Virginia Beach Expungement Attorney

Skilled Expungement Lawyer Representing Clients in Virginia Beach

Moving on after you have served your sentence for a criminal conviction can be difficult. With a criminal record, you may struggle to find employment and housing. However, under Virginia law, you could get the conviction sealed from public access, and certain non-conviction records may be eligible for expungement. To discuss your options, contact a Virginia Beach expungement attorney.

At Castellano Law Firm PLLC, we offer one-on-one assistance for clients looking to get criminal records expunged and sealed. We also handle a wide variety of criminal cases, including DUI, violent crimes, drug crimes, sex crimes, and more. We are available 24/7 to address client concerns.

What Is Expungement?

Expungement is the legal process of removing an arrest or charge from a person's criminal record. In Virginia, expungement is available for certain charges that did not result in a conviction, including cases that were dismissed or resulted in an acquittal. A person who was charged but not convicted may still carry that record in a way that appears on background checks, and expungement provides a path to clearing it.

Virginia's expungement law was significantly expanded in recent years. People with certain deferred dispositions and other qualifying outcomes became eligible to petition for expungement under updated standards. An attorney can review the specific outcome of a prior case and determine whether expungement is available and what the process involves.

What Is Record Sealing?

Record sealing is distinct from expungement. Rather than removing a record entirely, sealing restricts access to it. A sealed record is not visible to the general public or most employers conducting background checks, but it may still be accessible to law enforcement and certain government agencies. For many people, sealing provides meaningful relief by limiting the practical impact a record has on employment, housing, and other opportunities.

Virginia has expanded its record sealing framework in recent years, and the categories of convictions eligible for sealing have grown. Some records are sealed automatically without requiring a petition, while others require a person to take affirmative steps to seek relief. Understanding which category a conviction falls into is an important first step.

What Convictions Are Eligible for Automatic Sealing in Virginia?

Beginning July 1, 2026, certain convictions in Virginia will be automatically sealed without requiring the person to file a petition. The offenses eligible for automatic sealing include petit larceny, concealing merchandise, three categories of trespass, misdemeanor distribution of marijuana, and disorderly conduct.

However, automatic sealing is not available to everyone convicted of these offenses. Two conditions must be met. First, at least seven years must have passed since the date of the conviction. Second, the person must not have been convicted of any other offense during that period, and the prior conviction must not include another offense that falls outside the eligible categories.

If both conditions are satisfied, the sealing process occurs without any action required from the person convicted. For those who do not qualify for automatic sealing, a separate petition process may still be available depending on the circumstances.

It is also worth noting that sealing does not carry the same effect as expungement. A sealed conviction is not erased, and certain agencies and employers may still have access to sealed records in specific circumstances. Understanding the difference between the two and which outcome is achievable in a given situation is something an attorney can help clarify.

Contact a Virginia Beach Expungement Attorney

A prior record can create obstacles that follow a person long after a case is resolved. Our firm is here to help in whatever way we can. Call 757-724-0073 or contact our Virginia Beach, VA expungement lawyer today to schedule a free consultation with Castellano Law Firm PLLC.