{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.12_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.12_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.12_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.12_1.html"}],"law_id":76488,"edition_id":1,"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","history":"2025, cc. 634, 671.","full_text":"A\n\nA person who has been convicted of or had a charge deferred and dismissed for a violation of § 4.1-305; a misdemeanor violation of § 18.2-96 or 18.2-103; a violation of § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of § 18.2-248.1; a violation of subsection A of § 18.2-265.3; or a violation of § 18.2-415, where the offense date for any such offense was on or after January 1, 1986, may file a petition setting forth the relevant facts and requesting the sealing of the criminal history record information and court records relating 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 who had a conviction or offense automatically sealed pursuant to § 19.2-392.7 or 19.2-392.11 where the offense date for such conviction or offense was on or after January 1, 1986, or who had an offense sealed pursuant to § 19.2-392.6:1 regardless of the date of the offense, may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records of any specifically identified ancillary matter related to that charge or conviction.C\n\nA person shall not be required to pay any court fees or costs for filing a petition pursuant to this section.D\n\nThe petition under subsection A or B, 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, (i) the date of arrest; (ii) the name of the arresting agency; (iii) the date of conviction, deferred dismissal, or final disposition of any ancillary matter; and (iv) 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 (a) the charge, conviction, or ancillary matter to be sealed; (b) the date of final disposition of the charge, conviction, or ancillary matter as set forth in the petition; (c) the petitioner’s date of birth, sex, race, and social security number, if available; and (d) 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, convictions, or ancillary matters as set forth in subsections A and B, provided that all such charges, convictions, and ancillary matters are eligible for sealing under this section. A petition may not request the sealing of the criminal history record information and court records where the charge, conviction, or ancillary matter was finalized on the same date as a conviction or deferred dismissal that is not eligible for sealing under this section.E\n\nA petitioner is not limited in the number of petitions that may be granted pursuant to this section within his lifetime. Any petition granted pursuant to this section shall not be counted toward the lifetime maximum of two petitions set forth in § 19.2-392.12.F\n\nThe Commonwealth shall be made party to the proceeding. The petitioner shall provide a copy of the petition under subsection A or B by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the county or city 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.G\n\nIn addition to the filing of the petition under subsection D, 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.H\n\nAfter receiving the criminal history record of the petitioner, the court may conduct a hearing on the petition.I\n\nFor a petition filed pursuant to subsection A, the court shall enter an order requiring the sealing of the records related to the charge, conviction, or ancillary matter if the court finds that seven years have passed since the date of conviction or of dismissal of the deferred charge listed in subsection A and 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, during that time period.J\n\nFor a petition filed pursuant to subsection B, the court shall enter an order to seal the ancillary matter if the charge or conviction identified in the petition has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, or 19.2-392.11.K\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 F that he does not object to the petition and (ii) stipulates in such written notice that the petitioner is eligible to have such charge, conviction, or ancillary matter sealed, the court may enter an order of sealing without conducting a hearing.L\n\nAny party aggrieved by the decision of the court may appeal, as provided by law in civil cases.M\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 (i) the petitioner’s full name, date of birth, sex, race, and social security number, if available; (ii) the full name used by the petitioner at the time of arrest or summons; (iii) the petitioner’s state identification number from the criminal history record; (iv) the court case number of the charge, conviction, or ancillary matter to be sealed, if available; and (v) 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. 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.N\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 entered 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.O\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.P\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":274551,"text":"A person who has been convicted of or had a charge deferred and dismissed for a violation of § 4.1-305; a misdemeanor violation of § 18.2-96 or 18.2-103; a violation of § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of § 18.2-248.1; a violation of subsection A of § 18.2-265.3; or a violation of § 18.2-415, where the offense date for any such offense was on or after January 1, 1986, may file a petition setting forth the relevant facts and requesting the sealing of the criminal history record information and court records relating 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":274552,"text":"A person who had a conviction or offense automatically sealed pursuant to § 19.2-392.7 or 19.2-392.11 where the offense date for such conviction or offense was on or after January 1, 1986, or who had an offense sealed pursuant to § 19.2-392.6:1 regardless of the date of the offense, may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records of any specifically identified ancillary matter related to that charge or conviction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274553,"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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274554,"text":"The petition under subsection A or B, 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, (i) the date of arrest; (ii) the name of the arresting agency; (iii) the date of conviction, deferred dismissal, or final disposition of any ancillary matter; and (iv) 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 (a) the charge, conviction, or ancillary matter to be sealed; (b) the date of final disposition of the charge, conviction, or ancillary matter as set forth in the petition; (c) the petitioner’s date of birth, sex, race, and social security number, if available; and (d) 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, convictions, or ancillary matters as set forth in subsections A and B, provided that all such charges, convictions, and ancillary matters are eligible for sealing under this section. A petition may not request the sealing of the criminal history record information and court records where the charge, conviction, or ancillary matter was finalized on the same date as a conviction or deferred dismissal that is not eligible for sealing under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":274555,"text":"A petitioner is not limited in the number of petitions that may be granted pursuant to this section within his lifetime. Any petition granted pursuant to this section shall not be counted toward the lifetime maximum of two petitions set forth in § 19.2-392.12.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":274556,"text":"The Commonwealth shall be made party to the proceeding. The petitioner shall provide a copy of the petition under subsection A or B by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the county or city 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":274557,"text":"In addition to the filing of the petition under subsection D, 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":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":274558,"text":"After receiving the criminal history record of the petitioner, the court may conduct a hearing on the petition.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":274559,"text":"For a petition filed pursuant to subsection A, the court shall enter an order requiring the sealing of the records related to the charge, conviction, or ancillary matter if the court finds that seven years have passed since the date of conviction or of dismissal of the deferred charge listed in subsection A and 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, during that time period.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":274560,"text":"For a petition filed pursuant to subsection B, the court shall enter an order to seal the ancillary matter if the charge or conviction identified in the petition has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, or 19.2-392.11.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":274561,"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 F that he does not object to the petition and (ii) stipulates in such written notice that the petitioner is eligible to have such charge, conviction, or ancillary matter sealed, the court may enter an order of sealing without conducting a hearing.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":274562,"text":"Any party aggrieved by the decision of the court may appeal, as provided by law in civil cases.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":274563,"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 (i) the petitioner’s full name, date of birth, sex, race, and social security number, if available; (ii) the full name used by the petitioner at the time of arrest or summons; (iii) the petitioner’s state identification number from the criminal history record; (iv) the court case number of the charge, conviction, or ancillary matter to be sealed, if available; and (v) 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. 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.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":274564,"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 entered 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":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"14":{"id":274565,"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.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"15":{"id":274566,"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":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.12:1\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 634<\/a> and 671<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/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":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":67960,"section_number":"18.2-103","catch_line":"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts","order_by":null,"url":"\/18.2-103\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":82145,"section_number":"18.2-120","catch_line":"Instigating, etc., such trespass by others; preventing service to persons not forbidden to trespass","order_by":null,"url":"\/18.2-120\/"},{"id":74280,"section_number":"18.2-134","catch_line":"Trespass on posted property","order_by":null,"url":"\/18.2-134\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":71055,"section_number":"18.2-265.3","catch_line":"Penalties for sale, etc., of drug paraphernalia","order_by":null,"url":"\/18.2-265.3\/"},{"id":56045,"section_number":"18.2-415","catch_line":"Disorderly conduct in public places","order_by":null,"url":"\/18.2-415\/"},{"id":85076,"section_number":"18.2-96","catch_line":"Petit larceny defined; how punished","order_by":null,"url":"\/18.2-96\/"},{"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":59687,"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","order_by":null,"url":"\/19.2-392.11\/"},{"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":86101,"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","order_by":null,"url":"\/19.2-392.6_1\/"},{"id":60343,"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","order_by":null,"url":"\/19.2-392.7\/"},{"id":85034,"section_number":"4.1-305","catch_line":"Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services","order_by":null,"url":"\/4.1-305\/"}],"permalink":{"id":170539,"object_type":"law","relational_id":76488,"identifier":"19.2-392.12:1","token":"19.2\/23.2\/19.2-392.12_1","url":"\/19.2-392.12_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.12_1\/","token":"19.2\/23.2\/19.2-392.12_1","dublin_core":{"Title":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.12:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person who has been convicted of or had a charge deferred and dismissed for a violation of § 4.1-305<\/a>; a misdemeanor<\/span> violation of § 18.2-96<\/a> or 18.2-103<\/a>; a violation of § 18.2-119<\/a>, 18.2-120<\/a>, or 18.2-134<\/a>; a misdemeanor<\/span> violation of § 18.2-248.1<\/a>; a violation of subsection A of § 18.2-265.3<\/a>; or a violation of § 18.2-415<\/a>, where the offense<\/span> date for any such offense<\/span> was on or after January 1, 1986, may file a petition<\/span> setting forth the relevant facts<\/span> and requesting the sealing of the criminal history record information and court<\/span> records relating 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 who had a conviction<\/span> or offense<\/span> automatically sealed<\/span> pursuant to § 19.2-392.7<\/a> or 19.2-392.11<\/a> where the offense<\/span> date for such conviction<\/span> or offense<\/span> was on or after January 1, 1986, or who had an offense<\/span> sealed<\/span> pursuant to § 19.2-392.6:1<\/a> regardless of the date of the offense<\/span>, may file a petition<\/span> setting forth the relevant facts<\/span> and requesting sealing of the criminal history record information and court<\/span> records of any specifically identified ancillary matter related to that charge or conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/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

D.<\/span> The petition<\/span> under subsection A or B, 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, (i) the date of arrest<\/span>; (ii) the name of the arresting agency; (iii) the date of conviction<\/span>, deferred dismissal<\/span>, or final disposition<\/span> of any ancillary matter; and (iv) 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 (a) the charge, conviction<\/span>, or ancillary matter to be sealed<\/span>; (b) the date of final disposition<\/span> of the charge, conviction<\/span>, or ancillary matter as set forth in the petition<\/span>; (c) the petitioner’s date of birth, sex, race, and social security number, if available; and (d) 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, convictions<\/span>, or ancillary matters as set forth in subsections A and B, provided that all such charges, convictions<\/span>, and ancillary matters are eligible for sealing under this section. A petition<\/span> may not request the sealing of the criminal history record information and court<\/span> records where the charge, conviction<\/span>, or ancillary matter was finalized on the same date as a conviction<\/span> or deferred dismissal<\/span> that is not eligible for sealing under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A petitioner is not limited in the number of petitions<\/span> that may be granted pursuant to this section within his lifetime. Any petition<\/span> granted pursuant to this section shall not be counted toward the lifetime maximum of two petitions<\/span> set forth in § 19.2-392.12<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Commonwealth shall be made party<\/span> to the proceeding. The petitioner shall provide a copy of the petition<\/span> under subsection A or B by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the county or city 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

G.<\/span> In addition to the filing of the petition<\/span> under subsection D, 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

H.<\/span> After receiving the criminal history record of the petitioner, the court<\/span> may conduct a hearing<\/span> on the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> For a petition<\/span> filed pursuant to subsection A, the court<\/span> shall enter an order requiring the sealing of the records related to the charge, conviction<\/span>, or ancillary matter if the court<\/span> finds that seven years have passed since the date of conviction<\/span> or of dismissal<\/span> of the deferred charge listed in subsection A and 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, during that time period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> For a petition<\/span> filed pursuant to subsection B, the court<\/span> shall enter an order to seal the ancillary matter if the charge or conviction<\/span> identified in the petition<\/span> has been sealed<\/span> pursuant to § 19.2-392.6:1<\/a>, 19.2-392.7<\/a>, or 19.2-392.11<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/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 F 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 charge, conviction<\/span>, or ancillary matter sealed<\/span>, 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

L.<\/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

M.<\/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 (i) the petitioner’s full name, date of birth, sex, race, and social security number, if available; (ii) the full name used by the petitioner at the time of arrest<\/span> or summons<\/span>; (iii) the petitioner’s state identification number from the criminal history record; (iv) the court<\/span> case number of the charge, conviction<\/span>, or ancillary matter to be sealed<\/span>, if available; and (v) 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>. 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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/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> entered 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

O.<\/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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/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 CHARGES AND CONVICTIONS RELATED TO AUTOMATIC\nSEALING; PETITION (\u00a7 19.2-392.12:1)\n\nA. A person who has been convicted of or had a charge deferred and dismissed for\na violation of § 4.1-305; a misdemeanor violation of § 18.2-96 or\n18.2-103; a violation of § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor\nviolation of § 18.2-248.1; a violation of subsection A of §\n18.2-265.3; or a violation of § 18.2-415, where the offense date for any\nsuch offense was on or after January 1, 1986, may file a petition setting forth\nthe relevant facts and requesting the sealing of the criminal history record\ninformation and court records relating to the charge or conviction. In addition\nto requesting the sealing of a charge or conviction, such petition may also\nrequest the sealing of any specifically identified ancillary matter related to\nsuch charge or conviction.\n\nB. A person who had a conviction or offense automatically sealed pursuant to\n§ 19.2-392.7 or 19.2-392.11 where the offense date for such conviction or\noffense was on or after January 1, 1986, or who had an offense sealed pursuant\nto § 19.2-392.6:1 regardless of the date of the offense, may file a\npetition setting forth the relevant facts and requesting sealing of the criminal\nhistory record information and court records of any specifically identified\nancillary matter related to that charge or conviction.\n\nC. A person shall not be required to pay any court fees or costs for filing a\npetition pursuant to this section.\n\nD. The petition under subsection A or B, with a copy of the warrant, summons, or\nindictment, if reasonably available, shall be filed in the circuit court of the\ncounty or city in which the case was disposed of and shall contain, except when\nnot reasonably available, (i) the date of arrest; (ii) the name of the arresting\nagency; (iii) the date of conviction, deferred dismissal, or final disposition\nof any ancillary matter; and (iv) 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 (a) the charge, conviction, or\nancillary matter to be sealed; (b) the date of final disposition of the charge,\nconviction, or ancillary matter as set forth in the petition; (c) the\npetitioner’s date of birth, sex, race, and social security number, if\navailable; and (d) 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, convictions, or ancillary\nmatters as set forth in subsections A and B, provided that all such charges,\nconvictions, and ancillary matters are eligible for sealing under this section.\nA petition may not request the sealing of the criminal history record\ninformation and court records where the charge, conviction, or ancillary matter\nwas finalized on the same date as a conviction or deferred dismissal that is not\neligible for sealing under this section.\n\nE. A petitioner is not limited in the number of petitions that may be granted\npursuant to this section within his lifetime. Any petition granted pursuant to\nthis section shall not be counted toward the lifetime maximum of two petitions\nset forth in § 19.2-392.12.\n\nF. The Commonwealth shall be made party to the proceeding. The petitioner shall\nprovide a copy of the petition under subsection A or B by delivery or by\nfirst-class mail, postage prepaid, to the attorney for the Commonwealth of the\ncounty or city in which the petition is filed. The attorney for the Commonwealth\nmay file an objection or answer to the petition or may give written notice to\nthe court that he does not object to the petition within 30 days after it is\ndelivered to him or received in the mail.\n\nG. In addition to the filing of the petition under subsection D, 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\nH. After receiving the criminal history record of the petitioner, the court may\nconduct a hearing on the petition.\n\nI. For a petition filed pursuant to subsection A, the court shall enter an order\nrequiring the sealing of the records related to the charge, conviction, or\nancillary matter if the court finds that seven years have passed since the date\nof conviction or of dismissal of the deferred charge listed in subsection A and\nthe petitioner has not been convicted of violating any law of the Commonwealth\nthat requires a report to the Central Criminal Records Exchange under subsection\nA of § 19.2-390 or any other state, the District of Columbia, or the United\nStates or any territory thereof, excluding traffic infractions under Title 46.2,\nduring that time period.\n\nJ. For a petition filed pursuant to subsection B, the court shall enter an order\nto seal the ancillary matter if the charge or conviction identified in the\npetition has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, or\n19.2-392.11.\n\nK. 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 F\nthat he does not object to the petition and (ii) stipulates in such written\nnotice that the petitioner is eligible to have such charge, conviction, or\nancillary matter sealed, the court may enter an order of sealing without\nconducting a hearing.\n\nL. Any party aggrieved by the decision of the court may appeal, as provided by\nlaw in civil cases.\n\nM. 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 (i) the petitioner’s full name, date of birth,\nsex, race, and social security number, if available; (ii) the full name used by\nthe petitioner at the time of arrest or summons; (iii) the petitioner’s\nstate identification number from the criminal history record; (iv) the court\ncase number of the charge, conviction, or ancillary matter to be sealed, if\navailable; and (v) 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. The Department of State Police shall also electronically notify the\nOffice of the Executive Secretary of the Supreme Court and any other agencies\nand individuals known to maintain or to have obtained such a record that such\nrecord has been ordered to be sealed and may only be disseminated in accordance\nwith § 19.2-392.13.\n\nN. 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 entered 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\nO. 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.\n\nP. 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: 2025, cc. 634, 671.","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}}