✓ Law Verified August 2026
A Virginia eviction record can block apartment applications for years — often regardless of how the case actually ended. This guide answers the question directly for Virginia: whether a sealing law exists here, exactly how to use it if it does, and the real alternatives if it does not. Verified against official Virginia sources as of August 2026.
In This Virginia Guide:
How the Virginia Sealing Law Works
| The law | Virginia Code § 8.01-130.01 (Unlawful detainer; expungement) — originally enacted by SB 640 (2020 Session) with a delayed effective date of January 1, 2022, then amended by HB 73 (2024 Session, Chapter 372) to create automatic expungement effective July 1, 2024 |
| Who qualifies | Unlawful detainer (eviction) cases filed in Virginia General District Court where NO order of possession was entered against the tenant, in three situations: (1) the case was dismissed and 30 days have passed; (2) the landlord took a voluntary nonsuit (voluntarily dropped the case) and 6 months have passed; (3) judgment was entered in favor of the defendant tenant (tenant won). Cases where the landlord won a judgment or where an order of possession was entered do NOT qualify — those cannot be expunged under this statute. |
| Automatic or petition | BOTH, depending on the case. AUTOMATIC for unlawful detainers commenced on or after July 1, 2024 that were dismissed (after 30 days) or nonsuited (after 6 months) with no order of possession — the court enters the expungement order without any petition and without a hearing. PETITION required in two situations: (a) cases where judgment was entered in the tenant’s favor (tenant won on the merits) — these are never automatic, but if the tenant files the petition the court must expunge without a hearing; (b) cases commenced BEFORE July 1, 2024 for which the court still has records — the tenant files a petition in the General District Court where the case was filed, and the court orders expungement without a hearing once it finds the requirements are met. |
| Waiting period | 30 days after the order of dismissal is entered; 6 months after a voluntary nonsuit is taken (this tracks the recommencement window under § 8.01-229). No waiting period is stated in the statute for a case where judgment was entered in the tenant’s favor. |
| Cost | 0 |
Step by Step: Sealing Your Virginia Eviction Record
If your case qualifies for automatic expungement (dismissed or nonsuited on or after July 1, 2024, no order of possession), you file nothing — the General District Court is supposed to enter the order on its own; you may want to check the case in the court’s online case search after the 30-day or 6-month window to confirm it is gone.
Otherwise: (1) get Form DC-425, Petition for Expungement of Unlawful Detainer, from the Virginia courts forms site or the clerk’s office;
(2) fill in the underlying case number, the court, your name as petitioner, the address of the rental property, the plaintiff landlord’s name, and the date the dismissal, nonsuit, or judgment in your favor was entered; (3) file it with the clerk of the General District Court where the unlawful detainer was filed — NOT a different court;
(4) no hearing is required — the statute directs the court to expunge without a hearing once the requirements are met.
Many tenants handle this without a lawyer, and Virginia legal aid programs help with it; check with your court about local filing procedure.
What sealing actually does: An expungement order removes the unlawful detainer from the court’s records for that case, so it should stop appearing in the General District Court’s public case file and in the Virginia online case information system that tenant screening companies scrape. That is what makes the case invisible to future landlords going forward.
Important limit: the statute directs the court to expunge court records — it does not by its own terms force a private tenant screening company that already copied the record to delete it, and it does not erase a landlord’s own memory or private records. Whether a Virginia tenant may lawfully answer “no record” to a rental application after expungement is UNVERIFIED under this statute.
If an expunged case still shows up on a screening report, the practical fix is an FCRA dispute (below), attaching a copy of the expungement order. You may be able to clear the record this way, but check with your court and, if possible, a legal aid attorney.
Why A Virginia Eviction Record Follows You — and For How Long
An eviction case becomes a public court record the day it is filed — even if you won, even if it was dismissed, even if you moved out voluntarily before the hearing. Tenant screening companies copy these records in bulk and resell them to landlords, which is how a Virginia eviction record from years ago can quietly sink a rental application today.
Under federal reporting rules these records generally stop appearing on screening reports after seven years, but the public court file itself can remain searchable far longer unless it is sealed.
That is why the filing itself, not just the outcome, is what matters — and why sealing laws are spreading state by state. Most landlords never read the court file; they read the one-line summary a screening company sells them. Getting the Virginia eviction record sealed, corrected, or accurately described is what changes that one line.
Check Your Virginia Eviction Record First
Before filing anything, find out what your Virginia eviction record really looks like to a landlord. Search the online case index for the court where the eviction was filed, and request your file from the major tenant screening companies — you are entitled to it.
Tenants are often surprised in both directions: some discover the case they worry about was never reported, others find a case they had forgotten, or one that is not even theirs.
Knowing exactly what appears, and how it is described, tells you whether to pursue sealing, a dispute, or both.
Screening reports are also where errors live. A dismissed case reported as an eviction, an old address matched to the wrong person, or a paid judgment still shown as owing are all fixable — and fixing the report is sometimes faster than any court process in Virginia.
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Your Federal Rights Against Tenant Screening Companies
Tenant screening companies are consumer reporting agencies under the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), so a Virginia tenant has these rights regardless of expungement.
If you are denied housing, charged a higher deposit, or given any other adverse action because of a screening report, the landlord must give you an adverse action notice naming the screening company, and you then have 60 days to request a FREE copy of that report from the company.
You are also entitled to one free file disclosure every 12 months. To dispute a wrong or outdated eviction entry, send a written dispute to the screening company identifying each incorrect item and enclosing proof — a copy of the expungement order, the dismissal order, the nonsuit order, or the judgment in your favor.
The company then has 30 days to reinvestigate (extended to 45 days if you send additional documents during the 30-day window), and it must delete or correct information it cannot verify as accurate. Send disputes by certified mail with return receipt and keep copies.
Also note the FCRA’s 7-year reporting limit for most adverse civil judgments and civil suit records — an eviction case older than 7 years generally should not be reported at all.
Ask the company in writing to send corrected reports to anyone who received the report in the last 6 months.
Timing matters more than tenants expect. If you are apartment-hunting right now, start the screening-report disputes today — they run on federal deadlines and cost nothing — while any Virginia court process moves in parallel. If the move is months away, that is enough time for most sealing petitions, vacated judgments, or corrected reports to finish before a landlord ever pulls your Virginia eviction record.
Worth watching in Virginia: No pending 2026 Virginia bill specifically expanding eviction-record sealing to cases where the landlord won a judgment was verified. Note a common point of confusion: Virginia’s new criminal “Clean Slate” record sealing law takes effect July 1, 2026, but it covers CRIMINAL records under Title 19.2 and does NOT apply to unlawful detainer / eviction cases, which are civil and governed only by § 8.01-130.01.
Also, the older criminal expungement statute § 19.2-392.2 does not reach eviction cases.
Two practical Virginia-specific points: the case must have been filed in General District Court, and the single biggest disqualifier is an order of possession — if the court entered one, expungement is unavailable even if you later moved out voluntarily or paid everything owed.
Tenants with a judgment against them may still be able to ask the court to vacate a default judgment (a written motion filed promptly, explaining why you missed court and that you have a defense) or note an appeal to Circuit Court within 10 days of judgment; if either succeeds and the case ends in dismissal or nonsuit with no order of possession, the case may then become expungement-eligible.
Tenants can also try to negotiate a dismissal or nonsuit with the landlord in exchange for payment or moveout rather than letting a judgment be entered — a nonsuited or dismissed case can be expunged, a judgment cannot. No county pilot programs verified.
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You May Also Like
Official Virginia Sources & Resources
- Virginia Courts Self-Help: selfhelp.vacourts.gov/page/10/landlord-tenant
- Virginia Statute: law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-1…
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Taking Control of Your Virginia Eviction Record
A Virginia eviction record is not a life sentence — it is a document, and documents can be sealed, corrected, or accurately explained. The tenants who struggle longest are usually the ones who never look at what their Virginia eviction record actually says, so start by pulling the court file and your screening reports.
Whether Virginia offers sealing or only the federal dispute route, acting on the Virginia eviction record beats hoping landlords will not check — they almost always do. A short, honest cover letter to a prospective landlord explaining the circumstances can also do real work while the record process runs.
This Virginia eviction record guide was last verified against official sources in August 2026. Sealing laws are changing fast — new states pass them every year, so re-check before relying on this page.
More Virginia Tenant Rights Guides
- Virginia Tenant Rights
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- Virginia Security Deposit Law
- Virginia Rent Increase Laws
- Virginia Repairs & Habitability
- Breaking a Lease in Virginia
- Eviction Timeline Calculator
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.