{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.11.html"}],"law_id":59687,"edition_id":1,"section_id":59687,"structure_id":15629,"section_number":"19.2-392.11","catch_line":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","history":"2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nOn at least an annual basis, the Department of State Police shall electronically review the Central Criminal Records Exchange and identify all persons with finalized misdemeanor case dispositions with an offense date on or after January 1, 1986, that resulted in (i) an acquittal, (ii) a nolle prosequi, or (iii) a dismissal, excluding any charge that was deferred and dismissed after a finding of facts sufficient to justify a finding of guilt, where the criminal history record of such person contains no convictions for any criminal offense for a violation of any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390and where such criminal history record contains no arrests or charges for a violation of any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390in the past three years, excluding traffic infractions under Title 46.2. For purposes of this subsection, any offense on the person&#8217;s criminal history record that has previously been ordered to be sealed shall not be deemed a conviction.B\n\nUpon identification of the finalized case dispositions under subsection A, the Department of State Police shall provide an electronic list of such offenses to the Executive Secretary of the Supreme Court and to any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of &#xA7; 17.1-502. The Department of State Police shall not be required to include an offense on such list if it cannot be determined by an electronic review whether the offense is eligible for automatic sealing.C\n\nUpon receipt of the electronic list from the Department of State Police provided under subsection B, on at least an annual basis the Executive Secretary of the Supreme Court shall provide an electronic list of such offenses to the clerk of each circuit court in the jurisdiction where the case was finalized, if such circuit court clerk participates in the case management system maintained by the Executive Secretary.D\n\nUpon receipt of the electronic list provided under subsection B or C, on at least an annual basis the clerk of each circuit court shall prepare an order and the chief judge or presiding judge of that circuit court shall enter such order directing that the offenses be automatically sealed under the process described in &#xA7; 19.2-392.13.Such order shall contain the names of the persons charged with such offenses. The clerk of each circuit court shall maintain a copy of all orders entered pursuant to this subsection under seal.E\n\nThe clerk of each circuit court shall provide an electronic notification of any order entered under subsection D to the Department of State Police on at least an annual basis. Upon receipt of such electronic notification, the Department of State Police shall proceed as set forth in &#xA7; 19.2-392.13.F\n\nAny order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in &#xA7; 19.2-392.13and pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128and procedures adopted pursuant to &#xA7; 9.1-134.G\n\nThis section shall not be construed as prohibiting a person from seeking expungement in the circuit court pursuant to the provisions of &#xA7; 19.2-392.2.Entry of a sealing order pursuant to this section shall not prohibit a person from seeking expungement in the circuit court pursuant to the provisions of &#xA7; 19.2-392.2.H\n\nIf an offense is automatically sealed contrary to law, the automatic sealing of that particular offense shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense.","order_by":null,"text":{"0":{"id":218579,"text":"On at least an annual basis, the Department of State Police shall electronically review the Central Criminal Records Exchange and identify all persons with finalized misdemeanor case dispositions with an offense date on or after January 1, 1986, that resulted in (i) an acquittal, (ii) a nolle prosequi, or (iii) a dismissal, excluding any charge that was deferred and dismissed after a finding of facts sufficient to justify a finding of guilt, where the criminal history record of such person contains no convictions for any criminal offense for a violation of any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390and where such criminal history record contains no arrests or charges for a violation of any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390in the past three years, excluding traffic infractions under Title 46.2. For purposes of this subsection, any offense on the person&#8217;s criminal history record that has previously been ordered to be sealed shall not be deemed a conviction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218580,"text":"Upon identification of the finalized case dispositions under subsection A, the Department of State Police shall provide an electronic list of such offenses to the Executive Secretary of the Supreme Court and to any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of &#xA7; 17.1-502. The Department of State Police shall not be required to include an offense on such list if it cannot be determined by an electronic review whether the offense is eligible for automatic sealing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218581,"text":"Upon receipt of the electronic list from the Department of State Police provided under subsection B, on at least an annual basis the Executive Secretary of the Supreme Court shall provide an electronic list of such offenses to the clerk of each circuit court in the jurisdiction where the case was finalized, if such circuit court clerk participates in the case management system maintained by the Executive Secretary.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218582,"text":"Upon receipt of the electronic list provided under subsection B or C, on at least an annual basis the clerk of each circuit court shall prepare an order and the chief judge or presiding judge of that circuit court shall enter such order directing that the offenses be automatically sealed under the process described in &#xA7; 19.2-392.13.Such order shall contain the names of the persons charged with such offenses. The clerk of each circuit court shall maintain a copy of all orders entered pursuant to this subsection under seal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218583,"text":"The clerk of each circuit court shall provide an electronic notification of any order entered under subsection D to the Department of State Police on at least an annual basis. Upon receipt of such electronic notification, the Department of State Police shall proceed as set forth in &#xA7; 19.2-392.13.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":218584,"text":"Any order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in &#xA7; 19.2-392.13and pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128and procedures adopted pursuant to &#xA7; 9.1-134.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":218585,"text":"This section shall not be construed as prohibiting a person from seeking expungement in the circuit court pursuant to the provisions of &#xA7; 19.2-392.2.Entry of a sealing order pursuant to this section shall not prohibit a person from seeking expungement in the circuit court pursuant to the provisions of &#xA7; 19.2-392.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":218586,"text":"If an offense is automatically sealed contrary to law, the automatic sealing of that particular offense shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15629,"edition_id":1,"name":"Sealing of Criminal History Record Information and Court Records","identifier":"23.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:57:05","date_modified":"2026-06-26 03:57:05","permalink":{"id":170525,"object_type":"structure","relational_id":15629,"identifier":"23.2","token":"19.2\/23.2","url":"\/19.2\/23.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71781,"structure_id":15629,"section_number":"19.2-392.10","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal","url":"\/19.2-392.10\/","token":"19.2\/23.2\/19.2-392.10","metadata":false},{"id":59687,"structure_id":15629,"section_number":"19.2-392.11","catch_line":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","url":"\/19.2-392.11\/","token":"19.2\/23.2\/19.2-392.11","metadata":false},{"id":74660,"structure_id":15629,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","url":"\/19.2-392.12\/","token":"19.2\/23.2\/19.2-392.12","metadata":false},{"id":76488,"structure_id":15629,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","url":"\/19.2-392.12_1\/","token":"19.2\/23.2\/19.2-392.12_1","metadata":false},{"id":72473,"structure_id":15629,"section_number":"19.2-392.12:2","catch_line":"(Effective July 1, 2026) Annual report","url":"\/19.2-392.12_2\/","token":"19.2\/23.2\/19.2-392.12_2","metadata":false},{"id":84075,"structure_id":15629,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","url":"\/19.2-392.13\/","token":"19.2\/23.2\/19.2-392.13","metadata":false},{"id":70011,"structure_id":15629,"section_number":"19.2-392.14","catch_line":"(Effective July 1, 2026) Disclosure of sealed records; penalty","url":"\/19.2-392.14\/","token":"19.2\/23.2\/19.2-392.14","metadata":false},{"id":61027,"structure_id":15629,"section_number":"19.2-392.15","catch_line":"(Effective July 1, 2026) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty","url":"\/19.2-392.15\/","token":"19.2\/23.2\/19.2-392.15","metadata":false},{"id":61686,"structure_id":15629,"section_number":"19.2-392.16","catch_line":"(Effective July 1, 2026) Dissemination of criminal history records and traffic history records by business screening services","url":"\/19.2-392.16\/","token":"19.2\/23.2\/19.2-392.16","metadata":false},{"id":80433,"structure_id":15629,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","url":"\/19.2-392.17\/","token":"19.2\/23.2\/19.2-392.17","metadata":false},{"id":83552,"structure_id":15629,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","url":"\/19.2-392.5\/","token":"19.2\/23.2\/19.2-392.5","metadata":false},{"id":82865,"structure_id":15629,"section_number":"19.2-392.6","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in conviction","url":"\/19.2-392.6\/","token":"19.2\/23.2\/19.2-392.6","metadata":false},{"id":86101,"structure_id":15629,"section_number":"19.2-392.6:1","catch_line":"(Effective July 1, 2026) Sealing of former possession of marijuana offenses without entry of a court order","url":"\/19.2-392.6_1\/","token":"19.2\/23.2\/19.2-392.6_1","metadata":false},{"id":60343,"structure_id":15629,"section_number":"19.2-392.7","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition","url":"\/19.2-392.7\/","token":"19.2\/23.2\/19.2-392.7","metadata":false},{"id":77668,"structure_id":15629,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","url":"\/19.2-392.8\/","token":"19.2\/23.2\/19.2-392.8","metadata":false},{"id":67864,"structure_id":15629,"section_number":"19.2-392.9","catch_line":"Repealed","url":"\/19.2-392.9\/","token":"19.2\/23.2\/19.2-392.9","metadata":false}],"previous_section":{"id":71781,"structure_id":15629,"section_number":"19.2-392.10","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal","url":"\/19.2-392.10\/","token":"19.2\/23.2\/19.2-392.10","metadata":false},"next_section":{"id":74660,"structure_id":15629,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","url":"\/19.2-392.12\/","token":"19.2\/23.2\/19.2-392.12","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.11\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0554\">554<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0555\">555<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0634\">634<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0671\">671<\/a>.<\/p>","references":[{"id":62281,"section_number":"17.1-293.1","catch_line":"(Effective July 1, 2026) Online case information system; exceptions","order_by":null,"url":"\/17.1-293.1\/"},{"id":79916,"section_number":"17.1-502","catch_line":"(Effective July 1, 2026) Administrator of circuit court system","order_by":null,"url":"\/17.1-502\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":70011,"section_number":"19.2-392.14","catch_line":"(Effective July 1, 2026) Disclosure of sealed records; penalty","order_by":null,"url":"\/19.2-392.14\/"},{"id":61686,"section_number":"19.2-392.16","catch_line":"(Effective July 1, 2026) Dissemination of criminal history records and traffic history records by business screening services","order_by":null,"url":"\/19.2-392.16\/"},{"id":83552,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","order_by":null,"url":"\/19.2-392.5\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"}],"refers_to":[{"id":79916,"section_number":"17.1-502","catch_line":"(Effective July 1, 2026) Administrator of circuit court system","order_by":null,"url":"\/17.1-502\/"}],"permalink":{"id":170531,"object_type":"law","relational_id":59687,"identifier":"19.2-392.11","token":"19.2\/23.2\/19.2-392.11","url":"\/19.2-392.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.11\/","token":"19.2\/23.2\/19.2-392.11","dublin_core":{"Title":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> On at least an annual basis, the Department of State Police shall electronically review the Central Criminal Records Exchange and identify all persons with finalized <span class=\"dictionary\">misdemeanor<\/span> case <span class=\"dictionary\">dispositions<\/span> with an <span class=\"dictionary\">offense<\/span> date on or after January 1, 1986, that resulted in (i) an <span class=\"dictionary\">acquittal<\/span>, (ii) a <span class=\"dictionary\">nolle prosequi<\/span>, or (iii) a <span class=\"dictionary\">dismissal<\/span>, excluding any charge that was deferred and dismissed after a <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">facts<\/span> sufficient to justify a <span class=\"dictionary\">finding<\/span> of guilt, where the criminal history record of such person contains no <span class=\"dictionary\">convictions<\/span> for any criminal <span class=\"dictionary\">offense<\/span> for a violation of any <span class=\"dictionary\">law<\/span> of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390and where such criminal history record contains no <span class=\"dictionary\">arrests<\/span> or charges for a violation of any <span class=\"dictionary\">law<\/span> of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390in the past three years, excluding traffic infractions under Title 46.2. For purposes of this subsection, any <span class=\"dictionary\">offense<\/span> on the person&#8217;s criminal history record that has previously been ordered to be <span class=\"dictionary\">sealed<\/span> shall not be deemed a <span class=\"dictionary\">conviction<\/span>. <a id=\"paragraph-218579\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon identification of the finalized case <span class=\"dictionary\">dispositions<\/span> under subsection A, the Department of State Police shall provide an electronic list of such <span class=\"dictionary\">offenses<\/span> to the Executive Secretary of the Supreme <span class=\"dictionary\">Court<\/span> and to any <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Administrator of circuit court system\" href=\"\/17.1-502\/\">17.1-502<\/a>. The Department of State Police shall not be required to include an <span class=\"dictionary\">offense<\/span> on such list if it cannot be determined by an electronic review whether the <span class=\"dictionary\">offense<\/span> is eligible for automatic sealing. <a id=\"paragraph-218580\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Upon receipt of the electronic list from the Department of State Police provided under subsection B, on at least an annual basis the Executive Secretary of the Supreme <span class=\"dictionary\">Court<\/span> shall provide an electronic list of such <span class=\"dictionary\">offenses<\/span> to the clerk of each <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> in the <span class=\"dictionary\">jurisdiction<\/span> where the case was finalized, if such <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> clerk participates in the case management system maintained by the Executive Secretary. <a id=\"paragraph-218581\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Upon receipt of the electronic list provided under subsection B or C, on at least an annual basis the clerk of each <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall prepare an <span class=\"dictionary\">order<\/span> and the <span class=\"dictionary\">chief judge<\/span> or presiding judge of that <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall enter such <span class=\"dictionary\">order<\/span> directing that the <span class=\"dictionary\">offenses<\/span> be automatically <span class=\"dictionary\">sealed<\/span> under the process described in &#xA7; 19.2-392.13.Such <span class=\"dictionary\">order<\/span> shall contain the names of the persons charged with such <span class=\"dictionary\">offenses<\/span>. The clerk of each <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall maintain a copy of all <span class=\"dictionary\">orders<\/span> entered pursuant to this subsection under seal. <a id=\"paragraph-218582\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The clerk of each <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall provide an electronic notification of any <span class=\"dictionary\">order<\/span> entered under subsection D to the Department of State Police on at least an annual basis. Upon receipt of such electronic notification, the Department of State Police shall proceed as set forth in &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records\" href=\"\/19.2-392.13\/\">19.2-392.13<\/a>. <a id=\"paragraph-218583\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any <span class=\"dictionary\">order<\/span> to seal issued pursuant to this section shall be <span class=\"dictionary\">sealed<\/span> and may only be disseminated for the purposes set forth in &#xA7; 19.2-392.13and pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128and procedures adopted pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of criminal history record information\" href=\"\/9.1-134\/\">9.1-134<\/a>. <a id=\"paragraph-218584\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> This section shall not be construed as prohibiting a person from seeking expungement in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> pursuant to the provisions of &#xA7; 19.2-392.2.Entry of a sealing <span class=\"dictionary\">order<\/span> pursuant to this section shall not prohibit a person from seeking expungement in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> pursuant to the provisions of &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Expungement of police and court records\" href=\"\/19.2-392.2\/\">19.2-392.2<\/a>. <a id=\"paragraph-218585\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> If an <span class=\"dictionary\">offense<\/span> is automatically <span class=\"dictionary\">sealed<\/span> contrary to <span class=\"dictionary\">law<\/span>, the automatic sealing of that particular <span class=\"dictionary\">offense<\/span> shall be voidable upon <span class=\"dictionary\">motion<\/span> and notice made within two years of the entry of the <span class=\"dictionary\">order<\/span> to automatically seal such <span class=\"dictionary\">offense<\/span>. <a id=\"paragraph-218586\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.11\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) AUTOMATIC SEALING OF MISDEMEANOR OFFENSES RESULTING IN\nACQUITTAL, NOLLE PROSEQUI, OR DISMISSAL FOR PERSONS WITH NO CONVICTIONS OR\nDEFERRED AND DISMISSED OFFENSES ON THEIR CRIMINAL HISTORY RECORD (\u00a7\n19.2-392.11)\n\nA. On at least an annual basis, the Department of State Police shall\nelectronically review the Central Criminal Records Exchange and identify all\npersons with finalized misdemeanor case dispositions with an offense date on or\nafter January 1, 1986, that resulted in (i) an acquittal, (ii) a nolle prosequi,\nor (iii) a dismissal, excluding any charge that was deferred and dismissed after\na finding of facts sufficient to justify a finding of guilt, where the criminal\nhistory record of such person contains no convictions for any criminal offense\nfor a violation of any law of the Commonwealth that requires a report to the\nCentral Criminal Records Exchange under subsection A of &#xA7; 19.2-390and where\nsuch criminal history record contains no arrests or charges for a violation of\nany law of the Commonwealth that requires a report to the Central Criminal\nRecords Exchange under subsection A of &#xA7; 19.2-390in the past three years,\nexcluding traffic infractions under Title 46.2. For purposes of this subsection,\nany offense on the person&#8217;s criminal history record that has previously\nbeen ordered to be sealed shall not be deemed a conviction.\n\nB. Upon identification of the finalized case dispositions under subsection A,\nthe Department of State Police shall provide an electronic list of such offenses\nto the Executive Secretary of the Supreme Court and to any circuit court clerk\nwho maintains a case management system that interfaces with the Department of\nState Police under subsection B1 of &#xA7; 17.1-502. The Department of State\nPolice shall not be required to include an offense on such list if it cannot be\ndetermined by an electronic review whether the offense is eligible for automatic\nsealing.\n\nC. Upon receipt of the electronic list from the Department of State Police\nprovided under subsection B, on at least an annual basis the Executive Secretary\nof the Supreme Court shall provide an electronic list of such offenses to the\nclerk of each circuit court in the jurisdiction where the case was finalized, if\nsuch circuit court clerk participates in the case management system maintained\nby the Executive Secretary.\n\nD. Upon receipt of the electronic list provided under subsection B or C, on at\nleast an annual basis the clerk of each circuit court shall prepare an order and\nthe chief judge or presiding judge of that circuit court shall enter such order\ndirecting that the offenses be automatically sealed under the process described\nin &#xA7; 19.2-392.13.Such order shall contain the names of the persons charged\nwith such offenses. The clerk of each circuit court shall maintain a copy of all\norders entered pursuant to this subsection under seal.\n\nE. The clerk of each circuit court shall provide an electronic notification of\nany order entered under subsection D to the Department of State Police on at\nleast an annual basis. Upon receipt of such electronic notification, the\nDepartment of State Police shall proceed as set forth in &#xA7; 19.2-392.13.\n\nF. Any order to seal issued pursuant to this section shall be sealed and may\nonly be disseminated for the purposes set forth in &#xA7; 19.2-392.13and\npursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128and\nprocedures adopted pursuant to &#xA7; 9.1-134.\n\nG. This section shall not be construed as prohibiting a person from seeking\nexpungement in the circuit court pursuant to the provisions of &#xA7;\n19.2-392.2.Entry of a sealing order pursuant to this section shall not prohibit\na person from seeking expungement in the circuit court pursuant to the\nprovisions of &#xA7; 19.2-392.2.\n\nH. If an offense is automatically sealed contrary to law, the automatic sealing\nof that particular offense shall be voidable upon motion and notice made within\ntwo years of the entry of the order to automatically seal such offense.\n\nHISTORY: 2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634,\n671.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}