Can you get a felony sealed under Virginia’s 2021 Record Sealing Law

Can you get a felony sealed under Virginia’s 2021 Record Sealing Law

Can you get a felony sealed under Virginia’s 2021 Record Sealing Law

Non-automatic sealing of records. Virginia has made major changes that assist someone with being able to seal their record. Sealing is different than expungement. With a record sealed, certain agencies, mostly governmental, are still allowed to access the records. Also, one who has their record sealed still must answer questions if on a jury or during certain juvenile and domestic matters regarding such charges or convictions. 

To reiterate eligibility for expungement: a charge must have been nolle prossed/nolle prosequi (not prosecuted) or dismissed without a finding. Many people think if the charge was dismissed after a case was under advisement that they are eligible for expungement. This is not the case most of the time because usually a change will enter a finding of sufficiency of the evidence which makes the person ineligible under the expungement analysis. 

However, this second scenario, and even the first, would make the person eligible for their record to be sealed with additional factors being met. 

Felony case eligibility to seal:

Class 5 or 6 felony, and felony larceny offenses.

Ineligible felonies:

DUI manslaughter or maiming, assault and battery on a family member, DUI, including CDL DUIs

The additional requirement for those felonies eligible are:

  • No convictions of class 1 or 2 felony
  • No class 3 or 4 felony convictions within the past 20 years
  • You were not convicted of any felony in the last 10 years
  • 10 years have passed since the conviction date
  • No convictions of any crimes within the last 10 years.
  • If conviction involved dependencies of alcohol or drug, you must demonstrate your rehabilitation

Limit to sealing two sentencing dates for convictions and deferral-dismissals. Lifetime limit does not apply to non-conviction (dismissals, acquittals, nolle prosequi).

The new law is a great way for people who have made the right choices since being convicted of a felony to have a clean slate by having their records sealed. We look forward to assisting to determine whether eligible and, for those who qualify,  to navigate this process. 

To determine whether you qualify for sealing sometimes is not always crystal clear. We ask that individuals wishing to discuss whether they can seal a record to order their criminal history through the Virginia State police ( Likewise, you can always call the Clerk’s office and obtain the Final Order in your case(s), certified copies are best. Once in receipt of your records, please book a consultation for us to discuss eligibility and the next steps.