{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.17.html"}],"law_id":80433,"edition_id":1,"section_id":80433,"structure_id":15629,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","history":"2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.","full_text":"A\n\nExcept as provided in subsection F of § 19.2-392.13, any record of a traffic infraction under Title 46.2 with an offense date on or after January 1, 1986, that is not punishable as a criminal offense shall be deemed to be sealed after 11 years from the date of final disposition of the offense, unless such sealing is prohibited under federal or state law. The Central Criminal Records Exchange, any court, any police department, sheriff’s office, or campus police department, and the Department of Motor Vehicles shall identify and seal the records of any such infraction in its possession. No record of any such traffic infraction shall be disseminated, unless such dissemination is authorized pursuant to § 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.B\n\nThe Department of Motor Vehicles shall not seal any traffic infraction under Title 46.2 (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 the traffic infraction that was deemed sealed pursuant to subsection A. The Department of Motor Vehicles shall seal all records deemed to be sealed pursuant to subsection A if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied.C\n\nThe Department of Motor Vehicles shall not seal a record of a traffic infraction if a customer is subject to an administrative suspension order issued pursuant to Driver Improvement Program requirements under § 46.2-498, 46.2-499, or 46.2-506, issued in part or in whole, as a result of an accumulation of traffic infractions, and less than two years has passed since the date that the suspension order was complied with.","order_by":null,"text":{"0":{"id":288135,"text":"Except as provided in subsection F of § 19.2-392.13, any record of a traffic infraction under Title 46.2 with an offense date on or after January 1, 1986, that is not punishable as a criminal offense shall be deemed to be sealed after 11 years from the date of final disposition of the offense, unless such sealing is prohibited under federal or state law. The Central Criminal Records Exchange, any court, any police department, sheriff’s office, or campus police department, and the Department of Motor Vehicles shall identify and seal the records of any such infraction in its possession. No record of any such traffic infraction shall be disseminated, unless such dissemination is authorized pursuant to § 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288136,"text":"The Department of Motor Vehicles shall not seal any traffic infraction under Title 46.2 (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 the traffic infraction that was deemed sealed pursuant to subsection A. The Department of Motor Vehicles shall seal all records deemed to be sealed pursuant to subsection A if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288137,"text":"The Department of Motor Vehicles shall not seal a record of a traffic infraction if a customer is subject to an administrative suspension order issued pursuant to Driver Improvement Program requirements under § 46.2-498, 46.2-499, or 46.2-506, issued in part or in whole, as a result of an accumulation of traffic infractions, and less than two years has passed since the date that the suspension order was complied with.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.17\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2025, chapters 634<\/a> and 671<\/a>.<\/p>","references":[{"id":62281,"section_number":"17.1-293.1","catch_line":"(Effective July 1, 2026) Online case information system; exceptions","order_by":null,"url":"\/17.1-293.1\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":70011,"section_number":"19.2-392.14","catch_line":"(Effective July 1, 2026) Disclosure of sealed records; penalty","order_by":null,"url":"\/19.2-392.14\/"},{"id":61686,"section_number":"19.2-392.16","catch_line":"(Effective July 1, 2026) Dissemination of criminal history records and traffic history records by business screening services","order_by":null,"url":"\/19.2-392.16\/"},{"id":83552,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","order_by":null,"url":"\/19.2-392.5\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"}],"refers_to":[{"id":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":79899,"section_number":"46.2-498","catch_line":"Driver improvement clinics; voluntary attendance","order_by":null,"url":"\/46.2-498\/"},{"id":80312,"section_number":"46.2-499","catch_line":"Driver's license probation","order_by":null,"url":"\/46.2-499\/"},{"id":57414,"section_number":"46.2-506","catch_line":"(Effective July 1, 2026) Formal hearings; suspension for excessive point accumulation","order_by":null,"url":"\/46.2-506\/"},{"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\/"}],"permalink":{"id":170563,"object_type":"law","relational_id":80433,"identifier":"19.2-392.17","token":"19.2\/23.2\/19.2-392.17","url":"\/19.2-392.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.17\/","token":"19.2\/23.2\/19.2-392.17","dublin_core":{"Title":"(Effective July 1, 2026) Traffic infractions deemed sealed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection F of § 19.2-392.13<\/a>, any record of a traffic infraction under Title 46.2 with an offense<\/span> date on or after January 1, 1986, that is not punishable as a criminal offense<\/span> shall be deemed to be sealed<\/span> after 11 years from the date of final disposition<\/span> of the offense<\/span>, unless such sealing is prohibited under federal or state law<\/span>. The Central Criminal Records Exchange, any court<\/span>, any police department, sheriff’s office, or campus police department, and the Department of Motor Vehicles shall identify and seal the records of any such infraction in its possession<\/span>. No record of any such traffic infraction shall be disseminated, unless such dissemination is authorized pursuant to § 19.2-392.13<\/a> and pursuant to the rules and regulations adopted pursuant to § 9.1-128<\/a> and the procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department of Motor Vehicles shall not seal any traffic infraction under Title 46.2 (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 the traffic infraction that was deemed sealed<\/span> pursuant to subsection A. The Department of Motor Vehicles shall seal all records deemed to be sealed<\/span> pursuant to subsection A if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department of Motor Vehicles shall not seal a record of a traffic infraction if a customer is subject to an administrative suspension order<\/span> issued pursuant to Driver Improvement Program requirements under § 46.2-498<\/a>, 46.2-499<\/a>, or 46.2-506<\/a>, issued in part or in whole, as a result of an accumulation of traffic infractions, and less than two years has passed since the date that the suspension order<\/span> was complied with. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) TRAFFIC INFRACTIONS DEEMED SEALED (\u00a7 19.2-392.17)\n\nA. Except as provided in subsection F of § 19.2-392.13, any record of a\ntraffic infraction under Title 46.2 with an offense date on or after January 1,\n1986, that is not punishable as a criminal offense shall be deemed to be sealed\nafter 11 years from the date of final disposition of the offense, unless such\nsealing is prohibited under federal or state law. The Central Criminal Records\nExchange, any court, any police department, sheriff’s office, or campus\npolice department, and the Department of Motor Vehicles shall identify and seal\nthe records of any such infraction in its possession. No record of any such\ntraffic infraction shall be disseminated, unless such dissemination is\nauthorized pursuant to § 19.2-392.13 and pursuant to the rules and\nregulations adopted pursuant to § 9.1-128 and the procedures adopted\npursuant to § 9.1-134.\n\nB. The Department of Motor Vehicles shall not seal any traffic infraction under\nTitle 46.2 (i) in violation of federal regulatory record retention requirements\nor (ii) in violation of federal program requirements if the Department of Motor\nVehicles is required to suspend a person’s driving privileges as a result\nof the traffic infraction that was deemed sealed pursuant to subsection A. The\nDepartment of Motor Vehicles shall seal all records deemed to be sealed pursuant\nto subsection A if the federal regulatory record retention period has run and\nall federal program requirements associated with a suspension have been\nsatisfied.\n\nC. The Department of Motor Vehicles shall not seal a record of a traffic\ninfraction if a customer is subject to an administrative suspension order issued\npursuant to Driver Improvement Program requirements under § 46.2-498,\n46.2-499, or 46.2-506, issued in part or in whole, as a result of an\naccumulation of traffic infractions, and less than two years has passed since\nthe date that the suspension order was complied with.\n\nHISTORY: 2021, Sp. Sess. I, cc. 524, 542; 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}}