{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.5.html"}],"law_id":83552,"edition_id":1,"section_id":83552,"structure_id":15629,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","history":"2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t\t“Ancillary matter” means any (i) violation or alleged violation of the terms and conditions of a suspended sentence, probation, or parole; (ii) violation or alleged violation of contempt of court; (iii) charge or conviction for failure to appear; or (iv) appeal from a bail, bond, or recognizance order.\n\t\t\t“Records related to an arrest, charge, or conviction” means (i) the record of any specific arrest, charge, or conviction that has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 or (ii) any ancillary matter that was sealed pursuant to § 19.2-392.12 or 19.2-392.12:1.\n\t\t\t“Sealing” means to prohibit public access to records relating to an arrest, charge, or conviction, including any ancillary matter ordered to be sealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any court; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination is authorized for one or more of the purposes set forth in § 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. Sealing may be required either by the issuance of a court order following the filing of a petition or automatically by operation of law under the processes set forth in this chapter. “Sealing” does not prohibit or limit dissemination of records within or between any department, division, board, bureau, commission, branch, authority, or other agency created by the Commonwealth, or to which the Commonwealth 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.B\n\nThe provisions of this chapter shall only apply to adults who were arrested, charged, or convicted of a criminal offense and to juveniles who were tried in circuit court pursuant to § 16.1-269.1.C\n\nRecords relating to an arrest, charge, or conviction that have been sealed may be disseminated only for purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Any law-enforcement agency shall reply to any inquiry that no record exists with respect to an arrest, charge, or conviction that has been sealed, unless such information is permitted to be disclosed pursuant to § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. As provided in subsection B of § 19.2-392.14, a clerk of any court shall reply to any inquiry requesting access to a sealed court record that such court record has been sealed and can only be accessed pursuant to a court order. A clerk of any court and the Executive Secretary of the Supreme Court shall be immune from any cause of action arising from the production of sealed court records, including electronic records, absent gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any cause of action accruing prior to the effective date of this section.D\n\nExcept as otherwise provided in this section, upon entry of an order for sealing, the person who was arrested, charged, or convicted of the offense that was ordered to be sealed may deny or not disclose to any state or local government agency or to any private employer in the Commonwealth that such an arrest, charge, or conviction occurred. Except as otherwise provided in this section, no person as to whom an order for sealing has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of that person’s denial or failure to disclose any information concerning an arrest, charge, or conviction that has been sealed.E\n\nA person who is the subject of the order of sealing entered pursuant to \u00a7 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or the sealing of an offense without the entry of an order pursuant to \u00a7 19.2-392.6:1 or 19.2-392.17, may not deny or fail to disclose information to any employer or prospective employer about an offense that has been ordered to be sealed if:1\n\nThe person is applying 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;2\n\nThis Code requires the employer to make such an inquiry;3\n\nFederal law requires the employer to make such an inquiry;4\n\nThe position, or 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; or5\n\nThe rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134 allow the employer to access such sealed records.\n\t\t\t\tFailure to disclose such sealed arrest, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.F\n\nAn order to seal an arrest, charge, or conviction entered 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 the sealing of an offense without the entry of an order pursuant to § 19.2-392.6:1 or 19.2-392.17, shall not relieve the person who was arrested, charged, or convicted of any obligation to pay all fines, costs, forfeitures, penalties, or restitution in relation to the offense that was ordered to be sealed. Additionally, no order to seal an arrest, charge, or conviction pursuant to § 19.2-392.12 shall be entered unless such person has fully paid his restitution in relation to the offense to be sealed.G\n\nAny arrest, charge, or conviction sealed 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 sealed without the entry of an order pursuant to § 19.2-392.6:1 or 19.2-392.17, may be admissible and considered in proceedings relating to the care and custody of a child. A person as to whom an order for sealing has been entered may be required to disclose a sealed arrest, charge, or conviction as part of such proceedings. Failure to disclose such sealed arrest, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.H\n\nAny arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 shall be (i) disclosed in any pretrial or sentencing report, including any discretionary sentencing guidelines; (ii) considered when ascertaining the punishment of a defendant; or (iii) considered in any hearing on the issue of bail, release, or detention of a defendant.I\n\nAny arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1 shall not constitute a barrier crime as defined in § 19.2-392.02, except as otherwise required under federal law.J\n\nA person shall be required to disclose any felony conviction sealed pursuant to § 19.2-392.12 for purposes of determining that person’s eligibility to be empaneled as a member of a jury. Failure to disclose such conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.K\n\nAn order to seal a charge or conviction entered pursuant to § 19.2-392.7, 19.2-392.12, or 19.2-392.12:1, or the sealing of an offense without the entry of an order pursuant to § 19.2-392.6:1, shall not serve to restore a person’s civil rights or a person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.","order_by":null,"text":{"0":{"id":299435,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Ancillary matter” means any (i) violation or alleged violation of the terms and conditions of a suspended sentence, probation, or parole; (ii) violation or alleged violation of contempt of court; (iii) charge or conviction for failure to appear; or (iv) appeal from a bail, bond, or recognizance order.\n\t\t\t“Records related to an arrest, charge, or conviction” means (i) the record of any specific arrest, charge, or conviction that has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 or (ii) any ancillary matter that was sealed pursuant to § 19.2-392.12 or 19.2-392.12:1.\n\t\t\t“Sealing” means to prohibit public access to records relating to an arrest, charge, or conviction, including any ancillary matter ordered to be sealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any court; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination is authorized for one or more of the purposes set forth in § 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. Sealing may be required either by the issuance of a court order following the filing of a petition or automatically by operation of law under the processes set forth in this chapter. “Sealing” does not prohibit or limit dissemination of records within or between any department, division, board, bureau, commission, branch, authority, or other agency created by the Commonwealth, or to which the Commonwealth 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299436,"text":"The provisions of this chapter shall only apply to adults who were arrested, charged, or convicted of a criminal offense and to juveniles who were tried in circuit court pursuant to § 16.1-269.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299437,"text":"Records relating to an arrest, charge, or conviction that have been sealed may be disseminated only for purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Any law-enforcement agency shall reply to any inquiry that no record exists with respect to an arrest, charge, or conviction that has been sealed, unless such information is permitted to be disclosed pursuant to § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. As provided in subsection B of § 19.2-392.14, a clerk of any court shall reply to any inquiry requesting access to a sealed court record that such court record has been sealed and can only be accessed pursuant to a court order. A clerk of any court and the Executive Secretary of the Supreme Court shall be immune from any cause of action arising from the production of sealed court records, including electronic records, absent gross negligence or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law or to affect any cause of action accruing prior to the effective date of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":299438,"text":"Except as otherwise provided in this section, upon entry of an order for sealing, the person who was arrested, charged, or convicted of the offense that was ordered to be sealed may deny or not disclose to any state or local government agency or to any private employer in the Commonwealth that such an arrest, charge, or conviction occurred. Except as otherwise provided in this section, no person as to whom an order for sealing has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of that person’s denial or failure to disclose any information concerning an arrest, charge, or conviction that has been sealed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":299439,"text":"A person who is the subject of the order of sealing entered pursuant to \u00a7 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or the sealing of an offense without the entry of an order pursuant to \u00a7 19.2-392.6:1 or 19.2-392.17, may not deny or fail to disclose information to any employer or prospective employer about an offense that has been ordered to be sealed if:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":299440,"text":"The person is applying 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;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":299441,"text":"This Code requires the employer to make such an inquiry;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":299442,"text":"Federal law requires the employer to make such an inquiry;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":299443,"text":"The position, or 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; or","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":299444,"text":"The rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134 allow the employer to access such sealed records.\n\t\t\t\tFailure to disclose such sealed arrest, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"10":{"id":299445,"text":"An order to seal an arrest, charge, or conviction entered 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 the sealing of an offense without the entry of an order pursuant to § 19.2-392.6:1 or 19.2-392.17, shall not relieve the person who was arrested, charged, or convicted of any obligation to pay all fines, costs, forfeitures, penalties, or restitution in relation to the offense that was ordered to be sealed. Additionally, no order to seal an arrest, charge, or conviction pursuant to § 19.2-392.12 shall be entered unless such person has fully paid his restitution in relation to the offense to be sealed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5","next_prefix":"G"},"11":{"id":299446,"text":"Any arrest, charge, or conviction sealed 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 sealed without the entry of an order pursuant to § 19.2-392.6:1 or 19.2-392.17, may be admissible and considered in proceedings relating to the care and custody of a child. A person as to whom an order for sealing has been entered may be required to disclose a sealed arrest, charge, or conviction as part of such proceedings. Failure to disclose such sealed arrest, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":299447,"text":"Any arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 shall be (i) disclosed in any pretrial or sentencing report, including any discretionary sentencing guidelines; (ii) considered when ascertaining the punishment of a defendant; or (iii) considered in any hearing on the issue of bail, release, or detention of a defendant.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"13":{"id":299448,"text":"Any arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1 shall not constitute a barrier crime as defined in § 19.2-392.02, except as otherwise required under federal law.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"14":{"id":299449,"text":"A person shall be required to disclose any felony conviction sealed pursuant to § 19.2-392.12 for purposes of determining that person’s eligibility to be empaneled as a member of a jury. Failure to disclose such conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution of perjury as provided for in § 18.2-434.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"15":{"id":299450,"text":"An order to seal a charge or conviction entered pursuant to § 19.2-392.7, 19.2-392.12, or 19.2-392.12:1, or the sealing of an offense without the entry of an order pursuant to § 19.2-392.6:1, shall not serve to restore a person’s civil rights or a person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.5\/","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":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\/"}],"refers_to":[{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"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":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":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":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":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":170567,"object_type":"law","relational_id":83552,"identifier":"19.2-392.5","token":"19.2\/23.2\/19.2-392.5","url":"\/19.2-392.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.5\/","token":"19.2\/23.2\/19.2-392.5","dublin_core":{"Title":"(Effective July 1, 2026) Sealing defined; effect of sealing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Ancillary matter<\/span>” means any (i) violation or alleged violation of the terms and conditions of a suspended sentence<\/span>, probation<\/span>, or parole<\/span>; (ii) violation or alleged violation of contempt of court<\/span>; (iii) charge or conviction for failure to appear; or (iv) appeal<\/span> from a bail<\/span>, bond<\/span>, or recognizance<\/span> order.\n\t\t\t“Records related to an arrest<\/span>, charge, or conviction<\/span>” means (i) the record of any specific arrest<\/span>, charge, or conviction that has been sealed<\/span> pursuant to § 19.2-392.6:1<\/a>, 19.2-392.7<\/a>, 19.2-392.8<\/a>, 19.2-392.10<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, 19.2-392.12:1<\/a>, or 19.2-392.17<\/a> or (ii) any ancillary matter<\/span> that was sealed<\/span> pursuant to § 19.2-392.12<\/a> or 19.2-392.12:1<\/a>.\n\t\t\t“Sealing<\/span>” means to prohibit public access to records relating to an arrest<\/span>, charge, or conviction, including any ancillary matter<\/span> ordered to be sealed<\/span>, in the possession<\/span> of (i) the Central Criminal Records Exchange; (ii) any court; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination is authorized for one or more of the purposes set forth in § 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>. Sealing<\/span> may be required either by the issuance of a court order<\/span> following the filing of a petition<\/span> or automatically by operation of law<\/span> under the processes set forth in this chapter. “Sealing<\/span>” does not prohibit or limit dissemination of records within or between any department, division, board, bureau, commission, branch, authority, or other agency created by the Commonwealth, or to which the Commonwealth 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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this chapter shall only apply to adults who were arrested, charged, or convicted of a criminal offense<\/span> and to juveniles who were tried in circuit<\/span> court pursuant to § 16.1-269.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Records relating to an arrest<\/span>, charge, or conviction that have been sealed<\/span> may be disseminated only for purposes set forth in § 19.2-392.13<\/a> and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. Any law-enforcement agency shall reply to any inquiry that no record exists with respect to an arrest<\/span>, charge, or conviction that has been sealed<\/span>, unless such information is permitted to be disclosed pursuant to § 19.2-392.13<\/a> and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. As provided in subsection B of § 19.2-392.14<\/a>, a clerk of any court shall reply to any inquiry requesting access to a sealed<\/span> court record that such court record has been sealed<\/span> and can only be accessed pursuant to a court order<\/span>. A clerk of any court and the Executive Secretary of the Supreme Court shall be immune from any cause of action<\/span> arising from the production of sealed<\/span> court records, including electronic records, absent gross negligence<\/span> or willful misconduct. This subsection shall not be construed to limit, withdraw, or overturn any defense or immunity already existing in statutory or common law<\/span> or to affect any cause of action<\/span> accruing prior to the effective date of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as otherwise provided in this section, upon entry of an order for sealing<\/span>, the person who was arrested, charged, or convicted of the offense<\/span> that was ordered to be sealed<\/span> may deny or not disclose to any state or local government agency or to any private employer in the Commonwealth that such an arrest<\/span>, charge, or conviction occurred. Except as otherwise provided in this section, no person as to whom an order for sealing<\/span> has been entered shall be held thereafter under any provision of law to be guilty of perjury<\/span> or otherwise giving a false statement by reason of that person’s denial or failure to disclose any information concerning an arrest<\/span>, charge, or conviction that has been sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A person who is the subject of the order of sealing<\/span> entered pursuant to \u00a7 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 the sealing<\/span> of an offense<\/span> without the entry of an order pursuant to \u00a7 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, may not deny or fail to disclose information to any employer or prospective employer about an offense<\/span> that has been ordered to be sealed<\/span> if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person is applying 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> This Code requires the employer to make such an inquiry; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Federal law requires the employer to make such an inquiry; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The position, or 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; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a> allow the employer to access such sealed<\/span> records.\n\t\t\t\tFailure to disclose such sealed<\/span> arrest<\/span>, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> An order to seal an arrest<\/span>, charge, or conviction entered 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 the sealing<\/span> of an offense<\/span> without the entry of an order pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, shall not relieve the person who was arrested, charged, or convicted of any obligation to pay all fines, costs, forfeitures, penalties, or restitution<\/span> in relation to the offense<\/span> that was ordered to be sealed<\/span>. Additionally, no order to seal an arrest<\/span>, charge, or conviction pursuant to § 19.2-392.12<\/a> shall be entered unless such person has fully paid his restitution<\/span> in relation to the offense<\/span> to be sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any arrest<\/span>, charge, or conviction sealed<\/span> 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 sealed<\/span> without the entry of an order pursuant to § 19.2-392.6:1<\/a> or 19.2-392.17<\/a>, may be admissible<\/span> and considered in proceedings relating to the care and custody<\/span> of a child. A person as to whom an order for sealing<\/span> has been entered may be required to disclose a sealed<\/span> arrest<\/span>, charge, or conviction as part of such proceedings. Failure to disclose such sealed<\/span> arrest<\/span>, charge, or conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any arrest<\/span>, charge, or conviction sealed<\/span> pursuant to § 19.2-392.6:1<\/a>, 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 19.2-392.17<\/a> shall be (i) disclosed in any pretrial or sentencing report, including any discretionary sentencing guidelines<\/span>; (ii) considered when ascertaining the punishment of a defendant<\/span>; or (iii) considered in any hearing<\/span> on the issue<\/span> of bail<\/span>, release, or detention of a defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Any arrest<\/span>, charge, or conviction sealed<\/span> pursuant to § 19.2-392.6:1<\/a>, 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> shall not constitute a barrier crime<\/span> as defined in § 19.2-392.02<\/a>, except as otherwise required under federal law. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A person shall be required to disclose any felony<\/span> conviction sealed<\/span> pursuant to § 19.2-392.12<\/a> for purposes of determining that person’s eligibility to be empaneled as a member of a jury<\/span>. Failure to disclose such conviction, if such failure to disclose was knowing or willful, shall be a ground for prosecution<\/span> of perjury<\/span> as provided for in § 18.2-434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> An order to seal a charge or conviction entered pursuant to § 19.2-392.7<\/a>, 19.2-392.12<\/a>, or 19.2-392.12:1<\/a>, or the sealing<\/span> of an offense<\/span> without the entry of an order pursuant to § 19.2-392.6:1<\/a>, shall not serve to restore a person’s civil rights or a person’s right to possess, transport, or carry a firearm, ammunition for a firearm, or a stun weapon. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) SEALING DEFINED; EFFECT OF SEALING (\u00a7 19.2-392.5)\n\nA. As used in this chapter, unless the context requires a different meaning:\n\t\t\t“Ancillary matter” means any (i) violation or alleged violation\nof the terms and conditions of a suspended sentence, probation, or parole; (ii)\nviolation or alleged violation of contempt of court; (iii) charge or conviction\nfor failure to appear; or (iv) appeal from a bail, bond, or recognizance order.\n\t\t\t“Records related to an arrest, charge, or conviction” means (i)\nthe record of any specific arrest, charge, or conviction that has been sealed\npursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10,\n19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 or (ii) any ancillary\nmatter that was sealed pursuant to § 19.2-392.12 or 19.2-392.12:1.\n\t\t\t“Sealing” means to prohibit public access to records relating to\nan arrest, charge, or conviction, including any ancillary matter ordered to be\nsealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any\ncourt; (iii) any police department, sheriff’s office, or campus police\ndepartment; or (iv) the Department of Motor Vehicles unless dissemination is\nauthorized for one or more of the purposes set forth in § 19.2-392.13 and\npursuant to the rules and regulations adopted pursuant to § 9.1-128 and the\nprocedures adopted pursuant to § 9.1-134. Sealing may be required either by\nthe issuance of a court order following the filing of a petition or\nautomatically by operation of law under the processes set forth in this chapter.\n“Sealing” does not prohibit or limit dissemination of records within\nor between any department, division, board, bureau, commission, branch,\nauthority, or other agency created by the Commonwealth, or to which the\nCommonwealth is a party or any political subdivision thereof, or with any\nfederal agency, for the purpose of administering any duties or functions\nrequired by state or federal law.\n\nB. The provisions of this chapter shall only apply to adults who were arrested,\ncharged, or convicted of a criminal offense and to juveniles who were tried in\ncircuit court pursuant to § 16.1-269.1.\n\nC. Records relating to an arrest, charge, or conviction that have been sealed\nmay be disseminated only for purposes set forth in § 19.2-392.13 and\npursuant to rules and regulations adopted pursuant to § 9.1-128 and\nprocedures adopted pursuant to § 9.1-134. Any law-enforcement agency shall\nreply to any inquiry that no record exists with respect to an arrest, charge, or\nconviction that has been sealed, unless such information is permitted to be\ndisclosed pursuant to § 19.2-392.13 and pursuant to rules and regulations\nadopted pursuant to § 9.1-128 and procedures adopted pursuant to §\n9.1-134. As provided in subsection B of § 19.2-392.14, a clerk of any court\nshall reply to any inquiry requesting access to a sealed court record that such\ncourt record has been sealed and can only be accessed pursuant to a court order.\nA clerk of any court and the Executive Secretary of the Supreme Court shall be\nimmune from any cause of action arising from the production of sealed court\nrecords, including electronic records, absent gross negligence or willful\nmisconduct. This subsection shall not be construed to limit, withdraw, or\noverturn any defense or immunity already existing in statutory or common law or\nto affect any cause of action accruing prior to the effective date of this\nsection.\n\nD. Except as otherwise provided in this section, upon entry of an order for\nsealing, the person who was arrested, charged, or convicted of the offense that\nwas ordered to be sealed may deny or not disclose to any state or local\ngovernment agency or to any private employer in the Commonwealth that such an\narrest, charge, or conviction occurred. Except as otherwise provided in this\nsection, no person as to whom an order for sealing has been entered shall be\nheld thereafter under any provision of law to be guilty of perjury or otherwise\ngiving a false statement by reason of that person’s denial or failure to\ndisclose any information concerning an arrest, charge, or conviction that has\nbeen sealed.\n\nE. A person who is the subject of the order of sealing entered pursuant to \u00a7\n19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or the\nsealing of an offense without the entry of an order pursuant to \u00a7 19.2-392.6:1\nor 19.2-392.17, may not deny or fail to disclose information to any employer or\nprospective employer about an offense that has been ordered to be sealed if:\n\n 1. The person is applying for full-time employment or part-time employment\n with, or to be a volunteer with, the State Police or a police department or\n sheriff’s office that is a part of or administered by the Commonwealth\n or any political subdivision thereof;\n\n 2. This Code requires the employer to make such an inquiry;\n\n 3. Federal law requires the employer to make such an inquiry;\n\n 4. The position, or access to the premises in or upon which any part of the\n duties of such position is performed or is to be performed, is subject to any\n requirement imposed in the interest of the national security of the United\n States under any security program in effect pursuant to or administered under\n any contract with, or statute or regulation of, the United States or any\n Executive Order of the President; or\n\n 5. The rules and regulations adopted pursuant to § 9.1-128 and procedures\n adopted pursuant to § 9.1-134 allow the employer to access such sealed\n records.\n \t\t\t\tFailure to disclose such sealed arrest, charge, or conviction, if such\n failure to disclose was knowing or willful, shall be a ground for prosecution\n of perjury as provided for in § 18.2-434.\n\nF. An order to seal an arrest, charge, or conviction entered pursuant to §\n19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or the\nsealing of an offense without the entry of an order pursuant to §\n19.2-392.6:1 or 19.2-392.17, shall not relieve the person who was arrested,\ncharged, or convicted of any obligation to pay all fines, costs, forfeitures,\npenalties, or restitution in relation to the offense that was ordered to be\nsealed. Additionally, no order to seal an arrest, charge, or conviction pursuant\nto § 19.2-392.12 shall be entered unless such person has fully paid his\nrestitution in relation to the offense to be sealed.\n\nG. Any arrest, charge, or conviction sealed 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 sealed without the\nentry of an order pursuant to § 19.2-392.6:1 or 19.2-392.17, may be\nadmissible and considered in proceedings relating to the care and custody of a\nchild. A person as to whom an order for sealing has been entered may be required\nto disclose a sealed arrest, charge, or conviction as part of such proceedings.\nFailure to disclose such sealed arrest, charge, or conviction, if such failure\nto disclose was knowing or willful, shall be a ground for prosecution of perjury\nas provided for in § 18.2-434.\n\nH. Any arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1,\n19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17\nshall be (i) disclosed in any pretrial or sentencing report, including any\ndiscretionary sentencing guidelines; (ii) considered when ascertaining the\npunishment of a defendant; or (iii) considered in any hearing on the issue of\nbail, release, or detention of a defendant.\n\nI. Any arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1,\n19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1 shall not\nconstitute a barrier crime as defined in § 19.2-392.02, except as otherwise\nrequired under federal law.\n\nJ. A person shall be required to disclose any felony conviction sealed pursuant\nto § 19.2-392.12 for purposes of determining that person’s\neligibility to be empaneled as a member of a jury. Failure to disclose such\nconviction, if such failure to disclose was knowing or willful, shall be a\nground for prosecution of perjury as provided for in § 18.2-434.\n\nK. An order to seal a charge or conviction entered pursuant to §\n19.2-392.7, 19.2-392.12, or 19.2-392.12:1, or the sealing of an offense without\nthe entry of an order pursuant to § 19.2-392.6:1, shall not serve to\nrestore a person’s civil rights or a person’s right to possess,\ntransport, or carry a firearm, ammunition for a firearm, or a stun weapon.\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}}