{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.13.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.13.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.13.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.13.html"}],"law_id":84075,"edition_id":1,"section_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","history":"2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nUpon electronic notification that a court order for sealing has been entered pursuant to § 19.2-392.7, 19.2-392.10, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, the Department of State Police shall not disseminate any criminal history record information contained in the Central Criminal Records Exchange, including any records relating to an arrest, charge, or conviction, that was ordered to be sealed, except for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Upon receipt of such electronic notification, the Department of State Police shall electronically notify those 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 for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Any records maintained electronically that are transformed or transferred by whatever means to an offline system or to a confidential and secure area inaccessible from normal use within the system in which the record is maintained shall be considered sealed, provided that such records are accessible only to the manager of the records or their designee.B\n\nUpon entry of a court order for sealing pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, the Executive Secretary of the Supreme Court and any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of § 17.1-502 shall ensure that the court record of such arrest, charge, or conviction is not available for public online viewing as directed by subsections B and C of § 17.1-293.1. Additionally, upon entry of such an order for sealing, the clerk of the court shall not disseminate any court record of such arrest, charge, or conviction, except as provided in subsections D and E.C\n\nRecords relating to an arrest, charge, or conviction that was ordered to be sealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated and used for the following purposes: (i) to make the determination as provided in § 18.2-308.2:2 or through the National Instant Criminal Background Check System of eligibility to possess or purchase a firearm; (ii) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System; (iii) to the Virginia Criminal Sentencing Commission, the Virginia State Crime Commission, and the Joint Legislative Audit and Review Commission for research purposes; (iv) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time employment or part-time employment with, or to be a volunteer with, the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (v) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (vi) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (vii) to the chief law-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (viii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration; (ix) to any employer or prospective employer or its designee where federal law requires the employer to inquire about prior criminal charges or convictions; (x) to any employer or prospective employer or its designee where the position that a person is applying for, or where access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any contract with, or statute or regulation of, the United States or any Executive Order of the President; (xi) to any person authorized to engage in the collection of court costs, fines, or restitution under subsection C of § 19.2-349 for purposes of collecting such court costs, fines, or restitution; (xii) to administer and utilize the DNA Analysis and Data Bank set forth in Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18; (xiii) to publish decisions of the Supreme Court, Court of Appeals, or any circuit court; (xiv) to any full-time or part-time employee of a court, the Office of the Executive Secretary, the Division of Legislative Services, or the Chairs of the House and Senate Committees for Courts of Justice for the purpose of screening any person for full-time or part-time employment as a clerk, magistrate, or judge with a court or the Office of the Executive Secretary; (xv) to any employer or prospective employer or its designee where this Code or a local ordinance requires the employer to inquire about prior criminal charges or convictions; (xvi) to any employer or prospective employer or its designee that is allowed access to such sealed records in accordance with the rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134; (xvii) to any business screening service for purposes of complying with § 19.2-392.16; (xviii) to any attorney for the Commonwealth and any person accused of a violation of law, or counsel for the accused, in order to comply with any constitutional and statutory duties to provide exculpatory, mitigating, and impeachment evidence to an accused; (xix) to any party in a criminal or civil proceeding for use as authorized by law in such proceeding; (xx) to any party for use in a protective order hearing as authorized by law; (xxi) to the Department of Social Services or any local department of social services for purposes of performing any statutory duties as required under Title 63.2; (xxii) to any party in a proceeding relating to the care and custody of a child for use as authorized by law in such proceeding; (xxiii) to the attorney for the Commonwealth and the court for purposes of determining eligibility for sealing pursuant to the provisions of § 19.2-392.12, whether the court or parties failed to strictly comply with sealing procedures, or whether an order for sealing was entered contrary to law; (xxiv) to determine a person’s eligibility to be empaneled as a juror; (xxv) to the Auditor of Public Accounts for audit purposes; (xxvi) to the Department of Behavioral Health and Developmental Services and any entity defined under § 37.2-100 for purposes of providing any services or functions as defined in such section; (xxvii) to the attorney for the Commonwealth, the defendant or his counsel, any magistrate, any local community-based probation services agency or pretrial services agency, the Department of State Police, any police department, any sheriff’s office, any campus police department, the Department of Corrections, any court, and the Virginia Criminal Sentencing Commission for the purposes set forth in subsection H of § 19.2-392.5; and (xxviii) to the person arrested, charged, or convicted of the offense that was sealed.C1\n\nIn addition to the purposes set forth in subsection C, a sealed record may be disseminated without a court order within or between any department, division, board, bureau, commission, branch, authority or other agency created by the Commonwealth, or to which the Commission is a party or any political subdivision thereof, or with any federal agency, for the purpose of administering any duties or functions required by state or federal law. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any such record.D\n\nUpon request from any person to access a paper or a digital image of a court record, the clerk of the court shall determine whether such record is open to public access and inspection. If the clerk of the court determines that the court record has been sealed, such record shall not be provided to the requestor without an order from the court that entered the order to seal the court record or from the court in which the final disposition was entered if the offense was sealed without the entry of a court order. Any order from a court that allows access to a paper or a digital image of a court record that has been sealed shall only be issued for one or more of the purposes set forth in subsection C. Such order to access a paper or a digital image of a court record that has been sealed shall allow the requestor to photocopy such court record. No fee shall be charged to any person filing a motion to access a paper or a digital image of a court record that has been sealed if the person filing such motion is the same person who was arrested, charged, or convicted of the offense that was sealed.E\n\nNo access shall be provided to electronic records in an appellate court, circuit court, or district court case management system or other system containing electronic case information maintained by the Executive Secretary of the Supreme Court or in a case management system maintained by a clerk of the circuit court for any arrest, charge, or conviction that was ordered to be sealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, except to (i) the Virginia Criminal Sentencing Commission, the Virginia State Crime Commission, and the Joint Legislative Audit and Review Commission for research purposes; (ii) the Auditor of Public Accounts for audit purposes; (iii) any person authorized to engage in the collection of court costs, fines, or restitution under subsection C of § 19.2-349 for the purposes of collection of such court costs, fines, or restitution; and (iv) any person authorized to submit a request for payment to the Office of the Executive Secretary of the Supreme Court for services provided in a criminal case. Electronic records may be disseminated as authorized in this subsection without a court order.F\n\nIf a pleading or case document in a court record that was sealed is included among other court records that have not been ordered to be sealed, the clerk of the court shall not be required to prohibit dissemination of that record. If an appellate court record contains court records that have been sealed, with or without a court order, and court records that have not been sealed, the clerk of the Supreme Court or Court of Appeals shall not be required to prohibit dissemination of such appellate record. Any circuit court shall not be required to prohibit dissemination of any published or unpublished opinion relating to an arrest, charge, or conviction that was ordered to be sealed. The Supreme Court and Court of Appeals shall not be required to prohibit dissemination of any (i) published or unpublished opinion, order, or summary of a case; (ii) court records for matters in which the Supreme Court or Court of Appeals has original jurisdiction; or (iii) appellate court record of a traffic infraction under Title 46.2 that is not punishable as a criminal offense relating to an arrest, charge, or conviction that was sealed. A clerk of the court shall not be required to redact information pertaining to a court record that has been sealed in any reports or electronic transmissions of case information that are required by statute or prepared and distributed to a state or local government entity in the normal course of business. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any appellate record.G\n\nThe clerk of any circuit court shall not be required to redact any sealed record contained in (i) an order book or order book index; (ii) a land record, as defined in subsection B of § 17.1-292; or (iii) on microfilm or microfiche. The clerk of any circuit court shall not be required to redact or seal any paper record for an offense that has been sealed pursuant to § 19.2-392.6:1 or 19.2-392.17. The clerk of any circuit court who physically removes the paper record of the primary case file for any other charge or conviction that has been sealed and maintains that file in a physically secure location that is not accessible to the public shall be in compliance with the requirement to seal the paper record. For the purposes of this subsection, the primary case file includes the indictment or warrant and any other papers relating to any proceedings on such indictment or warrant. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any such record.H\n\nThe Department of Motor Vehicles shall not seal any conviction or any charge that was deferred and dismissed after a finding of facts sufficient to justify a finding of guilt (i) in violation of federal regulatory record retention requirements or (ii) in violation of federal program requirements if the Department of Motor Vehicles is required to suspend a person’s driving privileges as a result of a conviction or deferral and dismissal ordered to be sealed. Upon receipt of an electronic notification of an order directing that an offense be sealed, the Department of Motor Vehicles shall seal all records if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. However, if the Department of Motor Vehicles cannot seal an offense pursuant to this subsection at the time it is ordered, the Department of Motor Vehicles shall (a) notify the Department of State Police of the reason the record cannot be sealed and cite the authority prohibiting sealing at the time it is ordered; (b) notify the Department of State Police of the date, if known at the time when the sealing is ordered, on which such record can be sealed; (c) seal such record on that date; and (d) notify the Department of State Police when such record has been sealed within the Department of Motor Vehicles’ records.I\n\nThe Library of Virginia shall not be required to seal any court records in its possession, provided that such records are not accessible or disseminated to the public.J\n\nNo arrest, charge, or conviction that has been sealed may be used to impeach the credibility of a testifying witness at any hearing or trial unless (i) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect and (ii) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.K\n\nThe provisions of this section shall not prohibit the disclosure of sealed criminal history record information or any information from such records among law-enforcement officers and attorneys when such disclosures are made by such officers or attorneys while engaged in the performance of their duties for purposes solely relating to the disclosure or use of exculpatory, mitigating, and impeachment evidence or between attorneys for the Commonwealth when related to the prosecution of a separate crime.","order_by":null,"text":{"0":{"id":301282,"text":"Upon electronic notification that a court order for sealing has been entered pursuant to § 19.2-392.7, 19.2-392.10, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, the Department of State Police shall not disseminate any criminal history record information contained in the Central Criminal Records Exchange, including any records relating to an arrest, charge, or conviction, that was ordered to be sealed, except for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Upon receipt of such electronic notification, the Department of State Police shall electronically notify those 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 for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Any records maintained electronically that are transformed or transferred by whatever means to an offline system or to a confidential and secure area inaccessible from normal use within the system in which the record is maintained shall be considered sealed, provided that such records are accessible only to the manager of the records or their designee.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301283,"text":"Upon entry of a court order for sealing pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, the Executive Secretary of the Supreme Court and any circuit court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of § 17.1-502 shall ensure that the court record of such arrest, charge, or conviction is not available for public online viewing as directed by subsections B and C of § 17.1-293.1. Additionally, upon entry of such an order for sealing, the clerk of the court shall not disseminate any court record of such arrest, charge, or conviction, except as provided in subsections D and E.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301284,"text":"Records relating to an arrest, charge, or conviction that was ordered to be sealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated and used for the following purposes: (i) to make the determination as provided in § 18.2-308.2:2 or through the National Instant Criminal Background Check System of eligibility to possess or purchase a firearm; (ii) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System; (iii) to the Virginia Criminal Sentencing Commission, the Virginia State Crime Commission, and the Joint Legislative Audit and Review Commission for research purposes; (iv) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time employment or part-time employment with, or to be a volunteer with, the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (v) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (vi) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (vii) to the chief law-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (viii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration; (ix) to any employer or prospective employer or its designee where federal law requires the employer to inquire about prior criminal charges or convictions; (x) to any employer or prospective employer or its designee where the position that a person is applying for, or where access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any contract with, or statute or regulation of, the United States or any Executive Order of the President; (xi) to any person authorized to engage in the collection of court costs, fines, or restitution under subsection C of § 19.2-349 for purposes of collecting such court costs, fines, or restitution; (xii) to administer and utilize the DNA Analysis and Data Bank set forth in Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18; (xiii) to publish decisions of the Supreme Court, Court of Appeals, or any circuit court; (xiv) to any full-time or part-time employee of a court, the Office of the Executive Secretary, the Division of Legislative Services, or the Chairs of the House and Senate Committees for Courts of Justice for the purpose of screening any person for full-time or part-time employment as a clerk, magistrate, or judge with a court or the Office of the Executive Secretary; (xv) to any employer or prospective employer or its designee where this Code or a local ordinance requires the employer to inquire about prior criminal charges or convictions; (xvi) to any employer or prospective employer or its designee that is allowed access to such sealed records in accordance with the rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134; (xvii) to any business screening service for purposes of complying with § 19.2-392.16; (xviii) to any attorney for the Commonwealth and any person accused of a violation of law, or counsel for the accused, in order to comply with any constitutional and statutory duties to provide exculpatory, mitigating, and impeachment evidence to an accused; (xix) to any party in a criminal or civil proceeding for use as authorized by law in such proceeding; (xx) to any party for use in a protective order hearing as authorized by law; (xxi) to the Department of Social Services or any local department of social services for purposes of performing any statutory duties as required under Title 63.2; (xxii) to any party in a proceeding relating to the care and custody of a child for use as authorized by law in such proceeding; (xxiii) to the attorney for the Commonwealth and the court for purposes of determining eligibility for sealing pursuant to the provisions of § 19.2-392.12, whether the court or parties failed to strictly comply with sealing procedures, or whether an order for sealing was entered contrary to law; (xxiv) to determine a person’s eligibility to be empaneled as a juror; (xxv) to the Auditor of Public Accounts for audit purposes; (xxvi) to the Department of Behavioral Health and Developmental Services and any entity defined under § 37.2-100 for purposes of providing any services or functions as defined in such section; (xxvii) to the attorney for the Commonwealth, the defendant or his counsel, any magistrate, any local community-based probation services agency or pretrial services agency, the Department of State Police, any police department, any sheriff’s office, any campus police department, the Department of Corrections, any court, and the Virginia Criminal Sentencing Commission for the purposes set forth in subsection H of § 19.2-392.5; and (xxviii) to the person arrested, charged, or convicted of the offense that was sealed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":301285,"text":"In addition to the purposes set forth in subsection C, a sealed record may be disseminated without a court order within or between any department, division, board, bureau, commission, branch, authority or other agency created by the Commonwealth, or to which the Commission is a party or any political subdivision thereof, or with any federal agency, for the purpose of administering any duties or functions required by state or federal law. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any such record.","type":"section","prefixes":["C1"],"prefix":"C1","entire_prefix":"C1","prefix_anchor":"C1","level":1,"prior_prefix":"C","next_prefix":"D"},"4":{"id":301286,"text":"Upon request from any person to access a paper or a digital image of a court record, the clerk of the court shall determine whether such record is open to public access and inspection. If the clerk of the court determines that the court record has been sealed, such record shall not be provided to the requestor without an order from the court that entered the order to seal the court record or from the court in which the final disposition was entered if the offense was sealed without the entry of a court order. Any order from a court that allows access to a paper or a digital image of a court record that has been sealed shall only be issued for one or more of the purposes set forth in subsection C. Such order to access a paper or a digital image of a court record that has been sealed shall allow the requestor to photocopy such court record. No fee shall be charged to any person filing a motion to access a paper or a digital image of a court record that has been sealed if the person filing such motion is the same person who was arrested, charged, or convicted of the offense that was sealed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C1","next_prefix":"E"},"5":{"id":301287,"text":"No access shall be provided to electronic records in an appellate court, circuit court, or district court case management system or other system containing electronic case information maintained by the Executive Secretary of the Supreme Court or in a case management system maintained by a clerk of the circuit court for any arrest, charge, or conviction that was ordered to be sealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, except to (i) the Virginia Criminal Sentencing Commission, the Virginia State Crime Commission, and the Joint Legislative Audit and Review Commission for research purposes; (ii) the Auditor of Public Accounts for audit purposes; (iii) any person authorized to engage in the collection of court costs, fines, or restitution under subsection C of § 19.2-349 for the purposes of collection of such court costs, fines, or restitution; and (iv) any person authorized to submit a request for payment to the Office of the Executive Secretary of the Supreme Court for services provided in a criminal case. Electronic records may be disseminated as authorized in this subsection without a court order.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":301288,"text":"If a pleading or case document in a court record that was sealed is included among other court records that have not been ordered to be sealed, the clerk of the court shall not be required to prohibit dissemination of that record. If an appellate court record contains court records that have been sealed, with or without a court order, and court records that have not been sealed, the clerk of the Supreme Court or Court of Appeals shall not be required to prohibit dissemination of such appellate record. Any circuit court shall not be required to prohibit dissemination of any published or unpublished opinion relating to an arrest, charge, or conviction that was ordered to be sealed. The Supreme Court and Court of Appeals shall not be required to prohibit dissemination of any (i) published or unpublished opinion, order, or summary of a case; (ii) court records for matters in which the Supreme Court or Court of Appeals has original jurisdiction; or (iii) appellate court record of a traffic infraction under Title 46.2 that is not punishable as a criminal offense relating to an arrest, charge, or conviction that was sealed. A clerk of the court shall not be required to redact information pertaining to a court record that has been sealed in any reports or electronic transmissions of case information that are required by statute or prepared and distributed to a state or local government entity in the normal course of business. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any appellate record.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":301289,"text":"The clerk of any circuit court shall not be required to redact any sealed record contained in (i) an order book or order book index; (ii) a land record, as defined in subsection B of § 17.1-292; or (iii) on microfilm or microfiche. The clerk of any circuit court shall not be required to redact or seal any paper record for an offense that has been sealed pursuant to § 19.2-392.6:1 or 19.2-392.17. The clerk of any circuit court who physically removes the paper record of the primary case file for any other charge or conviction that has been sealed and maintains that file in a physically secure location that is not accessible to the public shall be in compliance with the requirement to seal the paper record. For the purposes of this subsection, the primary case file includes the indictment or warrant and any other papers relating to any proceedings on such indictment or warrant. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed record due to its continued existence in any such record.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":301290,"text":"The Department of Motor Vehicles shall not seal any conviction or any charge that was deferred and dismissed after a finding of facts sufficient to justify a finding of guilt (i) in violation of federal regulatory record retention requirements or (ii) in violation of federal program requirements if the Department of Motor Vehicles is required to suspend a person’s driving privileges as a result of a conviction or deferral and dismissal ordered to be sealed. Upon receipt of an electronic notification of an order directing that an offense be sealed, the Department of Motor Vehicles shall seal all records if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. However, if the Department of Motor Vehicles cannot seal an offense pursuant to this subsection at the time it is ordered, the Department of Motor Vehicles shall (a) notify the Department of State Police of the reason the record cannot be sealed and cite the authority prohibiting sealing at the time it is ordered; (b) notify the Department of State Police of the date, if known at the time when the sealing is ordered, on which such record can be sealed; (c) seal such record on that date; and (d) notify the Department of State Police when such record has been sealed within the Department of Motor Vehicles’ records.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"9":{"id":301291,"text":"The Library of Virginia shall not be required to seal any court records in its possession, provided that such records are not accessible or disseminated to the public.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"10":{"id":301292,"text":"No arrest, charge, or conviction that has been sealed may be used to impeach the credibility of a testifying witness at any hearing or trial unless (i) its probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect and (ii) the proponent gives an adverse party reasonable written notice of the intent to use it so that the party has a fair opportunity to contest its use.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"11":{"id":301293,"text":"The provisions of this section shall not prohibit the disclosure of sealed criminal history record information or any information from such records among law-enforcement officers and attorneys when such disclosures are made by such officers or attorneys while engaged in the performance of their duties for purposes solely relating to the disclosure or use of exculpatory, mitigating, and impeachment evidence or between attorneys for the Commonwealth when related to the prosecution of a separate crime.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.13\/","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":71781,"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","order_by":null,"url":"\/19.2-392.10\/"},{"id":74660,"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","order_by":null,"url":"\/19.2-392.12\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":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":80433,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","order_by":null,"url":"\/19.2-392.17\/"},{"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":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":77668,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","order_by":null,"url":"\/19.2-392.8\/"},{"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\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"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\/"}],"refers_to":[{"id":79703,"section_number":"15.2-1503.1","catch_line":"Background checks required for certain employees and licensees","order_by":null,"url":"\/15.2-1503.1\/"},{"id":64813,"section_number":"17.1-292","catch_line":"Applicability; definitions","order_by":null,"url":"\/17.1-292\/"},{"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":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":72639,"section_number":"19.2-310.2","catch_line":"Blood, saliva, or tissue sample required for DNA analysis upon conviction of certain crimes; fee","order_by":null,"url":"\/19.2-310.2\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":71781,"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","order_by":null,"url":"\/19.2-392.10\/"},{"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":74660,"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","order_by":null,"url":"\/19.2-392.12\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":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":80433,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","order_by":null,"url":"\/19.2-392.17\/"},{"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":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":77668,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","order_by":null,"url":"\/19.2-392.8\/"},{"id":74243,"section_number":"32.1-111.5","catch_line":"Certification and recertification of emergency medical services providers; appeals process","order_by":null,"url":"\/32.1-111.5\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"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":83289,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","order_by":null,"url":"\/9.1-134\/"}],"permalink":{"id":170547,"object_type":"law","relational_id":84075,"identifier":"19.2-392.13","token":"19.2\/23.2\/19.2-392.13","url":"\/19.2-392.13\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.13\/","token":"19.2\/23.2\/19.2-392.13","dublin_core":{"Title":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.13","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon electronic notification that a court order<\/span> for sealing has been entered pursuant to § 19.2-392.7<\/a>, 19.2-392.10<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, or 19.2-392.12:1<\/a>, or upon the sealing of an offense<\/span> without a court order<\/span> pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, the Department of State Police shall not disseminate any criminal history record information contained in the Central Criminal Records Exchange, including any records relating to an arrest<\/span>, charge, or conviction<\/span>, that was ordered to be sealed<\/span>, except for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. Upon receipt of such electronic notification, the Department of State Police shall electronically notify those 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 for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. Any records maintained electronically that are transformed or transferred by whatever means to an offline system or to a confidential and secure area inaccessible from normal use within the system in which the record is maintained shall be considered sealed<\/span>, provided that such records are accessible only to the manager of the records or their designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon entry of a court order<\/span> for sealing pursuant to § 19.2-392.7<\/a>, 19.2-392.8<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, or 19.2-392.12:1<\/a>, or upon the sealing of an offense<\/span> without a court order<\/span> pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, the Executive Secretary of the Supreme Court and any circuit<\/span> court clerk who maintains a case management system that interfaces with the Department of State Police under subsection B1 of § 17.1-502<\/a> shall ensure that the court record of such arrest<\/span>, charge, or conviction<\/span> is not available for public online viewing as directed by subsections B and C of § 17.1-293.1<\/a>. Additionally, upon entry of such an order for sealing, the clerk of the court shall not disseminate any court record of such arrest<\/span>, charge, or conviction<\/span>, except as provided in subsections D and E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Records relating to an arrest<\/span>, charge, or conviction<\/span> that was ordered to be sealed<\/span> pursuant to § 19.2-392.7<\/a>, 19.2-392.8<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, 19.2-392.12:1<\/a>, or upon the sealing of an offense<\/span> without a court order<\/span> pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated and used for the following purposes: (i) to make the determination as provided in § 18.2-308.2:2<\/a> or through the National Instant Criminal Background Check System of eligibility to possess or purchase a firearm; (ii) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System; (iii) to the Virginia Criminal Sentencing Commission, the Virginia State Crime<\/span> Commission, and the Joint Legislative Audit and Review Commission for research purposes; (iv) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time employment or part-time employment with, or to be a volunteer with, the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (v) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5<\/a>; (vi) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (vii) to the chief law<\/span>-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance<\/span> in accordance with §§ 15.2-1503.1<\/a> and 19.2-389<\/a> for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5<\/a>; (viii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4<\/a>, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration; (ix) to any employer or prospective employer or its designee where federal law<\/span> requires the employer to inquire about prior criminal charges or convictions<\/span>; (x) to any employer or prospective employer or its designee where the position that a person is applying for, or where access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any contract<\/span> with, or statute<\/span> or regulation of, the United States or any Executive Order of the President; (xi) to any person authorized to engage in the collection of court costs, fines, or restitution<\/span> under subsection C of § 19.2-349<\/a> for purposes of collecting such court costs, fines, or restitution<\/span>; (xii) to administer and utilize the DNA Analysis and Data Bank set forth in Article 1.1 (§ 19.2-310.2<\/a> et seq.) of Chapter 18; (xiii) to publish decisions of the Supreme Court, Court of Appeals<\/span>, or any circuit<\/span> court; (xiv) to any full-time or part-time employee of a court, the Office of the Executive Secretary, the Division of Legislative Services, or the Chairs of the House and Senate Committees for Courts<\/span> of Justice for the purpose of screening any person for full-time or part-time employment as a clerk, magistrate<\/span>, or judge<\/span> with a court or the Office of the Executive Secretary; (xv) to any employer or prospective employer or its designee where this Code or a local ordinance<\/span> requires the employer to inquire about prior criminal charges or convictions<\/span>; (xvi) to any employer or prospective employer or its designee that is allowed access to such sealed<\/span> records in accordance with the rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>; (xvii) to any business screening service for purposes of complying with § 19.2-392.16<\/a>; (xviii) to any attorney for the Commonwealth and any person accused<\/span> of a violation of law<\/span>, or counsel<\/span> for the accused<\/span>, in order to comply with any constitutional and statutory duties to provide exculpatory, mitigating, and impeachment<\/span> evidence<\/span> to an accused<\/span>; (xix) to any party<\/span> in a criminal or civil proceeding for use as authorized by law<\/span> in such proceeding; (xx) to any party<\/span> for use in a protective order hearing<\/span> as authorized by law<\/span>; (xxi) to the Department of Social Services or any local department of social services for purposes of performing any statutory duties as required under Title 63.2; (xxii) to any party<\/span> in a proceeding relating to the care and custody<\/span> of a child for use as authorized by law<\/span> in such proceeding; (xxiii) to the attorney for the Commonwealth and the court for purposes of determining eligibility for sealing pursuant to the provisions of § 19.2-392.12<\/a>, whether the court or parties failed to strictly comply with sealing procedures, or whether an order for sealing was entered contrary to law<\/span>; (xxiv) to determine a person’s eligibility to be empaneled as a juror; (xxv) to the Auditor of Public Accounts for audit purposes; (xxvi) to the Department of Behavioral Health and Developmental Services and any entity defined under § 37.2-100<\/a> for purposes of providing any services or functions as defined in such section; (xxvii) to the attorney for the Commonwealth, the defendant<\/span> or his counsel<\/span>, any magistrate<\/span>, any local community-based probation<\/span> services agency or pretrial services<\/span> agency, the Department of State Police, any police department, any sheriff’s office, any campus police department, the Department of Corrections, any court, and the Virginia Criminal Sentencing Commission for the purposes set forth in subsection H of § 19.2-392.5<\/a>; and (xxviii) to the person arrested, charged, or convicted of the offense<\/span> that was sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C1.<\/span> In addition to the purposes set forth in subsection C, a sealed<\/span> record may be disseminated without a court order<\/span> within or between any department, division, board, bureau, commission, branch, authority or other agency created by the Commonwealth, or to which the Commission is a party<\/span> or any political subdivision thereof, or with any federal agency, for the purpose of administering any duties or functions required by state or federal law<\/span>. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed<\/span> record due to its continued existence in any such record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon request from any person to access a paper or a digital image of a court record, the clerk of the court shall determine whether such record is open to public access and inspection. If the clerk of the court determines that the court record has been sealed<\/span>, such record shall not be provided to the requestor without an order from the court that entered the order to seal the court record or from the court in which the final disposition<\/span> was entered if the offense<\/span> was sealed<\/span> without the entry of a court order<\/span>. Any order from a court that allows access to a paper or a digital image of a court record that has been sealed<\/span> shall only be issued for one or more of the purposes set forth in subsection C. Such order to access a paper or a digital image of a court record that has been sealed<\/span> shall allow the requestor to photocopy such court record. No fee shall be charged to any person filing a motion<\/span> to access a paper or a digital image of a court record that has been sealed<\/span> if the person filing such motion<\/span> is the same person who was arrested, charged, or convicted of the offense<\/span> that was sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No access shall be provided to electronic records in an appellate<\/span> court, circuit<\/span> court, or district court case management system or other system containing electronic case information maintained by the Executive Secretary of the Supreme Court or in a case management system maintained by a clerk of the circuit<\/span> court for any arrest<\/span>, charge, or conviction<\/span> that was ordered to be sealed<\/span> pursuant to § 19.2-392.7<\/a>, 19.2-392.8<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, 19.2-392.12:1<\/a>, or upon the sealing of an offense<\/span> without a court order<\/span> pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, except to (i) the Virginia Criminal Sentencing Commission, the Virginia State Crime<\/span> Commission, and the Joint Legislative Audit and Review Commission for research purposes; (ii) the Auditor of Public Accounts for audit purposes; (iii) any person authorized to engage in the collection of court costs, fines, or restitution<\/span> under subsection C of § 19.2-349<\/a> for the purposes of collection of such court costs, fines, or restitution<\/span>; and (iv) any person authorized to submit a request for payment to the Office of the Executive Secretary of the Supreme Court for services provided in a criminal case. Electronic records may be disseminated as authorized in this subsection without a court order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a pleading or case document in a court record that was sealed<\/span> is included among other court records that have not been ordered to be sealed<\/span>, the clerk of the court shall not be required to prohibit dissemination of that record. If an appellate<\/span> court record contains court records that have been sealed<\/span>, with or without a court order<\/span>, and court records that have not been sealed<\/span>, the clerk of the Supreme Court or Court of Appeals<\/span> shall not be required to prohibit dissemination of such appellate<\/span> record. Any circuit<\/span> court shall not be required to prohibit dissemination of any published or unpublished opinion<\/span> relating to an arrest<\/span>, charge, or conviction<\/span> that was ordered to be sealed<\/span>. The Supreme Court and Court of Appeals<\/span> shall not be required to prohibit dissemination of any (i) published or unpublished opinion<\/span>, order, or summary of a case; (ii) court records for matters in which the Supreme Court or Court of Appeals<\/span> has original jurisdiction<\/span>; or (iii) appellate<\/span> court record of a traffic infraction under Title 46.2 that is not punishable as a criminal offense<\/span> relating to an arrest<\/span>, charge, or conviction<\/span> that was sealed<\/span>. A clerk of the court shall not be required to redact information pertaining to a court record that has been sealed<\/span> in any reports or electronic transmissions of case information that are required by statute<\/span> or prepared and distributed to a state or local government entity in the normal course of business. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed<\/span> record due to its continued existence in any appellate<\/span> record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The clerk of any circuit<\/span> court shall not be required to redact any sealed<\/span> record contained in (i) an order book or order book index; (ii) a land record, as defined in subsection B of § 17.1-292<\/a>; or (iii) on microfilm or microfiche. The clerk of any circuit<\/span> court shall not be required to redact or seal any paper record for an offense<\/span> that has been sealed<\/span> pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>. The clerk of any circuit<\/span> court who physically removes the paper record of the primary case file<\/span> for any other charge or conviction<\/span> that has been sealed<\/span> and maintains that file in a physically secure location that is not accessible to the public shall be in compliance with the requirement to seal the paper record. For the purposes of this subsection, the primary case file<\/span> includes the indictment<\/span> or warrant and any other papers relating to any proceedings on such indictment<\/span> or warrant. Nothing in this subsection shall authorize a business screening service to allow dissemination of a sealed<\/span> record due to its continued existence in any such record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department of Motor Vehicles shall not seal any conviction<\/span> or any charge that was deferred and dismissed after a finding<\/span> of facts<\/span> sufficient to justify a finding<\/span> of guilt (i) in violation of federal regulatory record retention requirements or (ii) in violation of federal program requirements if the Department of Motor Vehicles is required to suspend a person’s driving privileges<\/span> as a result of a conviction<\/span> or deferral and dismissal<\/span> ordered to be sealed<\/span>. Upon receipt of an electronic notification of an order directing that an offense<\/span> be sealed<\/span>, the Department of Motor Vehicles shall seal all records if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. However, if the Department of Motor Vehicles cannot seal an offense<\/span> pursuant to this subsection at the time it is ordered, the Department of Motor Vehicles shall (a) notify the Department of State Police of the reason the record cannot be sealed<\/span> and cite the authority prohibiting sealing at the time it is ordered; (b) notify the Department of State Police of the date, if known at the time when the sealing is ordered, on which such record can be sealed<\/span>; (c) seal such record on that date; and (d) notify the Department of State Police when such record has been sealed<\/span> within the Department of Motor Vehicles’ records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Library of Virginia shall not be required to seal any court records in its possession<\/span>, provided that such records are not accessible or disseminated to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> No arrest<\/span>, charge, or conviction<\/span> that has been sealed<\/span> may be used to impeach the credibility of a testifying witness<\/span> at any hearing<\/span> or trial<\/span> unless (i) its probative value, supported by specific facts<\/span> and circumstances, substantially outweighs its prejudicial effect and (ii) the proponent gives an adverse party<\/span> reasonable written notice of the intent<\/span> to use it so that the party<\/span> has a fair opportunity to contest its use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The provisions of this section shall not prohibit the disclosure of sealed<\/span> criminal history record information or any information from such records among law<\/span>-enforcement officers and attorneys when such disclosures are made by such officers or attorneys while engaged in the performance of their duties for purposes solely relating to the disclosure or use of exculpatory, mitigating, and impeachment<\/span> evidence<\/span> or between attorneys for the Commonwealth when related to the prosecution<\/span> of a separate crime<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISPOSITION OF RECORDS WHEN AN OFFENSE IS SEALED;\nPERMITTED USES OF SEALED RECORDS (\u00a7 19.2-392.13)\n\nA. Upon electronic notification that a court order for sealing has been entered\npursuant to § 19.2-392.7, 19.2-392.10, 19.2-392.11, 19.2-392.12, or\n19.2-392.12:1, or upon the sealing of an offense without a court order pursuant\nto § 19.2-392.6:1 or 19.2-392.17, the Department of State Police shall not\ndisseminate any criminal history record information contained in the Central\nCriminal Records Exchange, including any records relating to an arrest, charge,\nor conviction, that was ordered to be sealed, except for purposes set forth in\nthis section and pursuant to rules and regulations adopted pursuant to §\n9.1-128 and procedures adopted pursuant to § 9.1-134. Upon receipt of such\nelectronic notification, the Department of State Police shall electronically\nnotify those agencies and individuals known to maintain or to have obtained such\na record that such record has been ordered to be sealed and may only be\ndisseminated for purposes set forth in this section and pursuant to rules and\nregulations adopted pursuant to § 9.1-128 and procedures adopted pursuant\nto § 9.1-134. Any records maintained electronically that are transformed or\ntransferred by whatever means to an offline system or to a confidential and\nsecure area inaccessible from normal use within the system in which the record\nis maintained shall be considered sealed, provided that such records are\naccessible only to the manager of the records or their designee.\n\nB. Upon entry of a court order for sealing pursuant to § 19.2-392.7,\n19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of\nan offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17,\nthe Executive Secretary of the Supreme Court and any circuit court clerk who\nmaintains a case management system that interfaces with the Department of State\nPolice under subsection B1 of § 17.1-502 shall ensure that the court record\nof such arrest, charge, or conviction is not available for public online viewing\nas directed by subsections B and C of § 17.1-293.1. Additionally, upon\nentry of such an order for sealing, the clerk of the court shall not disseminate\nany court record of such arrest, charge, or conviction, except as provided in\nsubsections D and E.\n\nC. Records relating to an arrest, charge, or conviction that was ordered to be\nsealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12,\n19.2-392.12:1, or upon the sealing of an offense without a court order pursuant\nto § 19.2-392.6:1 or 19.2-392.17, shall not be open for public inspection\nor otherwise disclosed, provided that such records may be disseminated and used\nfor the following purposes: (i) to make the determination as provided in §\n18.2-308.2:2 or through the National Instant Criminal Background Check System of\neligibility to possess or purchase a firearm; (ii) for fingerprint comparison\nutilizing the fingerprints maintained in the Automated Fingerprint Information\nSystem; (iii) to the Virginia Criminal Sentencing Commission, the Virginia State\nCrime Commission, and the Joint Legislative Audit and Review Commission for\nresearch purposes; (iv) to any full-time or part-time employee of the State\nPolice or a police department or sheriff’s office that is a part of or\nadministered by the Commonwealth or any political subdivision thereof for the\npurpose of screening any person for full-time employment or part-time employment\nwith, or to be a volunteer with, the State Police or a police department or\nsheriff’s office that is a part of or administered by the Commonwealth or\nany political subdivision thereof; (v) to the State Health Commissioner or his\ndesignee for the purpose of screening any person who applies to be a volunteer\nwith or an employee of an emergency medical services agency as provided in\n§ 32.1-111.5; (vi) to any full-time or part-time employee of the Department\nof Forensic Science for the purpose of screening any person for full-time or\npart-time employment with the Department of Forensic Science; (vii) to the chief\nlaw-enforcement officer of a locality, or his designee who shall be an\nindividual employed as a public safety official of the locality, that has\nadopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389\nfor the purpose of screening any person who applies to be a volunteer with or an\nemployee of an emergency medical services agency as provided in §\n32.1-111.5; (viii) to any full-time or part-time employee of the Department of\nMotor Vehicles, any employer as defined in § 46.2-341.4, or any medical\nexaminer as defined in 49 C.F.R. § 390.5 for the purpose of complying with\nthe regulations of the Federal Motor Carrier Safety Administration; (ix) to any\nemployer or prospective employer or its designee where federal law requires the\nemployer to inquire about prior criminal charges or convictions; (x) to any\nemployer or prospective employer or its designee where the position that a\nperson is applying for, or where access to the premises in or upon which any\npart of the duties of such position is performed or is to be performed, is\nsubject to any requirement imposed in the interest of the national security of\nthe United States under any security program in effect pursuant to or\nadministered under any contract with, or statute or regulation of, the United\nStates or any Executive Order of the President; (xi) to any person authorized to\nengage in the collection of court costs, fines, or restitution under subsection\nC of § 19.2-349 for purposes of collecting such court costs, fines, or\nrestitution; (xii) to administer and utilize the DNA Analysis and Data Bank set\nforth in Article 1.1 (§ 19.2-310.2 et seq.) of Chapter 18; (xiii) to\npublish decisions of the Supreme Court, Court of Appeals, or any circuit court;\n(xiv) to any full-time or part-time employee of a court, the Office of the\nExecutive Secretary, the Division of Legislative Services, or the Chairs of the\nHouse and Senate Committees for Courts of Justice for the purpose of screening\nany person for full-time or part-time employment as a clerk, magistrate, or\njudge with a court or the Office of the Executive Secretary; (xv) to any\nemployer or prospective employer or its designee where this Code or a local\nordinance requires the employer to inquire about prior criminal charges or\nconvictions; (xvi) to any employer or prospective employer or its designee that\nis allowed access to such sealed records in accordance with the rules and\nregulations adopted pursuant to § 9.1-128 and procedures adopted pursuant\nto § 9.1-134; (xvii) to any business screening service for purposes of\ncomplying with § 19.2-392.16; (xviii) to any attorney for the Commonwealth\nand any person accused of a violation of law, or counsel for the accused, in\norder to comply with any constitutional and statutory duties to provide\nexculpatory, mitigating, and impeachment evidence to an accused; (xix) to any\nparty in a criminal or civil proceeding for use as authorized by law in such\nproceeding; (xx) to any party for use in a protective order hearing as\nauthorized by law; (xxi) to the Department of Social Services or any local\ndepartment of social services for purposes of performing any statutory duties as\nrequired under Title 63.2; (xxii) to any party in a proceeding relating to the\ncare and custody of a child for use as authorized by law in such proceeding;\n(xxiii) to the attorney for the Commonwealth and the court for purposes of\ndetermining eligibility for sealing pursuant to the provisions of §\n19.2-392.12, whether the court or parties failed to strictly comply with sealing\nprocedures, or whether an order for sealing was entered contrary to law; (xxiv)\nto determine a person’s eligibility to be empaneled as a juror; (xxv) to\nthe Auditor of Public Accounts for audit purposes; (xxvi) to the Department of\nBehavioral Health and Developmental Services and any entity defined under §\n37.2-100 for purposes of providing any services or functions as defined in such\nsection; (xxvii) to the attorney for the Commonwealth, the defendant or his\ncounsel, any magistrate, any local community-based probation services agency or\npretrial services agency, the Department of State Police, any police department,\nany sheriff’s office, any campus police department, the Department of\nCorrections, any court, and the Virginia Criminal Sentencing Commission for the\npurposes set forth in subsection H of § 19.2-392.5; and (xxviii) to the\nperson arrested, charged, or convicted of the offense that was sealed.\n\nC1. In addition to the purposes set forth in subsection C, a sealed record may\nbe disseminated without a court order within or between any department,\ndivision, board, bureau, commission, branch, authority or other agency created\nby the Commonwealth, or to which the Commission is a party or any political\nsubdivision thereof, or with any federal agency, for the purpose of\nadministering any duties or functions required by state or federal law. Nothing\nin this subsection shall authorize a business screening service to allow\ndissemination of a sealed record due to its continued existence in any such\nrecord.\n\nD. Upon request from any person to access a paper or a digital image of a court\nrecord, the clerk of the court shall determine whether such record is open to\npublic access and inspection. If the clerk of the court determines that the\ncourt record has been sealed, such record shall not be provided to the requestor\nwithout an order from the court that entered the order to seal the court record\nor from the court in which the final disposition was entered if the offense was\nsealed without the entry of a court order. Any order from a court that allows\naccess to a paper or a digital image of a court record that has been sealed\nshall only be issued for one or more of the purposes set forth in subsection C.\nSuch order to access a paper or a digital image of a court record that has been\nsealed shall allow the requestor to photocopy such court record. No fee shall be\ncharged to any person filing a motion to access a paper or a digital image of a\ncourt record that has been sealed if the person filing such motion is the same\nperson who was arrested, charged, or convicted of the offense that was sealed.\n\nE. No access shall be provided to electronic records in an appellate court,\ncircuit court, or district court case management system or other system\ncontaining electronic case information maintained by the Executive Secretary of\nthe Supreme Court or in a case management system maintained by a clerk of the\ncircuit court for any arrest, charge, or conviction that was ordered to be\nsealed pursuant to § 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12,\n19.2-392.12:1, or upon the sealing of an offense without a court order pursuant\nto § 19.2-392.6:1 or 19.2-392.17, except to (i) the Virginia Criminal\nSentencing Commission, the Virginia State Crime Commission, and the Joint\nLegislative Audit and Review Commission for research purposes; (ii) the Auditor\nof Public Accounts for audit purposes; (iii) any person authorized to engage in\nthe collection of court costs, fines, or restitution under subsection C of\n§ 19.2-349 for the purposes of collection of such court costs, fines, or\nrestitution; and (iv) any person authorized to submit a request for payment to\nthe Office of the Executive Secretary of the Supreme Court for services provided\nin a criminal case. Electronic records may be disseminated as authorized in this\nsubsection without a court order.\n\nF. If a pleading or case document in a court record that was sealed is included\namong other court records that have not been ordered to be sealed, the clerk of\nthe court shall not be required to prohibit dissemination of that record. If an\nappellate court record contains court records that have been sealed, with or\nwithout a court order, and court records that have not been sealed, the clerk of\nthe Supreme Court or Court of Appeals shall not be required to prohibit\ndissemination of such appellate record. Any circuit court shall not be required\nto prohibit dissemination of any published or unpublished opinion relating to an\narrest, charge, or conviction that was ordered to be sealed. The Supreme Court\nand Court of Appeals shall not be required to prohibit dissemination of any (i)\npublished or unpublished opinion, order, or summary of a case; (ii) court\nrecords for matters in which the Supreme Court or Court of Appeals has original\njurisdiction; or (iii) appellate court record of a traffic infraction under\nTitle 46.2 that is not punishable as a criminal offense relating to an arrest,\ncharge, or conviction that was sealed. A clerk of the court shall not be\nrequired to redact information pertaining to a court record that has been sealed\nin any reports or electronic transmissions of case information that are required\nby statute or prepared and distributed to a state or local government entity in\nthe normal course of business. Nothing in this subsection shall authorize a\nbusiness screening service to allow dissemination of a sealed record due to its\ncontinued existence in any appellate record.\n\nG. The clerk of any circuit court shall not be required to redact any sealed\nrecord contained in (i) an order book or order book index; (ii) a land record,\nas defined in subsection B of § 17.1-292; or (iii) on microfilm or\nmicrofiche. The clerk of any circuit court shall not be required to redact or\nseal any paper record for an offense that has been sealed pursuant to §\n19.2-392.6:1 or 19.2-392.17. The clerk of any circuit court who physically\nremoves the paper record of the primary case file for any other charge or\nconviction that has been sealed and maintains that file in a physically secure\nlocation that is not accessible to the public shall be in compliance with the\nrequirement to seal the paper record. For the purposes of this subsection, the\nprimary case file includes the indictment or warrant and any other papers\nrelating to any proceedings on such indictment or warrant. Nothing in this\nsubsection shall authorize a business screening service to allow dissemination\nof a sealed record due to its continued existence in any such record.\n\nH. The Department of Motor Vehicles shall not seal any conviction or any charge\nthat was deferred and dismissed after a finding of facts sufficient to justify a\nfinding of guilt (i) in violation of federal regulatory record retention\nrequirements or (ii) in violation of federal program requirements if the\nDepartment of Motor Vehicles is required to suspend a person’s driving\nprivileges as a result of a conviction or deferral and dismissal ordered to be\nsealed. Upon receipt of an electronic notification of an order directing that an\noffense be sealed, the Department of Motor Vehicles shall seal all records if\nthe federal regulatory record retention period has run and all federal program\nrequirements associated with a suspension have been satisfied. However, if the\nDepartment of Motor Vehicles cannot seal an offense pursuant to this subsection\nat the time it is ordered, the Department of Motor Vehicles shall (a) notify the\nDepartment of State Police of the reason the record cannot be sealed and cite\nthe authority prohibiting sealing at the time it is ordered; (b) notify the\nDepartment of State Police of the date, if known at the time when the sealing is\nordered, on which such record can be sealed; (c) seal such record on that date;\nand (d) notify the Department of State Police when such record has been sealed\nwithin the Department of Motor Vehicles’ records.\n\nI. The Library of Virginia shall not be required to seal any court records in\nits possession, provided that such records are not accessible or disseminated to\nthe public.\n\nJ. No arrest, charge, or conviction that has been sealed may be used to impeach\nthe credibility of a testifying witness at any hearing or trial unless (i) its\nprobative value, supported by specific facts and circumstances, substantially\noutweighs its prejudicial effect and (ii) the proponent gives an adverse party\nreasonable written notice of the intent to use it so that the party has a fair\nopportunity to contest its use.\n\nK. The provisions of this section shall not prohibit the disclosure of sealed\ncriminal history record information or any information from such records among\nlaw-enforcement officers and attorneys when such disclosures are made by such\nofficers or attorneys while engaged in the performance of their duties for\npurposes solely relating to the disclosure or use of exculpatory, mitigating,\nand impeachment evidence or between attorneys for the Commonwealth when related\nto the prosecution of a separate crime.\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}}