |

A past criminal record often creates heavy burdens when you seek a new career or housing. Many people assume that a felony charge permanently destroys their future. Fortunately, Virginia law provides clear legal paths to clean your record offering a potential fresh start.

Traditional Expungement Criteria and Next Steps

Virginia reserves traditional expungement strictly for individuals who leave the legal system without a conviction. To start this process, you must obtain your full record and file a petition in the circuit court.

  • Charges must end in a complete dismissal.
  • Court acquittals provide clean paths.
  • Prosecutors can drop the charges.
  • The governor grants absolute pardons.

The circuit court reviews your petition alongside your record to ensure complete compliance with state rules. A judge then determines if the court will wipe your public history clean.

The New Frontier of Felony Record Sealing

Historically, a felony conviction completely blocked any opportunity for record relief in Virginia. However, there could be a major shift this year, with the state updating its record-sealing rules this year. 

This new law permits individuals to petition the court, allowing you to hide specific low-level offenses, including Class 5 and Class 6 felonies. To qualify under this update, you must maintain a clean record for ten years after your conviction date. The state still explicitly excludes violent crimes, sex offenses and gun charges from this new relief.

Seeking Legal Guidance

A single error on your application can trigger an immediate denial from the court. A skilled lawyer carefully reviews your history, builds a strong argument for the judge and manages every step of the process. This proactive support ensures that you handle the new rules correctly and increase your chances of a fresh start