{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.6.html"}],"law_id":82865,"edition_id":1,"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","history":"2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634, 671.","full_text":"A\n\nIf a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7, subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103; § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of § 18.2-248.1; or § 18.2-415.B\n\nSubject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.C\n\nNo conviction listed under subsection A shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A.\n\t\t\tThis section shall not be construed as prohibiting a person from seeking sealing in the circuit court pursuant to the provisions of § 19.2-392.12 or 19.2-392.12:1.","order_by":null,"text":{"0":{"id":297026,"text":"If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7, subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103; § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of § 18.2-248.1; or § 18.2-415.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297027,"text":"Subject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense has not been convicted of violating any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":297028,"text":"No conviction listed under subsection A shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A.\n\t\t\tThis section shall not be construed as prohibiting a person from seeking sealing in the circuit court pursuant to the provisions of § 19.2-392.12 or 19.2-392.12:1.","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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.6\/","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":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\/"}],"refers_to":[{"id":67960,"section_number":"18.2-103","catch_line":"Concealing or taking possession of merchandise; altering price tags; transferring goods from one container to another; counseling, etc., another in performance of such acts","order_by":null,"url":"\/18.2-103\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":82145,"section_number":"18.2-120","catch_line":"Instigating, etc., such trespass by others; preventing service to persons not forbidden to trespass","order_by":null,"url":"\/18.2-120\/"},{"id":74280,"section_number":"18.2-134","catch_line":"Trespass on posted property","order_by":null,"url":"\/18.2-134\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":85076,"section_number":"18.2-96","catch_line":"Petit larceny defined; how punished","order_by":null,"url":"\/18.2-96\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":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":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\/"}],"permalink":{"id":170571,"object_type":"law","relational_id":82865,"identifier":"19.2-392.6","token":"19.2\/23.2\/19.2-392.6","url":"\/19.2-392.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.6\/","token":"19.2\/23.2\/19.2-392.6","dublin_core":{"Title":"(Effective July 1, 2026) Automatic sealing of offenses resulting in conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a person was convicted of a violation of any of the following sections with an offense<\/span> date on or after January 1, 1986, such conviction<\/span>, including any records relating to such conviction<\/span>, shall be ordered to be automatically sealed<\/span> in the manner set forth in § 19.2-392.7<\/a>, subject to the provisions of subsections B and C: a misdemeanor<\/span> violation of § 18.2-96<\/a> or 18.2-103<\/a>; § 18.2-119<\/a>, 18.2-120<\/a>, or 18.2-134<\/a>; a misdemeanor<\/span> violation of § 18.2-248.1<\/a>; or § 18.2-415<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subject to the provisions of subsection C, any conviction<\/span> listed under subsection A shall be ordered to be automatically sealed<\/span> if seven years have passed since the date of the conviction<\/span> and the person convicted of such offense<\/span> has not been convicted of violating any law<\/span> of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390<\/a> or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No conviction<\/span> listed under subsection A shall be automatically sealed<\/span> if, on the date of the conviction<\/span>, the person was convicted of another offense<\/span> that is not eligible for automatic sealing under subsection A.\n\t\t\tThis section shall not be construed as prohibiting a person from seeking sealing in the circuit<\/span> court<\/span> pursuant to the provisions of § 19.2-392.12<\/a> or 19.2-392.12:1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) AUTOMATIC SEALING OF OFFENSES RESULTING IN CONVICTION\n(\u00a7 19.2-392.6)\n\nA. If a person was convicted of a violation of any of the following sections\nwith an offense date on or after January 1, 1986, such conviction, including any\nrecords relating to such conviction, shall be ordered to be automatically sealed\nin the manner set forth in § 19.2-392.7, subject to the provisions of\nsubsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103;\n§ 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of §\n18.2-248.1; or § 18.2-415.\n\nB. Subject to the provisions of subsection C, any conviction listed under\nsubsection A shall be ordered to be automatically sealed if seven years have\npassed since the date of the conviction and the person convicted of such offense\nhas not been convicted of violating any law of the Commonwealth that requires a\nreport to the Central Criminal Records Exchange under subsection A of §\n19.2-390 or any other state, the District of Columbia, or the United States or\nany territory thereof, excluding traffic infractions under Title 46.2, during\nthat time period.\n\nC. No conviction listed under subsection A shall be automatically sealed if, on\nthe date of the conviction, the person was convicted of another offense that is\nnot eligible for automatic sealing under subsection A.\n\t\t\tThis section shall not be construed as prohibiting a person from seeking\nsealing in the circuit court pursuant to the provisions of § 19.2-392.12 or\n19.2-392.12:1.\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}}