Expungement is one of the most searched words in reentry, and for good reason. An old record can follow you into a job interview, a lease application, and a custody hearing long after your sentence is done. This month brought real movement. On October 1, Virginia began automatically sealing certain old conviction records under its Clean Slate Act. If you live in Virginia, here's what that means. If you don't, the same playbook works in your state.
This guide covers what expungement and sealing actually are, how long the process takes, what changed in Virginia, and what to do this week.
Expungement vs. record sealing: know which one you need
People use the two words as if they mean the same thing. In a lot of states they don't.
- Expungement generally clears or destroys a record, or treats it as if it never happened. In some states it only applies to arrests and charges that never led to a conviction.
- Record sealing hides a record from the public and from most background checks. The record still exists, and courts, prosecutors and law enforcement can still see it for certain purposes.
Virginia is a clear example. The Virginia State Crime Commission explains that in Virginia, expungement only applies to charges that did not end in a conviction, while sealing can cover certain convictions. Before you file anything, find out which word your state uses for what.
How long does expungement take?
There's no single national answer, because every state writes its own rules. The total time breaks into three parts:
1. The waiting period
Most states require a stretch of time with no new convictions before you qualify. In Virginia, petition-based sealing generally requires 7 years conviction-free for a misdemeanor and 10 years for a felony, according to the Clean Slate Initiative. Other states set different clocks, and some count from the end of your sentence or supervision, not your conviction date. Find out exactly when your clock started.
2. Paperwork and court time (petition states)
If your state requires a petition, you'll gather your records, fill out the court forms, serve the prosecutor, and wait for a judge. Some courts decide without a hearing. Some schedule one. How long it takes depends on your court's caseload.
3. Processing after the order
Even after a judge signs off, it takes time for state police, courts and background check companies to update their systems. In Virginia, an advocate told WSLS the rollout may take a couple of weeks before records visibly reflect the changes.
Bottom line: Plan for weeks to months, not days, and start now. Waiting rarely makes it faster.
What "clean slate" laws change
A clean slate law makes the government do the work. Under the old system you had to know you qualified, find the forms, file, and often show up in court. Under a clean slate system, eligible records are sealed automatically once the waiting period is up. No petition, no filing fee, no lawyer required for those records.
The Clean Slate Initiative puts the problem simply: many people who qualify for relief under petition systems never get it, because the process is hard to navigate without help. Automation is built to close that gap, and states that adopt it deserve credit for doing the heavy lifting.
Virginia's Clean Slate Act: what started on October 1
Virginia passed its Clean Slate Act in 2021 and is rolling it out in stages. The Clean Slate Initiative estimates that about 1.4 million Virginians have an arrest or conviction record, and that about 415,000 stand to benefit from full or partial sealing.
Since July 1, 2026:
- People can petition to seal most misdemeanor convictions, deferred dismissals and certain felony convictions, for the first time in the state's history.
- Fingerprint requirements and filing fees for expungement petitions were removed.
- Misdemeanor charges that end in acquittal or dismissal with prejudice are sealed automatically.
Since October 1, 2026, automatic sealing has expanded to certain old misdemeanor convictions. The Virginia State Crime Commission lists petit larceny, shoplifting, trespassing (including instigating trespass and trespass on posted property), misdemeanor distribution of marijuana, and disorderly conduct. These are generally sealed 7 years after the conviction date if you haven't been convicted of another reportable crime during that time. All possession-of-marijuana records under the former law are being sealed automatically, whatever the outcome of the case.
Coming December 1, 2026: Further changes broaden who can petition for expungement, and dismissed traffic infractions can also be expunged (Clean Slate Initiative).
What sealing does and doesn't do in Virginia
From the State Crime Commission FAQ:
- Most Virginia employers, landlords, schools and insurers can't ask about a sealed offense, and background check companies can't report it.
- Some jobs, child-custody proceedings and jury service still require disclosure, and employers outside Virginia or federal agencies may still ask.
- Sealing does not restore civil rights or firearm rights. Those are separate processes.
- You still owe any fines, costs and restitution.
Don't assume. Check your record.
Virginia won't send a letter when your record is sealed. As Bryan Kennedy of Justice Forward Virginia put it to WSLS: "Don't assume it was sealed. Don't assume it wasn't sealed."
Three ways to check, per the State Crime Commission:
- Search the Virginia Judiciary Online Case Information System. If the case no longer shows up, it may have been sealed. Old records can also disappear because the court's retention period ran out, though, and those can still show up on background checks.
- Request your criminal history record from Virginia State Police. Sealed offenses are marked on the record.
- Ask the clerk of the court that handled your case.
If something should have been sealed automatically but wasn't (often because of a clerical issue or missing fingerprints), Virginia has an "automatic petition sealing" process to fix it. There are no court filing fees.
Not in Virginia? Your next steps this week
Whatever state you're in, the steps are the same:
- Pull your own record from your state police or state court system. Don't guess what's on it.
- Look up your state's rules. Search "[your state] expungement" or "[your state] record sealing" and stick to the court or state government website.
- Mark your waiting-period date. Figure out the exact day you become eligible and put it on your calendar.
- Call a legal aid office or reentry organization. Many run free expungement clinics, and they know the local court process better than anyone.
- Keep copies of everything. Your sealing order, court paperwork and any letters. You may need to show them to an employer or a background check company.
If you're still in your first 90 days home, put this on the list but don't let it stall your basics: ID, check-ins, housing, work. Our first 90 days checklist lays out the order. If your eligibility date is years out, that's fine. Clearing a record is a long game, and it still matters in year three and year ten. For more on getting started, see Expungement and Record Sealing: Where to Actually Start.
Why this matters
A record that sticks around after the sentence is over can shut doors on work and housing for a long time. A study of Michigan's record-clearing law, published in the Harvard Law Review in 2020, found that people who got a conviction set aside saw their wages rise by over 22% within a year, compared with where they had been heading before. Virginia's rollout shows that lawmakers, courts and state police can make that relief reach people who've earned it without making them fight for it.
Keep your dates and documents in one place
Expungement runs on dates and paperwork: the day your waiting period ends, a court date, a copy of your order. Free and Forward is a reentry mobile app on the App Store and Google Play. It gives you a step-by-step reentry checklist and a calendar with reminders for court dates and check-ins, both free. The Basic tier, a one-time purchase, adds a document vault for your ID, release papers and court orders. It's built for the first 90 days and everything after, and it's free to start. Download it and put your eligibility date on the calendar today.
This article is general information, not legal advice. Rules change and every case is different. Check with your state's court system or a legal aid organization about your own record.
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