{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.12.html"}],"law_id":74660,"edition_id":1,"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","history":"2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nExcept as provided in subsection L, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95, where the offense date for such misdemeanor or felony was on or after January 1, 1986, may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records related to the charge or conviction. In addition to requesting the sealing of a charge or conviction, such petition may also request the sealing of any specifically identified ancillary matter related to such charge or conviction.B\n\nA person shall not be required to pay any court fees or costs for filing a petition pursuant to this section.C\n\nThe petition with a copy of the warrant, summons, or indictment, if reasonably available, shall be filed in the circuit court of the county or city in which the case was disposed of and shall contain, except when not reasonably available, the date of arrest, the name of the arresting agency, the date of conviction or deferred dismissal, and the case number associated with each court record that is the subject of the petition. When this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the charge or conviction and any ancillary matters to be sealed; the date of final disposition of the charge or conviction and any ancillary matters as set forth in the petition; the petitioner’s date of birth, sex, race, and social security number, if available; and the full name used by the petitioner at the time of arrest or summons. A petition may request the sealing of the criminal history record information and court records for multiple charges or convictions and ancillary matters as set forth in subsection A provided that all such charges and convictions arose out of the same transaction or occurrence and all such charges and convictions are eligible for sealing. A petition may not request the sealing of the criminal history record information and court records for multiple charges or convictions that arose out of different transactions or occurrences, except that ancillary matters shall not be treated as separate transactions or occurrences. A petitioner may only have two petitions granted pursuant to this section within his lifetime.D\n\nThe Commonwealth shall be made party to the proceeding. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 30 days after it is delivered to him or received in the mail.E\n\nIn addition to the filing of the petition under subsection C, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia and national criminal history record to the circuit court in which the petition was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit court; however, if the circuit court is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit court which shall be maintained under seal by the clerk unless otherwise ordered by the court. Upon completion of the hearing, the court shall cause the criminal history record to be destroyed unless, within 30 days of the date of the entry of the final order in the matter, the petitioner or the attorney for the Commonwealth notes an appeal as provided by law in civil cases.F\n\nAfter receiving the criminal history record of the petitioner, the court may conduct a hearing on the petition. The court shall enter an order requiring the sealing of the criminal history record information and court records, including electronic records, related to the charge or conviction, only if the court finds that all criteria in subdivisions 1 through 6 are met, as follows:1\n\nThe petitioner has (i) never been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (ii) not been convicted of a Class 3 or 4 felony within the past 20 years, and (iii) not been convicted of any other felony within the past 10 years from the date the petition was filed.2\n\nDuring a period after the date of (i) dismissal of a deferred charge, (ii) conviction, (iii) release from incarceration on the charge or conviction set forth in the petition, (iv) a finding that the person was in violation of a suspended sentence, probation, or parole related to the charge or conviction set forth in the petition, or (v) release from incarceration following a finding that the person was in violation of a suspended sentence, probation, or parole related to the charge or conviction set forth in the petition, whichever date occurred later, the petitioner has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, for:\n\t\t\t\ta. Seven years for any misdemeanor offense; or\n\t\t\t\tb. Ten years for any felony offense;3\n\nIf the records relating to the offense indicate that the occurrence leading to the deferral or conviction involved the use or dependence upon alcohol or any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, the petitioner has demonstrated his rehabilitation;4\n\nIf the petitioner was ordered by a court to pay restitution as a condition of any charge, conviction, or ancillary matter that is the subject of the petition, such restitution has been paid in full;5\n\nThe petitioner has not previously obtained the sealing of two other deferrals or convictions arising out of different sentencing events under this section; and6\n\nThe continued existence and possible dissemination of information relating to the charge or conviction of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner.G\n\nIf the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) stipulates in such written notice that the petitioner is eligible to have such offense sealed, and the continued existence and possible dissemination of information relating to the charge or conviction of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner, the court may enter an order of sealing without conducting a hearing.H\n\nAny party aggrieved by the decision of the court may appeal, as provided by law in civil cases.I\n\nUpon the entry of an order of sealing, the clerk of the court shall maintain a copy of such order under seal and shall cause an electronic notification of such order to be forwarded to the Department of State Police. Such electronic notification shall contain the petitioner’s full name, date of birth, sex, race, and social security number, if available, and the full name used by the petitioner at the time of arrest or summons, as well as the petitioner’s state identification number from the criminal history record, the court case number of the charge, conviction, or ancillary matter to be sealed, if available, and the document control number, if available. The Department of State Police shall validate the accuracy of any criminal history record ordered to be sealed pursuant to this section but shall not validate whether such record is eligible for sealing. Upon receipt of such electronic notification, the Department of State Police shall seal such records in accordance with § 19.2-392.13. When sealing such charge, conviction, or ancillary matter, the Department of State Police shall include a notation on the criminal history record that such offense was sealed pursuant to this section. The Department of State Police shall also electronically notify the Office of the Executive Secretary of the Supreme Court and any other agencies and individuals known to maintain or to have obtained such a record that such record has been ordered to be sealed and may only be disseminated in accordance with § 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.J\n\nAny order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order for the sealing of records contrary to law shall be voidable upon motion and notice made within two years of the entry of such order.K\n\nA petition filed under this section and any responsive pleadings filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court. Any order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.L\n\nThe following offenses are ineligible for sealing under this section:1\n\n§§ 4.1-309.1, 5.1-13, 18.2-36, 18.2-36.1, 18.2-36.2, and 18.2-47; subsection A of § 18.2-49.1; § 18.2-51.5; subsection C of § 18.2-57; §§ 18.2-57.2, 18.2-57.3, 18.2-59.1, 18.2-60, 18.2-60.3, 18.2-60.5, 18.2-130, 18.2-130.1, 18.2-144, 18.2-144.1, 18.2-154, 18.2-178.1, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-282.1, and 18.2-324.2; former subsection B of 18.2-346; and §§ 18.2-405, 18.2-406, 18.2-472.1, 19.2-62, 29.1-738, 29.1-738.02, 29.1-738.2, 37.2-912, 40.1-100.2, 40.1-103, 46.2-341.24, and 46.2-341.26:3;2\n\nAny violation of any offense under § 9.1-902 for which registration with the Sex Offender and Crimes Against Minors Registry is required;3\n\nAny violation of any violent felony offense listed under subsection C of § 17.1-805;4\n\nAny violation of any felony offense not listed as a violent felony under subsection C of § 17.1-805 where the person utilized a firearm, as defined in § 18.2-308.2:2, as part of the transaction or occurrence in the underlying offense to be sealed, unless such person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon has been restored pursuant to § 18.2-308.2;5\n\nAny violation of an emergency, preliminary, or permanent protective order issued pursuant to Article 4 (§ 16.1-246 et seq.) of Chapter 11 of Title 16.1 or Chapter 9.1 (§ 19.2-152.7:1 et seq.) or any family abuse protective order issued pursuant to Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1;6\n\nAny violation of any hate crime as defined in § 52-8.5;7\n\nAny violation of Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title 3.2;8\n\nAny violation of Title 24.2 (§ 24.2-100 et seq.);9\n\nAny violation involving the possession and distribution of flunitrazepam pursuant to § 18.2-251.2 or the possession of Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) pursuant to § 18.2-250;10\n\nAny violation where a person was found not guilty by reason of insanity;11\n\nAny conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact, or any similar ordinance of any county, city, or town, for any offense deemed ineligible under this subsection;12\n\nAny conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact where the completed substantive offense would be punishable as a Class 1, 2, 3, or 4 felony or by a term of imprisonment of more than 10 years, with the exception of a violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95;13\n\nAny violation of any offense where the person was prohibited by the court from possessing or owning a companion animal as a result of the transaction or occurrence in the underlying offense to be sealed, while such prohibition remains in effect;14\n\nAny violation of Article 6 (§ 3.2-6537 et seq.) of Chapter 65 of Title 3.2 that involved a dangerous or vicious dog as a part of the transaction or occurrence in the underlying offense to be sealed, while the person continues to own or possess such dog;15\n\nAny violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;16\n\nAny violation of Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-346, former subsection A of § 18.2-346, and § 18.2-347;17\n\nAny violation of Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, with the exception of §§ 18.2-365, 18.2-371.2, 18.2-371.3, and 18.2-371.4;18\n\nAny violation of Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-388; and19\n\nAny offense where the victim of the crime to be sealed was a family or household member, as defined in § 16.1-228, of the person.M\n\nNothing in this chapter shall prohibit the circuit court from entering an order to seal a charge, conviction, or ancillary matter under this section when such charge, conviction, or ancillary matter is eligible for sealing under some other section of this chapter.","order_by":null,"text":{"0":{"id":268318,"text":"Except as provided in subsection L, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95, where the offense date for such misdemeanor or felony was on or after January 1, 1986, may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records related to the charge or conviction. In addition to requesting the sealing of a charge or conviction, such petition may also request the sealing of any specifically identified ancillary matter related to such charge or conviction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268319,"text":"A person shall not be required to pay any court fees or costs for filing a petition pursuant to this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268320,"text":"The petition with a copy of the warrant, summons, or indictment, if reasonably available, shall be filed in the circuit court of the county or city in which the case was disposed of and shall contain, except when not reasonably available, the date of arrest, the name of the arresting agency, the date of conviction or deferred dismissal, and the case number associated with each court record that is the subject of the petition. When this information is not reasonably available, the petition shall state the reason for such unavailability. The petition shall further state the charge or conviction and any ancillary matters to be sealed; the date of final disposition of the charge or conviction and any ancillary matters as set forth in the petition; the petitioner’s date of birth, sex, race, and social security number, if available; and the full name used by the petitioner at the time of arrest or summons. A petition may request the sealing of the criminal history record information and court records for multiple charges or convictions and ancillary matters as set forth in subsection A provided that all such charges and convictions arose out of the same transaction or occurrence and all such charges and convictions are eligible for sealing. A petition may not request the sealing of the criminal history record information and court records for multiple charges or convictions that arose out of different transactions or occurrences, except that ancillary matters shall not be treated as separate transactions or occurrences. A petitioner may only have two petitions granted pursuant to this section within his lifetime.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268321,"text":"The Commonwealth shall be made party to the proceeding. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition or may give written notice to the court that he does not object to the petition within 30 days after it is delivered to him or received in the mail.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268322,"text":"In addition to the filing of the petition under subsection C, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia and national criminal history record to the circuit court in which the petition was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit court; however, if the circuit court is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit court which shall be maintained under seal by the clerk unless otherwise ordered by the court. Upon completion of the hearing, the court shall cause the criminal history record to be destroyed unless, within 30 days of the date of the entry of the final order in the matter, the petitioner or the attorney for the Commonwealth notes an appeal as provided by law in civil cases.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":268323,"text":"After receiving the criminal history record of the petitioner, the court may conduct a hearing on the petition. The court shall enter an order requiring the sealing of the criminal history record information and court records, including electronic records, related to the charge or conviction, only if the court finds that all criteria in subdivisions 1 through 6 are met, as follows:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":268324,"text":"The petitioner has (i) never been convicted of a Class 1 or 2 felony or any other felony punishable by imprisonment for life, (ii) not been convicted of a Class 3 or 4 felony within the past 20 years, and (iii) not been convicted of any other felony within the past 10 years from the date the petition was filed.","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":268325,"text":"During a period after the date of (i) dismissal of a deferred charge, (ii) conviction, (iii) release from incarceration on the charge or conviction set forth in the petition, (iv) a finding that the person was in violation of a suspended sentence, probation, or parole related to the charge or conviction set forth in the petition, or (v) release from incarceration following a finding that the person was in violation of a suspended sentence, probation, or parole related to the charge or conviction set forth in the petition, whichever date occurred later, the petitioner has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, for:\n\t\t\t\ta. Seven years for any misdemeanor offense; or\n\t\t\t\tb. Ten years for any felony offense;","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"F3"},"8":{"id":268326,"text":"If the records relating to the offense indicate that the occurrence leading to the deferral or conviction involved the use or dependence upon alcohol or any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, the petitioner has demonstrated his rehabilitation;","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2,"prior_prefix":"F2","next_prefix":"F4"},"9":{"id":268327,"text":"If the petitioner was ordered by a court to pay restitution as a condition of any charge, conviction, or ancillary matter that is the subject of the petition, such restitution has been paid in full;","type":"section","prefixes":["F","4"],"prefix":"4","entire_prefix":"F4","prefix_anchor":"F4","level":2,"prior_prefix":"F3","next_prefix":"F5"},"10":{"id":268328,"text":"The petitioner has not previously obtained the sealing of two other deferrals or convictions arising out of different sentencing events under this section; and","type":"section","prefixes":["F","5"],"prefix":"5","entire_prefix":"F5","prefix_anchor":"F5","level":2,"prior_prefix":"F4","next_prefix":"F6"},"11":{"id":268329,"text":"The continued existence and possible dissemination of information relating to the charge or conviction of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner.","type":"section","prefixes":["F","6"],"prefix":"6","entire_prefix":"F6","prefix_anchor":"F6","level":2,"prior_prefix":"F5","next_prefix":"G"},"12":{"id":268330,"text":"If the attorney for the Commonwealth of the county or city in which the petition is filed (i) gives written notice to the court pursuant to subsection D that he does not object to the petition and (ii) stipulates in such written notice that the petitioner is eligible to have such offense sealed, and the continued existence and possible dissemination of information relating to the charge or conviction of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner, the court may enter an order of sealing without conducting a hearing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F6","next_prefix":"H"},"13":{"id":268331,"text":"Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"14":{"id":268332,"text":"Upon the entry of an order of sealing, the clerk of the court shall maintain a copy of such order under seal and shall cause an electronic notification of such order to be forwarded to the Department of State Police. Such electronic notification shall contain the petitioner’s full name, date of birth, sex, race, and social security number, if available, and the full name used by the petitioner at the time of arrest or summons, as well as the petitioner’s state identification number from the criminal history record, the court case number of the charge, conviction, or ancillary matter to be sealed, if available, and the document control number, if available. The Department of State Police shall validate the accuracy of any criminal history record ordered to be sealed pursuant to this section but shall not validate whether such record is eligible for sealing. Upon receipt of such electronic notification, the Department of State Police shall seal such records in accordance with § 19.2-392.13. When sealing such charge, conviction, or ancillary matter, the Department of State Police shall include a notation on the criminal history record that such offense was sealed pursuant to this section. The Department of State Police shall also electronically notify the Office of the Executive Secretary of the Supreme Court and any other agencies and individuals known to maintain or to have obtained such a record that such record has been ordered to be sealed and may only be disseminated in accordance with § 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"15":{"id":268333,"text":"Any order entered where (i) the court or parties failed to strictly comply with the procedures set forth in this section or (ii) the court enters an order for the sealing of records contrary to law shall be voidable upon motion and notice made within two years of the entry of such order.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"16":{"id":268334,"text":"A petition filed under this section and any responsive pleadings filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court. Any order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"17":{"id":268335,"text":"The following offenses are ineligible for sealing under this section:","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"L1"},"18":{"id":268336,"text":"§§ 4.1-309.1, 5.1-13, 18.2-36, 18.2-36.1, 18.2-36.2, and 18.2-47; subsection A of § 18.2-49.1; § 18.2-51.5; subsection C of § 18.2-57; §§ 18.2-57.2, 18.2-57.3, 18.2-59.1, 18.2-60, 18.2-60.3, 18.2-60.5, 18.2-130, 18.2-130.1, 18.2-144, 18.2-144.1, 18.2-154, 18.2-178.1, 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-282.1, and 18.2-324.2; former subsection B of 18.2-346; and §§ 18.2-405, 18.2-406, 18.2-472.1, 19.2-62, 29.1-738, 29.1-738.02, 29.1-738.2, 37.2-912, 40.1-100.2, 40.1-103, 46.2-341.24, and 46.2-341.26:3;","type":"section","prefixes":["L","1"],"prefix":"1","entire_prefix":"L1","prefix_anchor":"L1","level":2,"prior_prefix":"L","next_prefix":"L2"},"19":{"id":268337,"text":"Any violation of any offense under § 9.1-902 for which registration with the Sex Offender and Crimes Against Minors Registry is required;","type":"section","prefixes":["L","2"],"prefix":"2","entire_prefix":"L2","prefix_anchor":"L2","level":2,"prior_prefix":"L1","next_prefix":"L3"},"20":{"id":268338,"text":"Any violation of any violent felony offense listed under subsection C of § 17.1-805;","type":"section","prefixes":["L","3"],"prefix":"3","entire_prefix":"L3","prefix_anchor":"L3","level":2,"prior_prefix":"L2","next_prefix":"L4"},"21":{"id":268339,"text":"Any violation of any felony offense not listed as a violent felony under subsection C of § 17.1-805 where the person utilized a firearm, as defined in § 18.2-308.2:2, as part of the transaction or occurrence in the underlying offense to be sealed, unless such person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon has been restored pursuant to § 18.2-308.2;","type":"section","prefixes":["L","4"],"prefix":"4","entire_prefix":"L4","prefix_anchor":"L4","level":2,"prior_prefix":"L3","next_prefix":"L5"},"22":{"id":268340,"text":"Any violation of an emergency, preliminary, or permanent protective order issued pursuant to Article 4 (§ 16.1-246 et seq.) of Chapter 11 of Title 16.1 or Chapter 9.1 (§ 19.2-152.7:1 et seq.) or any family abuse protective order issued pursuant to Article 9 (§ 16.1-278 et seq.) of Chapter 11 of Title 16.1;","type":"section","prefixes":["L","5"],"prefix":"5","entire_prefix":"L5","prefix_anchor":"L5","level":2,"prior_prefix":"L4","next_prefix":"L6"},"23":{"id":268341,"text":"Any violation of any hate crime as defined in § 52-8.5;","type":"section","prefixes":["L","6"],"prefix":"6","entire_prefix":"L6","prefix_anchor":"L6","level":2,"prior_prefix":"L5","next_prefix":"L7"},"24":{"id":268342,"text":"Any violation of Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title 3.2;","type":"section","prefixes":["L","7"],"prefix":"7","entire_prefix":"L7","prefix_anchor":"L7","level":2,"prior_prefix":"L6","next_prefix":"L8"},"25":{"id":268343,"text":"Any violation of Title 24.2 (§ 24.2-100 et seq.);","type":"section","prefixes":["L","8"],"prefix":"8","entire_prefix":"L8","prefix_anchor":"L8","level":2,"prior_prefix":"L7","next_prefix":"L9"},"26":{"id":268344,"text":"Any violation involving the possession and distribution of flunitrazepam pursuant to § 18.2-251.2 or the possession of Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) pursuant to § 18.2-250;","type":"section","prefixes":["L","9"],"prefix":"9","entire_prefix":"L9","prefix_anchor":"L9","level":2,"prior_prefix":"L8","next_prefix":"L10"},"27":{"id":268345,"text":"Any violation where a person was found not guilty by reason of insanity;","type":"section","prefixes":["L","10"],"prefix":"10","entire_prefix":"L10","prefix_anchor":"L10","level":2,"prior_prefix":"L9","next_prefix":"L11"},"28":{"id":268346,"text":"Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact, or any similar ordinance of any county, city, or town, for any offense deemed ineligible under this subsection;","type":"section","prefixes":["L","11"],"prefix":"11","entire_prefix":"L11","prefix_anchor":"L11","level":2,"prior_prefix":"L10","next_prefix":"L12"},"29":{"id":268347,"text":"Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact, or accessory after the fact where the completed substantive offense would be punishable as a Class 1, 2, 3, or 4 felony or by a term of imprisonment of more than 10 years, with the exception of a violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95;","type":"section","prefixes":["L","12"],"prefix":"12","entire_prefix":"L12","prefix_anchor":"L12","level":2,"prior_prefix":"L11","next_prefix":"L13"},"30":{"id":268348,"text":"Any violation of any offense where the person was prohibited by the court from possessing or owning a companion animal as a result of the transaction or occurrence in the underlying offense to be sealed, while such prohibition remains in effect;","type":"section","prefixes":["L","13"],"prefix":"13","entire_prefix":"L13","prefix_anchor":"L13","level":2,"prior_prefix":"L12","next_prefix":"L14"},"31":{"id":268349,"text":"Any violation of Article 6 (§ 3.2-6537 et seq.) of Chapter 65 of Title 3.2 that involved a dangerous or vicious dog as a part of the transaction or occurrence in the underlying offense to be sealed, while the person continues to own or possess such dog;","type":"section","prefixes":["L","14"],"prefix":"14","entire_prefix":"L14","prefix_anchor":"L14","level":2,"prior_prefix":"L13","next_prefix":"L15"},"32":{"id":268350,"text":"Any violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2;","type":"section","prefixes":["L","15"],"prefix":"15","entire_prefix":"L15","prefix_anchor":"L15","level":2,"prior_prefix":"L14","next_prefix":"L16"},"33":{"id":268351,"text":"Any violation of Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-346, former subsection A of § 18.2-346, and § 18.2-347;","type":"section","prefixes":["L","16"],"prefix":"16","entire_prefix":"L16","prefix_anchor":"L16","level":2,"prior_prefix":"L15","next_prefix":"L17"},"34":{"id":268352,"text":"Any violation of Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title 18.2, with the exception of §§ 18.2-365, 18.2-371.2, 18.2-371.3, and 18.2-371.4;","type":"section","prefixes":["L","17"],"prefix":"17","entire_prefix":"L17","prefix_anchor":"L17","level":2,"prior_prefix":"L16","next_prefix":"L18"},"35":{"id":268353,"text":"Any violation of Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-388; and","type":"section","prefixes":["L","18"],"prefix":"18","entire_prefix":"L18","prefix_anchor":"L18","level":2,"prior_prefix":"L17","next_prefix":"L19"},"36":{"id":268354,"text":"Any offense where the victim of the crime to be sealed was a family or household member, as defined in § 16.1-228, of the person.","type":"section","prefixes":["L","19"],"prefix":"19","entire_prefix":"L19","prefix_anchor":"L19","level":2,"prior_prefix":"L18","next_prefix":"M"},"37":{"id":268355,"text":"Nothing in this chapter shall prohibit the circuit court from entering an order to seal a charge, conviction, or ancillary matter under this section when such charge, conviction, or ancillary matter is eligible for sealing under some other section of this chapter.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L19"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.12\/","history_text":"

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 554<\/a> and 555<\/a>; in 2025, chapters 634<\/a> and 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":79975,"section_number":"19.2-310.7","catch_line":"(Effective July 1, 2026) Expungement when DNA taken for a conviction","order_by":null,"url":"\/19.2-310.7\/"},{"id":72473,"section_number":"19.2-392.12:2","catch_line":"(Effective July 1, 2026) Annual report","order_by":null,"url":"\/19.2-392.12_2\/"},{"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":82865,"section_number":"19.2-392.6","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in conviction","order_by":null,"url":"\/19.2-392.6\/"},{"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":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":56400,"section_number":"16.1-246","catch_line":"When and how child may be taken into immediate custody","order_by":null,"url":"\/16.1-246\/"},{"id":61839,"section_number":"16.1-278","catch_line":"Cooperation of certain agencies, officials, institutions and associations","order_by":null,"url":"\/16.1-278\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":62388,"section_number":"18.2-130","catch_line":"Peeping or spying into dwelling or enclosure","order_by":null,"url":"\/18.2-130\/"},{"id":70019,"section_number":"18.2-130.1","catch_line":"Peeping or spying into dwelling or occupied building by electronic device or unmanned aircraft system; penalty","order_by":null,"url":"\/18.2-130.1\/"},{"id":78164,"section_number":"18.2-144","catch_line":"Maiming, killing or poisoning animals, fowl, etc","order_by":null,"url":"\/18.2-144\/"},{"id":60313,"section_number":"18.2-144.1","catch_line":"Prohibition against killing or injuring police animals; penalty","order_by":null,"url":"\/18.2-144.1\/"},{"id":74056,"section_number":"18.2-154","catch_line":"Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty","order_by":null,"url":"\/18.2-154\/"},{"id":64349,"section_number":"18.2-178.1","catch_line":"Financial exploitation of vulnerable adults; penalty","order_by":null,"url":"\/18.2-178.1\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":60795,"section_number":"18.2-251.2","catch_line":"Possession and distribution of flunitrazepam; enhanced penalty","order_by":null,"url":"\/18.2-251.2\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":54804,"section_number":"18.2-282.1","catch_line":"Brandishing a machete or other bladed weapon with intent to intimidate; penalty","order_by":null,"url":"\/18.2-282.1\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"id":63272,"section_number":"18.2-324.2","catch_line":"Use of unmanned aircraft system for certain purposes; penalty","order_by":null,"url":"\/18.2-324.2\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":85705,"section_number":"18.2-347","catch_line":"Keeping, residing in, or frequenting a bawdy place; \"bawdy place\" defined; penalty","order_by":null,"url":"\/18.2-347\/"},{"id":78426,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","order_by":null,"url":"\/18.2-36\/"},{"id":67930,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","order_by":null,"url":"\/18.2-36.1\/"},{"id":71288,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","order_by":null,"url":"\/18.2-36.2\/"},{"id":86356,"section_number":"18.2-362","catch_line":"Person marrying when spouse is living; penalty; venue","order_by":null,"url":"\/18.2-362\/"},{"id":73179,"section_number":"18.2-365","catch_line":"Adultery defined; penalty","order_by":null,"url":"\/18.2-365\/"},{"id":68538,"section_number":"18.2-371.2","catch_line":"Prohibiting sale or distribution, etc. of retail tobacco products and hemp products intended for smoking by persons under 21 years of age; civil penalties","order_by":null,"url":"\/18.2-371.2\/"},{"id":57919,"section_number":"18.2-371.3","catch_line":"Tattooing or body piercing of minors","order_by":null,"url":"\/18.2-371.3\/"},{"id":75915,"section_number":"18.2-371.4","catch_line":"Prohibiting the sale of novelty lighters to juveniles","order_by":null,"url":"\/18.2-371.4\/"},{"id":81551,"section_number":"18.2-372","catch_line":"\"Obscene\" defined","order_by":null,"url":"\/18.2-372\/"},{"id":85045,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","order_by":null,"url":"\/18.2-388\/"},{"id":66562,"section_number":"18.2-405","catch_line":"What constitutes a riot; punishment","order_by":null,"url":"\/18.2-405\/"},{"id":83452,"section_number":"18.2-406","catch_line":"What constitutes an unlawful assembly; punishment","order_by":null,"url":"\/18.2-406\/"},{"id":60862,"section_number":"18.2-47","catch_line":"Abduction and kidnapping defined; forced labor; punishment","order_by":null,"url":"\/18.2-47\/"},{"id":57746,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","order_by":null,"url":"\/18.2-472.1\/"},{"id":86277,"section_number":"18.2-49.1","catch_line":"Violation of court order regarding custody and visitation; penalty","order_by":null,"url":"\/18.2-49.1\/"},{"id":71114,"section_number":"18.2-51.5","catch_line":"Maiming, etc., of another resulting from operating a watercraft while intoxicated; penalty","order_by":null,"url":"\/18.2-51.5\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":59318,"section_number":"18.2-57.3","catch_line":"Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-57.3\/"},{"id":59217,"section_number":"18.2-59.1","catch_line":"Sexual extortion; penalty","order_by":null,"url":"\/18.2-59.1\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":68255,"section_number":"18.2-60.5","catch_line":"Unauthorized use of electronic tracking device; penalty","order_by":null,"url":"\/18.2-60.5\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":78364,"section_number":"18.2-95","catch_line":"Grand larceny defined; how punished","order_by":null,"url":"\/18.2-95\/"},{"id":81395,"section_number":"19.2-152.7:1","catch_line":"Definitions","order_by":null,"url":"\/19.2-152.7_1\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"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":60300,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","order_by":null,"url":"\/19.2-62\/"},{"id":60230,"section_number":"24.2-100","catch_line":"Applicability of title","order_by":null,"url":"\/24.2-100\/"},{"id":87020,"section_number":"29.1-738","catch_line":"Operating boat or manipulating water skis, etc., in reckless manner or while intoxicated, etc","order_by":null,"url":"\/29.1-738\/"},{"id":60518,"section_number":"29.1-738.02","catch_line":"Persons under age twenty-one operating watercraft after illegally consuming alcohol; penalty","order_by":null,"url":"\/29.1-738.02\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":81839,"section_number":"3.2-6537","catch_line":"Ordinances; penalties","order_by":null,"url":"\/3.2-6537\/"},{"id":72218,"section_number":"3.2-6570","catch_line":"Cruelty to animals; penalty","order_by":null,"url":"\/3.2-6570\/"},{"id":74310,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","order_by":null,"url":"\/37.2-912\/"},{"id":76195,"section_number":"4.1-309.1","catch_line":"Possessing or consuming alcoholic beverage while operating a school bus; penalty","order_by":null,"url":"\/4.1-309.1\/"},{"id":71062,"section_number":"40.1-100.2","catch_line":"Employment involving sexually explicit visual material prohibited","order_by":null,"url":"\/40.1-100.2\/"},{"id":63705,"section_number":"40.1-103","catch_line":"Cruelty and injuries to children; penalty; abandoned infant","order_by":null,"url":"\/40.1-103\/"},{"id":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":54631,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","order_by":null,"url":"\/46.2-341.26_3\/"},{"id":59873,"section_number":"5.1-13","catch_line":"Operation of aircraft while under influence of intoxicating liquors or drugs; reckless operation","order_by":null,"url":"\/5.1-13\/"},{"id":73991,"section_number":"52-8.5","catch_line":"Reporting hate crimes","order_by":null,"url":"\/52-8.5\/"},{"id":80755,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","order_by":null,"url":"\/9.1-128\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"permalink":{"id":170535,"object_type":"law","relational_id":74660,"identifier":"19.2-392.12","token":"19.2\/23.2\/19.2-392.12","url":"\/19.2-392.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.12\/","token":"19.2\/23.2\/19.2-392.12","dublin_core":{"Title":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection L, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor<\/span>, (ii) Class 5 or 6 felony<\/span>, or (iii) violation of § 18.2-95<\/a> or any other felony<\/span> offense<\/span> in which the defendant<\/span> is deemed guilty of larceny<\/span> and punished as provided in § 18.2-95<\/a>, where the offense<\/span> date for such misdemeanor<\/span> or felony<\/span> was on or after January 1, 1986, may file a petition<\/span> setting forth the relevant facts<\/span> and requesting sealing of the criminal history record information and court<\/span> records related to the charge or conviction<\/span>. In addition to requesting the sealing of a charge or conviction<\/span>, such petition<\/span> may also request the sealing of any specifically identified ancillary matter related to such charge or conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person shall not be required to pay any court<\/span> fees or costs for filing a petition<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petition<\/span> with a copy of the warrant, summons<\/span>, or indictment<\/span>, if reasonably available, shall be filed in the circuit<\/span> court<\/span> of the county or city in which the case was disposed of and shall contain, except when not reasonably available, the date of arrest<\/span>, the name of the arresting agency, the date of conviction<\/span> or deferred dismissal<\/span>, and the case number associated with each court<\/span> record that is the subject of the petition<\/span>. When this information is not reasonably available, the petition<\/span> shall state the reason for such unavailability. The petition<\/span> shall further state the charge or conviction<\/span> and any ancillary matters to be sealed<\/span>; the date of final disposition<\/span> of the charge or conviction<\/span> and any ancillary matters as set forth in the petition<\/span>; the petitioner’s date of birth, sex, race, and social security number, if available; and the full name used by the petitioner at the time of arrest<\/span> or summons<\/span>. A petition<\/span> may request the sealing of the criminal history record information and court<\/span> records for multiple charges or convictions<\/span> and ancillary matters as set forth in subsection A provided that all such charges and convictions<\/span> arose out of the same transaction or occurrence and all such charges and convictions<\/span> are eligible for sealing. A petition<\/span> may not request the sealing of the criminal history record information and court<\/span> records for multiple charges or convictions<\/span> that arose out of different transactions or occurrences, except that ancillary matters shall not be treated as separate transactions or occurrences. A petitioner may only have two petitions<\/span> granted pursuant to this section within his lifetime. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commonwealth shall be made party<\/span> to the proceeding. The petitioner shall provide a copy of the petition<\/span> by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition<\/span> is filed. The attorney for the Commonwealth may file an objection or answer to the petition<\/span> or may give written notice to the court<\/span> that he does not object<\/span> to the petition<\/span> within 30 days after it is delivered to him or received in the mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to the filing of the petition<\/span> under subsection C, the petitioner shall request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of the petitioner’s Virginia and national criminal history record to the circuit<\/span> court<\/span> in which the petition<\/span> was filed. Upon receiving such request, the CCRE shall electronically forward such record to the circuit<\/span> court<\/span>; however, if the circuit<\/span> court<\/span> is unable to receive an electronic transmission, the CCRE shall forward a copy of such record to the circuit<\/span> court<\/span> which shall be maintained under seal by the clerk unless otherwise ordered by the court<\/span>. Upon completion of the hearing<\/span>, the court<\/span> shall cause the criminal history record to be destroyed unless, within 30 days of the date of the entry of the final order<\/span> in the matter, the petitioner or the attorney for the Commonwealth notes an appeal<\/span> as provided by law<\/span> in civil cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> After receiving the criminal history record of the petitioner, the court<\/span> may conduct a hearing<\/span> on the petition<\/span>. The court<\/span> shall enter an order requiring the sealing of the criminal history record information and court<\/span> records, including electronic records, related to the charge or conviction<\/span>, only if the court<\/span> finds that all criteria in subdivisions 1 through 6 are met, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The petitioner has (i) never been convicted of a Class 1 or 2 felony<\/span> or any other felony<\/span> punishable by imprisonment for life, (ii) not been convicted of a Class 3 or 4 felony<\/span> within the past 20 years, and (iii) not been convicted of any other felony<\/span> within the past 10 years from the date the petition<\/span> was filed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> During a period after the date of (i) dismissal<\/span> of a deferred charge, (ii) conviction<\/span>, (iii) release from incarceration on the charge or conviction<\/span> set forth in the petition<\/span>, (iv) a finding<\/span> that the person was in violation of a suspended sentence<\/span>, probation<\/span>, or parole<\/span> related to the charge or conviction<\/span> set forth in the petition<\/span>, or (v) release from incarceration following a finding<\/span> that the person was in violation of a suspended sentence<\/span>, probation<\/span>, or parole<\/span> related to the charge or conviction<\/span> set forth in the petition<\/span>, whichever date occurred later, the petitioner has not been convicted of violating any law<\/span> of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390<\/a> or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, for:\n\t\t\t\ta. Seven years for any misdemeanor<\/span> offense<\/span>; or\n\t\t\t\tb. Ten years for any felony<\/span> offense<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the records relating to the offense<\/span> indicate that the occurrence leading to the deferral or conviction<\/span> involved the use or dependence upon alcohol or any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, the petitioner has demonstrated his rehabilitation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the petitioner was ordered by a court<\/span> to pay restitution<\/span> as a condition of any charge, conviction<\/span>, or ancillary matter that is the subject of the petition<\/span>, such restitution<\/span> has been paid in full; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The petitioner has not previously obtained the sealing of two other deferrals or convictions<\/span> arising out of different sentencing events under this section; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The continued existence and possible dissemination of information relating to the charge or conviction<\/span> of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the attorney for the Commonwealth of the county or city in which the petition<\/span> is filed (i) gives written notice to the court<\/span> pursuant to subsection D that he does not object<\/span> to the petition<\/span> and (ii) stipulates in such written notice that the petitioner is eligible to have such offense<\/span> sealed<\/span>, and the continued existence and possible dissemination of information relating to the charge or conviction<\/span> of the petitioner causes or may cause circumstances that constitute a manifest injustice to the petitioner, the court<\/span> may enter an order of sealing without conducting a hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any party<\/span> aggrieved by the decision of the court<\/span> may appeal<\/span>, as provided by law<\/span> in civil cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Upon the entry of an order of sealing, the clerk of the court<\/span> shall maintain a copy of such order under seal and shall cause an electronic notification of such order to be forwarded to the Department of State Police. Such electronic notification shall contain the petitioner’s full name, date of birth, sex, race, and social security number, if available, and the full name used by the petitioner at the time of arrest<\/span> or summons<\/span>, as well as the petitioner’s state identification number from the criminal history record, the court<\/span> case number of the charge, conviction<\/span>, or ancillary matter to be sealed<\/span>, if available, and the document control number, if available. The Department of State Police shall validate the accuracy of any criminal history record ordered to be sealed<\/span> pursuant to this section but shall not validate whether such record is eligible for sealing. Upon receipt of such electronic notification, the Department of State Police shall seal such records in accordance with § 19.2-392.13<\/a>. When sealing such charge, conviction<\/span>, or ancillary matter, the Department of State Police shall include a notation on the criminal history record that such offense<\/span> was sealed<\/span> pursuant to this section. The Department of State Police shall also electronically notify the Office of the Executive Secretary of the Supreme Court<\/span> and any other agencies and individuals known to maintain or to have obtained such a record that such record has been ordered to be sealed<\/span> and may only be disseminated in accordance with § 19.2-392.13<\/a> and pursuant to the rules and regulations adopted pursuant to § 9.1-128<\/a> and the procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any order entered where (i) the court<\/span> or parties failed to strictly comply with the procedures set forth in this section or (ii) the court<\/span> enters an order for the sealing of records contrary to law<\/span> shall be voidable upon motion<\/span> and notice made within two years of the entry of such order. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> A petition<\/span> filed under this section and any responsive pleadings<\/span> filed by the attorney for the Commonwealth shall be maintained under seal by the clerk unless otherwise ordered by the court<\/span>. Any order to seal issued pursuant to this section shall be sealed<\/span> and may only be disseminated for the purposes set forth in § 19.2-392.13<\/a> and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The following offenses<\/span> are ineligible for sealing under this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> §§ 4.1-309.1<\/a>, 5.1-13<\/a>, 18.2-36<\/a>, 18.2-36.1<\/a>, 18.2-36.2<\/a>, and 18.2-47<\/a>; subsection A of § 18.2-49.1<\/a>; § 18.2-51.5<\/a>; subsection C of § 18.2-57<\/a>; §§ 18.2-57.2<\/a>, 18.2-57.3<\/a>, 18.2-59.1<\/a>, 18.2-60<\/a>, 18.2-60.3<\/a>, 18.2-60.5<\/a>, 18.2-130<\/a>, 18.2-130.1<\/a>, 18.2-144<\/a>, 18.2-144.1<\/a>, 18.2-154<\/a>, 18.2-178.1<\/a>, 18.2-266<\/a>, 18.2-266.1<\/a>, 18.2-268.3<\/a>, 18.2-282.1<\/a>, and 18.2-324.2<\/a>; former subsection B of 18.2-346<\/a>; and §§ 18.2-405<\/a>, 18.2-406<\/a>, 18.2-472.1<\/a>, 19.2-62<\/a>, 29.1-738<\/a>, 29.1-738.02<\/a>, 29.1-738.2<\/a>, 37.2-912<\/a>, 40.1-100.2<\/a>, 40.1-103<\/a>, 46.2-341.24<\/a>, and 46.2-341.26:3<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any violation of any offense<\/span> under § 9.1-902<\/a> for which registration with the Sex Offender and Crimes<\/span> Against Minors<\/span> Registry is required; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any violation of any violent felony<\/span> offense<\/span> listed under subsection C of § 17.1-805<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any violation of any felony<\/span> offense<\/span> not listed as a violent felony<\/span> under subsection C of § 17.1-805<\/a> where the person utilized a firearm, as defined in § 18.2-308.2:2<\/a>, as part of the transaction or occurrence in the underlying offense<\/span> to be sealed<\/span>, unless such person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon has been restored pursuant to § 18.2-308.2<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any violation of an emergency, preliminary, or permanent protective order issued pursuant to Article 4 (§ 16.1-246<\/a> et seq.) of Chapter 11 of Title 16.1 or Chapter 9.1 (§ 19.2-152.7:1<\/a> et seq.) or any family abuse protective order issued pursuant to Article 9 (§ 16.1-278<\/a> et seq.) of Chapter 11 of Title 16.1; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any violation of any hate crime<\/span> as defined in § 52-8.5<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any violation of Article 9 (§ 3.2-6570<\/a> et seq.) of Chapter 65 of Title 3.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Any violation of Title 24.2 (§ 24.2-100<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any violation involving the possession<\/span> and distribution of flunitrazepam pursuant to § 18.2-251.2<\/a> or the possession<\/span> of Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) pursuant to § 18.2-250<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Any violation where a person was found not guilty by reason of insanity<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact<\/span>, or accessory after the fact<\/span>, or any similar ordinance<\/span> of any county, city, or town, for any offense<\/span> deemed ineligible under this subsection; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any conspiracy, attempt, or solicitation, and any principal in the second degree, accessory before the fact<\/span>, or accessory after the fact<\/span> where the completed substantive offense<\/span> would be punishable as a Class 1, 2, 3, or 4 felony<\/span> or by a term of imprisonment of more than 10 years, with the exception of a violation of § 18.2-95<\/a> or any other felony<\/span> offense<\/span> in which the defendant<\/span> is deemed guilty of larceny<\/span> and punished as provided in § 18.2-95<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Any violation of any offense<\/span> where the person was prohibited by the court<\/span> from possessing or owning a companion animal as a result of the transaction or occurrence in the underlying offense<\/span> to be sealed<\/span>, while such prohibition remains in effect; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Any violation of Article 6 (§ 3.2-6537<\/a> et seq.) of Chapter 65 of Title 3.2 that involved a dangerous or vicious dog as a part of the transaction or occurrence in the underlying offense<\/span> to be sealed<\/span>, while the person continues to own or possess such dog; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Any violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Any violation of Article 3 (§ 18.2-346<\/a> et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-346<\/a>, former subsection A of § 18.2-346<\/a>, and § 18.2-347<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Any violation of Article 4 (§ 18.2-362<\/a> et seq.) of Chapter 8 of Title 18.2, with the exception of §§ 18.2-365<\/a>, 18.2-371.2<\/a>, 18.2-371.3<\/a>, and 18.2-371.4<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Any violation of Article 5 (§ 18.2-372<\/a> et seq.) of Chapter 8 of Title 18.2, with the exception of § 18.2-388<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Any offense<\/span> where the victim of the crime<\/span> to be sealed<\/span> was a family or household member, as defined in § 16.1-228<\/a>, of the person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Nothing in this chapter shall prohibit the circuit<\/span> court<\/span> from entering an order to seal a charge, conviction<\/span>, or ancillary matter under this section when such charge, conviction<\/span>, or ancillary matter is eligible for sealing under some other section of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) SEALING OF OFFENSES RESULTING IN A DEFERRED AND\nDISMISSED DISPOSITION OR CONVICTION BY PETITION (\u00a7 19.2-392.12)\n\nA. Except as provided in subsection L, a person who has been convicted of or had\na charge deferred and dismissed for a (i) misdemeanor, (ii) Class 5 or 6 felony,\nor (iii) violation of § 18.2-95 or any other felony offense in which the\ndefendant is deemed guilty of larceny and punished as provided in §\n18.2-95, where the offense date for such misdemeanor or felony was on or after\nJanuary 1, 1986, may file a petition setting forth the relevant facts and\nrequesting sealing of the criminal history record information and court records\nrelated to the charge or conviction. In addition to requesting the sealing of a\ncharge or conviction, such petition may also request the sealing of any\nspecifically identified ancillary matter related to such charge or conviction.\n\nB. A person shall not be required to pay any court fees or costs for filing a\npetition pursuant to this section.\n\nC. The petition with a copy of the warrant, summons, or indictment, if\nreasonably available, shall be filed in the circuit court of the county or city\nin which the case was disposed of and shall contain, except when not reasonably\navailable, the date of arrest, the name of the arresting agency, the date of\nconviction or deferred dismissal, and the case number associated with each court\nrecord that is the subject of the petition. When this information is not\nreasonably available, the petition shall state the reason for such\nunavailability. The petition shall further state the charge or conviction and\nany ancillary matters to be sealed; the date of final disposition of the charge\nor conviction and any ancillary matters as set forth in the petition; the\npetitioner’s date of birth, sex, race, and social security number, if\navailable; and the full name used by the petitioner at the time of arrest or\nsummons. A petition may request the sealing of the criminal history record\ninformation and court records for multiple charges or convictions and ancillary\nmatters as set forth in subsection A provided that all such charges and\nconvictions arose out of the same transaction or occurrence and all such charges\nand convictions are eligible for sealing. A petition may not request the sealing\nof the criminal history record information and court records for multiple\ncharges or convictions that arose out of different transactions or occurrences,\nexcept that ancillary matters shall not be treated as separate transactions or\noccurrences. A petitioner may only have two petitions granted pursuant to this\nsection within his lifetime.\n\nD. The Commonwealth shall be made party to the proceeding. The petitioner shall\nprovide a copy of the petition by delivery or by first-class mail, postage\nprepaid, to the attorney for the Commonwealth of the city or county in which the\npetition is filed. The attorney for the Commonwealth may file an objection or\nanswer to the petition or may give written notice to the court that he does not\nobject to the petition within 30 days after it is delivered to him or received\nin the mail.\n\nE. In addition to the filing of the petition under subsection C, the petitioner\nshall request that the Central Criminal Records Exchange (CCRE) electronically\nforward a copy of the petitioner’s Virginia and national criminal history\nrecord to the circuit court in which the petition was filed. Upon receiving such\nrequest, the CCRE shall electronically forward such record to the circuit court;\nhowever, if the circuit court is unable to receive an electronic transmission,\nthe CCRE shall forward a copy of such record to the circuit court which shall be\nmaintained under seal by the clerk unless otherwise ordered by the court. Upon\ncompletion of the hearing, the court shall cause the criminal history record to\nbe destroyed unless, within 30 days of the date of the entry of the final order\nin the matter, the petitioner or the attorney for the Commonwealth notes an\nappeal as provided by law in civil cases.\n\nF. After receiving the criminal history record of the petitioner, the court may\nconduct a hearing on the petition. The court shall enter an order requiring the\nsealing of the criminal history record information and court records, including\nelectronic records, related to the charge or conviction, only if the court finds\nthat all criteria in subdivisions 1 through 6 are met, as follows:\n\n 1. The petitioner has (i) never been convicted of a Class 1 or 2 felony or any\n other felony punishable by imprisonment for life, (ii) not been convicted of a\n Class 3 or 4 felony within the past 20 years, and (iii) not been convicted of\n any other felony within the past 10 years from the date the petition was\n filed.\n\n 2. During a period after the date of (i) dismissal of a deferred charge, (ii)\n conviction, (iii) release from incarceration on the charge or conviction set\n forth in the petition, (iv) a finding that the person was in violation of a\n suspended sentence, probation, or parole related to the charge or conviction\n set forth in the petition, or (v) release from incarceration following a\n finding that the person was in violation of a suspended sentence, probation,\n or parole related to the charge or conviction set forth in the petition,\n whichever date occurred later, the petitioner has not been convicted of\n violating any law of the Commonwealth that requires a report to the Central\n Criminal Records Exchange under subsection A of § 19.2-390 or any other\n state, the District of Columbia, or the United States or any territory\n thereof, excluding traffic infractions under Title 46.2, for:\n \t\t\t\ta. Seven years for any misdemeanor offense; or\n \t\t\t\tb. Ten years for any felony offense;\n\n 3. If the records relating to the offense indicate that the occurrence leading\n to the deferral or conviction involved the use or dependence upon alcohol or\n any narcotic drug or any other self-administered intoxicant or drug of\n whatsoever nature, the petitioner has demonstrated his rehabilitation;\n\n 4. If the petitioner was ordered by a court to pay restitution as a condition\n of any charge, conviction, or ancillary matter that is the subject of the\n petition, such restitution has been paid in full;\n\n 5. The petitioner has not previously obtained the sealing of two other\n deferrals or convictions arising out of different sentencing events under this\n section; and\n\n 6. The continued existence and possible dissemination of information relating\n to the charge or conviction of the petitioner causes or may cause\n circumstances that constitute a manifest injustice to the petitioner.\n\nG. If the attorney for the Commonwealth of the county or city in which the\npetition is filed (i) gives written notice to the court pursuant to subsection D\nthat he does not object to the petition and (ii) stipulates in such written\nnotice that the petitioner is eligible to have such offense sealed, and the\ncontinued existence and possible dissemination of information relating to the\ncharge or conviction of the petitioner causes or may cause circumstances that\nconstitute a manifest injustice to the petitioner, the court may enter an order\nof sealing without conducting a hearing.\n\nH. Any party aggrieved by the decision of the court may appeal, as provided by\nlaw in civil cases.\n\nI. Upon the entry of an order of sealing, the clerk of the court shall maintain\na copy of such order under seal and shall cause an electronic notification of\nsuch order to be forwarded to the Department of State Police. Such electronic\nnotification shall contain the petitioner’s full name, date of birth, sex,\nrace, and social security number, if available, and the full name used by the\npetitioner at the time of arrest or summons, as well as the petitioner’s\nstate identification number from the criminal history record, the court case\nnumber of the charge, conviction, or ancillary matter to be sealed, if\navailable, and the document control number, if available. The Department of\nState Police shall validate the accuracy of any criminal history record ordered\nto be sealed pursuant to this section but shall not validate whether such record\nis eligible for sealing. Upon receipt of such electronic notification, the\nDepartment of State Police shall seal such records in accordance with §\n19.2-392.13. When sealing such charge, conviction, or ancillary matter, the\nDepartment of State Police shall include a notation on the criminal history\nrecord that such offense was sealed pursuant to this section. The Department of\nState Police shall also electronically notify the Office of the Executive\nSecretary of the Supreme Court and any other agencies and individuals known to\nmaintain or to have obtained such a record that such record has been ordered to\nbe sealed and may only be disseminated in accordance with § 19.2-392.13 and\npursuant to the rules and regulations adopted pursuant to § 9.1-128 and the\nprocedures adopted pursuant to § 9.1-134.\n\nJ. Any order entered where (i) the court or parties failed to strictly comply\nwith the procedures set forth in this section or (ii) the court enters an order\nfor the sealing of records contrary to law shall be voidable upon motion and\nnotice made within two years of the entry of such order.\n\nK. A petition filed under this section and any responsive pleadings filed by the\nattorney for the Commonwealth shall be maintained under seal by the clerk unless\notherwise ordered by the court. Any order to seal issued pursuant to this\nsection shall be sealed and may only be disseminated for the purposes set forth\nin § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to\n§ 9.1-128 and procedures adopted pursuant to § 9.1-134.\n\nL. The following offenses are ineligible for sealing under this section:\n\n 1. §§ 4.1-309.1, 5.1-13, 18.2-36, 18.2-36.1, 18.2-36.2, and 18.2-47;\n subsection A of § 18.2-49.1; § 18.2-51.5; subsection C of §\n 18.2-57; §§ 18.2-57.2, 18.2-57.3, 18.2-59.1, 18.2-60, 18.2-60.3,\n 18.2-60.5, 18.2-130, 18.2-130.1, 18.2-144, 18.2-144.1, 18.2-154, 18.2-178.1,\n 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-282.1, and 18.2-324.2; former\n subsection B of 18.2-346; and §§ 18.2-405, 18.2-406, 18.2-472.1,\n 19.2-62, 29.1-738, 29.1-738.02, 29.1-738.2, 37.2-912, 40.1-100.2, 40.1-103,\n 46.2-341.24, and 46.2-341.26:3;\n\n 2. Any violation of any offense under § 9.1-902 for which registration\n with the Sex Offender and Crimes Against Minors Registry is required;\n\n 3. Any violation of any violent felony offense listed under subsection C of\n § 17.1-805;\n\n 4. Any violation of any felony offense not listed as a violent felony under\n subsection C of § 17.1-805 where the person utilized a firearm, as\n defined in § 18.2-308.2:2, as part of the transaction or occurrence in\n the underlying offense to be sealed, unless such person’s right to\n possess, transport, or carry a firearm, ammunition for a firearm, or a stun\n weapon has been restored pursuant to § 18.2-308.2;\n\n 5. Any violation of an emergency, preliminary, or permanent protective order\n issued pursuant to Article 4 (§ 16.1-246 et seq.) of Chapter 11 of Title\n 16.1 or Chapter 9.1 (§ 19.2-152.7:1 et seq.) or any family abuse\n protective order issued pursuant to Article 9 (§ 16.1-278 et seq.) of\n Chapter 11 of Title 16.1;\n\n 6. Any violation of any hate crime as defined in § 52-8.5;\n\n 7. Any violation of Article 9 (§ 3.2-6570 et seq.) of Chapter 65 of Title\n 3.2;\n\n 8. Any violation of Title 24.2 (§ 24.2-100 et seq.);\n\n 9. Any violation involving the possession and distribution of flunitrazepam\n pursuant to § 18.2-251.2 or the possession of Gamma hydroxybutyric acid\n (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate;\n 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate) pursuant to §\n 18.2-250;\n\n 10. Any violation where a person was found not guilty by reason of insanity;\n\n 11. Any conspiracy, attempt, or solicitation, and any principal in the second\n degree, accessory before the fact, or accessory after the fact, or any similar\n ordinance of any county, city, or town, for any offense deemed ineligible\n under this subsection;\n\n 12. Any conspiracy, attempt, or solicitation, and any principal in the second\n degree, accessory before the fact, or accessory after the fact where the\n completed substantive offense would be punishable as a Class 1, 2, 3, or 4\n felony or by a term of imprisonment of more than 10 years, with the exception\n of a violation of § 18.2-95 or any other felony offense in which the\n defendant is deemed guilty of larceny and punished as provided in §\n 18.2-95;\n\n 13. Any violation of any offense where the person was prohibited by the court\n from possessing or owning a companion animal as a result of the transaction or\n occurrence in the underlying offense to be sealed, while such prohibition\n remains in effect;\n\n 14. Any violation of Article 6 (§ 3.2-6537 et seq.) of Chapter 65 of\n Title 3.2 that involved a dangerous or vicious dog as a part of the\n transaction or occurrence in the underlying offense to be sealed, while the\n person continues to own or possess such dog;\n\n 15. Any violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title\n 18.2;\n\n 16. Any violation of Article 3 (§ 18.2-346 et seq.) of Chapter 8 of Title\n 18.2, with the exception of § 18.2-346, former subsection A of §\n 18.2-346, and § 18.2-347;\n\n 17. Any violation of Article 4 (§ 18.2-362 et seq.) of Chapter 8 of Title\n 18.2, with the exception of §§ 18.2-365, 18.2-371.2, 18.2-371.3, and\n 18.2-371.4;\n\n 18. Any violation of Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title\n 18.2, with the exception of § 18.2-388; and\n\n 19. Any offense where the victim of the crime to be sealed was a family or\n household member, as defined in § 16.1-228, of the person.\n\nM. Nothing in this chapter shall prohibit the circuit court from entering an\norder to seal a charge, conviction, or ancillary matter under this section when\nsuch charge, conviction, or ancillary matter is eligible for sealing under some\nother section of this chapter.\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}}