Sep 19, 2026
Virginia's Clean Slate Act took effect July 1, 2026. Arlington criminal defense attorney David Deane explains what is already sealed, what changes October 1, and why residents with qualifying convictions should not wait to file a sealing petition.
Arlington, United States, September 19, 2026 -- 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."

David Deane, founder of David Deane Law, brings more than 25 years of criminal defense experience to clients in Arlington and Fairfax.
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.
Contact Info:
Name: David Deane
Email: Send Email
Organization: David Deane Law
Address: 1100 N Glebe Rd #1010, Arlington, VA 22201
Phone: (703) 596-9946
Website: https://daviddeanelaw.com
Release ID: 89203769
If you encounter any issues, discrepancies, or concerns regarding the content provided in this press release, or if there is a need for a press release takedown, we urge you to notify us without delay at [email protected] (it is important to note that this email is the authorized channel for such matters, sending multiple emails to multiple addresses does not necessarily help expedite your request). Our expert team will be available to promptly respond within 8 hours – ensuring swift resolution of identified issues or offering guidance on removal procedures. Delivering accurate and reliable information is fundamental to our mission.
Korea and the United States pledged to reinforce cooperation to accelerate the transition of wartime operational control (OPCON) to Seoul from Washington during their senior-level defense talks this week, a joint statement said Friday. The allies held the 29th Korea-U.S. Integrated Defense Dialogue (KIDD) in Korea's southeastern city of Busan from Wednesday to Friday, as President Lee Jae Myung's administration seeks to retake wartime OPCON before the end of its term in 2030. "Both sides evaluated the work to modernize the alliance in the face of an evolving security environment," they said in the statement. "They also assessed progress on the Conditions-based Wartime Operational Control Transition Plan, and pledged to strengthen cooperation to accelerate the transition of wartime OPCON," they added. Seoul and Washington have been working on the conditions-based OPCON transfer since they agreed on it in October 2014. The conditions include Korea's capabilities to lead combined Korea-U.S. forces, its strike and air defense capabilities, and a regional security environment conducive to suc
Just got a new iPhone 18 Pro or Pro Max? You’ll want to read this first before setting it up.
Betting big on its durability is the Poco X8’s IP-rated resistances. Yes, multiple ones.
The shark has been identified and when conditions allow, it will be killed to recover any coronial evidence.
Senate Bill 954 would have rolled back parts of last year's controversial overhaul of CEQA that allowed for advanced manufacturing facilities to be sited in communities without environmental review.
An overflowing pool caused a hillside to partially collapse in Hollywood Hills on Friday, prompting evacuations, according to authorities.
Korea and the United States pledged to reinforce cooperation to accelerate the transition of wartime operational control (OPCON) to Seoul from Washington during their senior-level defense talks this week, a joint statement said Friday. The allies held the 29th Korea-U.S. Integrated Defense Dialogue (KIDD) in Korea's southeastern city of Busan from Wednesday to Friday (Korea time), as Korean President Lee Jae Myung's administration seeks to retake wartime OPCON before the end of its term in 2030. "Both sides evaluated the work to modernize the alliance in the face of an evolving security environment," they said in the statement. "They also assessed progress on the Conditions-based Wartime Operational Control Transition Plan, and pledged to strengthen cooperation to accelerate the transition of wartime OPCON," they added. Seoul and Washington have been working on the conditions-based OPCON transfer since they agreed on it in October 2014. The conditions include Korea's capabilities to lead combined Korea-U.S. forces, its strike and air defense capabilities, and a regional security environm
Dean Hurlston hailed the County Court judgment as a win for democratic scrutiny of elected officials after Stonnington Mayor Melina Sehr was granted a court order last year.
Xiaomi’s new wide-screen foldable will launch in China on 7 September.
Luis Guzman, of Guatemala, enrolled in a degree that is among the most popular with students from overseas.
Andrew and Lisa Cook were excited to live in their dream apartment. It soon turned into a nightmare.
The billionaire is among the young entrepreneurs seeking to cash in on more business-friendly policies overseas. But experts warn that the plan is not always so simple.
YOUR NEWS, OUR NETWORK.
Do you have Great News you want to tell the world?
Be it updates about your business or your community, you can make sure that it’s heard by submitting your story to our network reaching hundreds of news sites across 6 verticals.