Sealing an Eviction Record in Virginia: Steps for Renters

If you’ve faced an eviction in Virginia, you may be worried about your rental history affecting future housing opportunities. Fortunately, Virginia law offers certain renters a way to seal an eviction record under specific circumstances. This guide covers who qualifies, how the process works, what forms you’ll need, and where to find official support—all in clear, straightforward language.

Understanding Eviction Records and Sealing in Virginia

Eviction records are part of the public court record system in Virginia. They can impact your ability to rent a new home, as potential landlords often check these records. Sealing an eviction record means making the court record unavailable to the public, which can help protect your rental future. The process is overseen by the Virginia General District Court, which handles most landlord-tenant disputes.

Who Can Request to Seal an Eviction Record?

Virginia landlords and tenants can request the sealing of eviction records under certain circumstances, including:

• The case was dismissed or you won the eviction case.
• The court ruled in your favor.
• Your eviction case was based on COVID-19-related nonpayment and you meet eligibility requirements under recent Virginia law.

It’s important to carefully review eligibility according to Virginia Code § 8.01-130.3, which addresses sealing of unlawful detainer (eviction) cases.^[1]

How to Seal Your Eviction Record: Step-by-Step

Below are the steps to request sealing of an eviction record from Virginia courts:

1. Get the Right Court Form

• Form Name: Motion to Seal Unlawful Detainer (Eviction) Case
• Form Number: There is no standard statewide form, but many Virginia General District Courts provide templates. Check with the clerk at the court where your case was heard or use an official form if provided on the Virginia General District Court Forms page.
• Example: If your case was dismissed, you can request the clerk for the specific “Motion to Seal” paperwork or guidance.

2. Complete and File the Motion

• Fill out the motion form accurately, listing your case number and reason for requesting sealing (for example: case dismissed, not at fault, etc.).
• Submit the motion to the General District Court where your eviction case was held.

3. Attend Your Hearing (If Required)

• The court may schedule a hearing to review your request. At the hearing, be prepared to explain why your record should be sealed.
• Bring any supporting documents, like a dismissal order or evidence that the case was decided in your favor.

4. Wait for the Judge’s Decision

• If the judge approves, your eviction case will be sealed, making it inaccessible to the public and most landlords.
• If denied, you can ask the clerk if there is an appeals process.

What Happens After Sealing an Eviction Record?

Once sealed, your eviction case will not show up in background checks done by most landlords or in public online court records. However, certain government agencies and law enforcement may still access sealed records under limited circumstances.

Relevant Virginia Tenant-Landlord Legislation

• Virginia Code § 8.01-130.3 — Sealing of Unlawful Detainer (Eviction) Cases
• Virginia Residential Landlord and Tenant Act

These laws give renters important protections and outline the court’s process for sealing records.

Frequently Asked Questions

1. Can all eviction cases in Virginia be sealed?
   Not all cases qualify. The eviction must meet specific requirements, such as dismissal, a ruling in the tenant’s favor, or COVID-19 financial hardship qualifications.
2. How long does it take to seal an eviction record?
   Processing times vary by court, but it can take several weeks from filing your motion to receiving a decision. Check with your court clerk for time estimates.
3. Do I need a lawyer to seal my eviction record?
   No, you do not need a lawyer. However, legal support or free tenant resources can help you complete your motion accurately.
4. Will a sealed record appear on background checks?
   No, sealed eviction records are not visible to the public or most landlords performing background checks.
5. Is there a fee to file a motion to seal in Virginia?
   Some courts may charge a small filing fee. Always check with your local General District Court for fee details and possible waivers.

Key Takeaways for Virginia Renters

• Virginia law allows some renters to seal qualifying eviction records.
• The process involves filing a motion with the General District Court and possibly attending a hearing.
• Getting a sealed record increases your chances of obtaining safe, affordable housing by protecting your rental history.

Need Help? Resources for Renters

• Virginia General District Court Locator: Find your local court’s contact info, forms, and resources.
• Virginia Legal Aid: Free legal help and tenant resources statewide.
• Virginia Department of Housing and Community Development: Information on tenant rights, local programs, and housing assistance.
• Read the Virginia Residential Landlord and Tenant Act: Know your rights in detail.

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1. See Virginia Code § 8.01-130.3 – Sealing of Eviction Cases
2. Virginia General District Court Information
3. Virginia Residential Landlord and Tenant Act
4. Official Court Forms for General District Court

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