Virginia's Clean Slate Act officially took effect July 1, 2026, opening the door for hundreds of thousands of residents to seal past criminal records from public view for the first time in the Commonwealth's history. An estimated 415,000 Virginians stand to benefit from full or partial record sealing under the law. But Arlington criminal defense attorney David Deane cautions that the rollout is happening in phases, and the next major phase arrives October 1, 2026.
"The law is live, but not everything is happening automatically yet," said David Deane, a former prosecutor with more than 25 years of criminal defense experience in Arlington and Fairfax. "People are already coming to us assuming their record was cleared on July 1. For most conviction records, that isn't true yet, and it won't be true unless the case qualifies for the October 1 expansion or a petition is filed."
What's Already Sealed as of July 1
As of July 1, 2026, Virginia began automatically sealing qualifying non-conviction records — meaning charges that ended in a dismissal or acquittal. More than 100,000 low-level criminal records are expected to be sealed automatically under the law's early phases, according to state estimates. A criminal lawyer can help confirm whether a specific case already qualifies under this automatic pathway.
What Changes on October 1
Starting October 1, 2026, automatic sealing expands under Virginia Code § 19.2-392.6 to include specific conviction records, including:
Petit larceny and concealment
Disorderly conduct
Certain trespassing offenses
Misdemeanor marijuana distribution
Records outside these categories, including most other misdemeanors and Class 5 or 6 felonies, still require a formal petition filed in circuit court under Virginia Code § 19.2-392.12. Serious offenses such as DUI, domestic assault, and violent felonies remain permanently ineligible for sealing under the Act.
Why Waiting Isn't Always the Right Move
Because Virginia's courts are already accepting and processing petitions under the law's petition-based pathway, David Deane Law is advising Arlington and Fairfax residents not to assume the October 1 update will automatically apply to their case.
"If a record doesn't fall into one of those four automatic categories, waiting until October 1 accomplishes nothing," David Deane said. "For most people with a qualifying misdemeanor or lower-level felony, a petition is still the only route to sealing, and that process can be started today." David Deane Law encourages anyone unsure whether their record qualifies to speak with a criminal defense lawyer before assuming they must wait until October.
Frequently Asked Questions
Is my Virginia criminal record automatically sealed now?
Only if it is a qualifying non-conviction — such as a dismissal or acquittal — as of July 1, 2026, or if it falls into one of the four conviction categories being automatically sealed starting October 1, 2026: petit larceny, disorderly conduct, certain trespassing, or misdemeanor marijuana possession. All other eligible records require a petition filed in circuit court.
Can a DUI or domestic assault conviction be sealed in Virginia?
No. Virginia's Clean Slate Act specifically excludes DUI, domestic assault, and violent felony convictions from sealing, regardless of how much time has passed. A defense attorney can help confirm whether a specific conviction falls into one of these excluded categories.
Do I need an Arlington criminal defense attorney to file a sealing petition?
Virginia law does not require an attorney to file a petition, but the process requires proving "manifest injustice" to a judge, obtaining official Central Criminal Records Exchange (CCRE) documentation, and correctly identifying which sealing pathway applies. An experienced Arlington criminal defense lawyer can help avoid delays or denials caused by an incomplete filing.
About David Deane Law
David Deane Law is a criminal defense law firm serving Arlington, Fairfax, and Northern Virginia, with offices located in Arlington and Fairfax. The firm is led by David Deane, a former prosecutor with more than 25 years of criminal defense experience practicing in Arlington and Fairfax County courts. David Deane Law represents clients facing DUI, drug offenses, reckless driving, domestic violence, weapons charges, and other criminal matters, and has been recognized as one of Northern Virginia's top criminal defense firms by Washingtonian Magazine and Northern Virginia Magazine for multiple consecutive years. David Deane Law offers free consultations to Arlington and Fairfax residents facing criminal charges.