On July 1, 2026, two things happen in Virginia at once, and they pull in opposite directions. The state begins sealing actual criminal convictions for the first time in its history, hiding eligible records from most background checks. On that same day, the Virginia State Police launches an online portal that lets anyone pull a criminal history record in minutes instead of waiting weeks for a mailed response. One reform makes certain records disappear from public view. The other makes records far easier and faster to obtain. If you have a Virginia record, the date matters, and so does exactly where your case falls.
This is the paradox at the center of Virginia's so-called Clean Slate law. It offers real relief to hundreds of thousands of people, but it arrives alongside broader, quicker public access that raises the exposure for anyone who does not qualify or whose sealing is delayed.
How the law came to be, and why it is a first
The record-sealing regime is codified in Chapter 23.2 of Title 19.2 of the Code of Virginia, at § 19.2-392.5 and following. The General Assembly passed the original legislation in 2021. Lawmakers substantially amended it in 2025 through SB 1466 and HB 2723, and the start date was pushed from a planned 2025 launch to July 1, 2026, giving courts and the State Police time to build the infrastructure the system needs.
What makes this a milestone is the scope. Before now, Virginia relief was limited largely to expungement of non-convictions, meaning charges that ended in acquittal or dismissal. Chapter 23.2 is the first Virginia framework that can seal actual convictions, not just cases that never resulted in a finding of guilt. The Virginia State Crime Commission summarizes the structure and cites the same code sections and the 2025 bills.
The law works through two tracks: automatic sealing initiated by the state, and petition-based sealing filed in circuit court. Understanding which one applies to you is the first practical step.
Automatic sealing: the state does it for you, but not all at once
The automatic track requires no application. The state initiates it for specified low-level offenses once a person stays conviction-free for a set period. Under § 19.2-392.6, a defined list of misdemeanor convictions is sealed automatically after a seven-year conviction-free period. Those misdemeanors are petit larceny, shoplifting, trespassing (including instigating trespass and trespass on posted property), distribution of marijuana, and disorderly conduct.
The automatic track reaches further than those five categories. Under §§ 19.2-392.6:1, .7, .8, and .11, it also covers former marijuana possession offenses (both criminal and civil), misdemeanor and felony non-convictions such as acquittals and dismissals with prejudice at the conclusion of a case, and traffic infractions.
The volume is significant. According to reporting from the Associated Press published in June 2026, roughly 112,000 convictions are set to be sealed automatically, and an additional 942,000 misdemeanor cases ending in dismissal or acquittal will be sealed automatically as well.
One caution: automatic does not mean instant. The rollout is phased. The State Police has a deadline that extends beyond July 1, 2026 to transmit the first list of convictions eligible for automatic sealing. In practical terms, automatic relief will lag the effective date. If you are counting on an automatic seal, do not assume it has happened simply because July 1 has passed.
Petition-based sealing: more offenses, but you have to file
The second track puts the work on the individual. Under § 19.2-392.12, a person can petition a circuit court to seal a broader set of records, including misdemeanors and Class 5 and Class 6 felonies. A separate provision, § 19.2-392.12:1, allows unlimited petitions for a limited set of offenses.
The waiting periods differ by offense level. Eligible misdemeanors carry a seven-year wait. Eligible Class 5 and Class 6 felonies carry a ten-year wait. Both periods are measured from the conviction or dismissal and require no intervening convictions during that time.
The petition track is where most people with felony-level records will need to act, because the state will not do it for them. The AP figures put roughly 733,000 people in the category eligible to petition. Filing in circuit court means assembling documentation, including your own criminal history record, and meeting the court's burden to show eligibility.
Who is left out
The law draws firm lines. A long list of offenses is ineligible under either track, and those convictions stay visible. The exclusions include Class 1 through Class 4 felonies, violent felonies, sex offenses and sex trafficking, firearm-related felonies, DUI, protective-order violations, hate crimes, animal cruelty, election-law offenses, date-rape-drug offenses, dispositions of not guilty by reason of insanity, and crimes against family or household members, which covers domestic assault.
If your record falls into one of these categories, the Clean Slate law does not seal it. That is the group for whom the second half of the July 1 change matters most, because their records remain public and, starting that day, easier than ever to retrieve.
The other half of the paradox: records go online
Beginning July 1, 2026, the Virginia State Police launches an online portal that lets individuals verify their identity and download their own criminal history record within minutes. As [Clean Slate Virginia documents](https://cleanslatevirginia.com/beginning-july-1-2026-virginia-criminal-records-will-be-available-online-from-the-virginia-state-police/), this replaces the prior mail-in process, which required submitting an SP-167 form and waiting weeks for a response.
The online launch is tied directly to sealing logistics. Petitioners must submit their own criminal record as part of a sealing application, so faster access removes a documentation roadblock that previously slowed the process. That is the upside. The trade-off is that the same portal makes unsealed records broadly and quickly accessible, which is why the timing creates tension.
Why the timing raises the stakes
The reform that hides eligible records also makes records far easier for anyone to pull. For people whose convictions qualify and are sealed, the change reduces exposure: sealed records no longer appear on most employer, landlord, and licensing background checks, though law-enforcement and certain authorized access may remain.
For everyone else, the math runs the other way. If your offense is on the exclusion list, your record stays public and is now quicker to access. And if your record is eligible for automatic sealing but the State Police has not yet transmitted your case during the phased rollout, there is a window in which your record is both still visible and easier to find. Awaiting a backlogged automatic seal is not the same as being sealed.
What to do, and when
A few concrete steps can help you understand your position before and after July 1:
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Check your eligibility. Identify whether your offense falls under the automatic list (§ 19.2-392.6 and related sections), the petition track (§ 19.2-392.12 or § 19.2-392.12:1), or the exclusion list. The Virginia State Crime Commission summary and the code itself are the authoritative references.
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Pull your record through the new portal. Starting July 1, 2026, you can verify your identity and download your criminal history record from the Virginia State Police online, rather than mailing the SP-167 form. You will need this record if you petition.
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Confirm your waiting period. Seven years for eligible misdemeanors, ten years for eligible Class 5 and 6 felonies, measured with no intervening convictions.
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File a petition if you are on the petition track. This goes through circuit court and requires meeting the court's burden. The automatic track requires no filing, but it is also slower because of the phased rollout.
Practical caveats
Keep expectations grounded. The automatic rollout lags July 1, so do not assume an eligible conviction is sealed on day one. Sealing limits what most background checks show, but it does not erase a record from every place it may exist; law-enforcement and certain authorized parties may retain access. And private background-check companies that cached old data before sealing may continue to display it until their databases are updated, which is a separate problem from what the State Police shows.
The bottom line: July 1, 2026 opens a real path to relief for many Virginians, and it simultaneously makes the records of those who do not qualify easier to find. Knowing which side of that line you are on, and acting on it, is the most important thing you can do.
Related reading
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[Chatrie v. United States Could End Geofence Warrants: Why the Supreme Court Is About to Decide If Police Can Dragnet Everyone Near a Crime Scene](/article/chatrie-v-united-states-geofence-warrants-supreme-court)
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Case v. Montana Hands Police a New Way Into Your Home Without a Warrant or Probable Cause
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[Culley v. Marshall Said No Prompt Hearing Required. State Legislatures Are Saying Otherwise in 2026.](/article/culley-v-marshall-state-forfeiture-reforms-2026)
Sources
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Sealing of Criminal Records, Virginia State Crime Commission
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Many Virginians' Criminal Convictions About to Be Sealed Under 'Clean Slate' Law (AP via ARLnow)
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