{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.8.html"}],"law_id":77668,"edition_id":1,"section_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","history":"2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.","full_text":"A\n\nIf a person is charged with the commission of a misdemeanor offense, excluding traffic infractions under Title 46.2, and the person is acquitted or the charge against him is dismissed with prejudice, the court disposing of the matter shall order that the charge be automatically sealed under the process described in § 19.2-392.13, unless the person charged with the offense objects to such automatic sealing.B\n\nIf a person is charged with the commission of a felony offense and is acquitted, or the charge against him is dismissed with prejudice, he may immediately upon the acquittal or dismissal orally request that the records relating to the charge be sealed. Upon such request and with the concurrence of the attorney for the Commonwealth, the court shall order the automatic sealing of records relating to the arrest or charge under the process described in § 19.2-392.13.C\n\nIf the court enters an order of sealing pursuant to subsection A or B, the court shall advise the person that the offense has been ordered to be automatically sealed.D\n\nAny denial by the court to enter a sealing order under subsection A or B shall be without prejudice, and the person may seek expungement in the circuit court pursuant to the provisions of § 19.2-392.2. Entry of a sealing order under subsection A or B shall not prohibit the person from seeking expungement in the circuit court pursuant to the provisions of § 19.2-392.2.E\n\nAny order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.F\n\nIf an offense is automatically sealed contrary to law, the automatic sealing of that particular offense shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense.","order_by":null,"text":{"0":{"id":278592,"text":"If a person is charged with the commission of a misdemeanor offense, excluding traffic infractions under Title 46.2, and the person is acquitted or the charge against him is dismissed with prejudice, the court disposing of the matter shall order that the charge be automatically sealed under the process described in § 19.2-392.13, unless the person charged with the offense objects to such automatic sealing.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278593,"text":"If a person is charged with the commission of a felony offense and is acquitted, or the charge against him is dismissed with prejudice, he may immediately upon the acquittal or dismissal orally request that the records relating to the charge be sealed. Upon such request and with the concurrence of the attorney for the Commonwealth, the court shall order the automatic sealing of records relating to the arrest or charge under the process described in § 19.2-392.13.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278594,"text":"If the court enters an order of sealing pursuant to subsection A or B, the court shall advise the person that the offense has been ordered to be automatically sealed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":278595,"text":"Any denial by the court to enter a sealing order under subsection A or B shall be without prejudice, and the person may seek expungement in the circuit court pursuant to the provisions of § 19.2-392.2. Entry of a sealing order under subsection A or B shall not prohibit the person from seeking expungement in the circuit court pursuant to the provisions of § 19.2-392.2.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":278596,"text":"Any order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":278597,"text":"If an offense is automatically sealed contrary to law, the automatic sealing of that particular offense shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.8\/","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":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"},{"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":170583,"object_type":"law","relational_id":77668,"identifier":"19.2-392.8","token":"19.2\/23.2\/19.2-392.8","url":"\/19.2-392.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.8\/","token":"19.2\/23.2\/19.2-392.8","dublin_core":{"Title":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a person is charged with the commission of a misdemeanor<\/span> offense<\/span>, excluding traffic infractions under Title 46.2, and the person is acquitted or the charge against him is dismissed with prejudice, the court<\/span> disposing of the matter shall order<\/span> that the charge be automatically sealed<\/span> under the process described in § 19.2-392.13<\/a>, unless the person charged with the offense<\/span> objects<\/span> to such automatic sealing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a person is charged with the commission of a felony<\/span> offense<\/span> and is acquitted, or the charge against him is dismissed with prejudice, he may immediately upon the acquittal<\/span> or dismissal<\/span> orally request that the records relating to the charge be sealed<\/span>. Upon such request and with the concurrence of the attorney for the Commonwealth, the court<\/span> shall order<\/span> the automatic sealing of records relating to the arrest<\/span> or charge under the process described in § 19.2-392.13<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> enters an order<\/span> of sealing pursuant to subsection A or B, the court<\/span> shall advise the person that the offense<\/span> has been ordered to be automatically sealed<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any denial by the court<\/span> to enter a sealing order<\/span> under subsection A or B shall be without prejudice, and the person may seek expungement in the circuit<\/span> court<\/span> pursuant to the provisions of § 19.2-392.2<\/a>. Entry of a sealing order<\/span> under subsection A or B shall not prohibit the person from seeking expungement in the circuit<\/span> court<\/span> pursuant to the provisions of § 19.2-392.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any order<\/span> to seal issued pursuant to this section shall be sealed<\/span> and may only be disseminated for the purposes set forth in § 19.2-392.13<\/a> and pursuant to rules and regulations adopted pursuant to § 9.1-128<\/a> and procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If an offense<\/span> is automatically sealed<\/span> contrary to law<\/span>, the automatic sealing of that particular offense<\/span> shall be voidable upon motion<\/span> and notice made within two years of the entry of the order<\/span> to automatically seal such offense<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) AUTOMATIC SEALING OF OFFENSES RESULTING IN ACQUITTAL OR\nDISMISSAL (\u00a7 19.2-392.8)\n\nA. If a person is charged with the commission of a misdemeanor offense,\nexcluding traffic infractions under Title 46.2, and the person is acquitted or\nthe charge against him is dismissed with prejudice, the court disposing of the\nmatter shall order that the charge be automatically sealed under the process\ndescribed in § 19.2-392.13, unless the person charged with the offense\nobjects to such automatic sealing.\n\nB. If a person is charged with the commission of a felony offense and is\nacquitted, or the charge against him is dismissed with prejudice, he may\nimmediately upon the acquittal or dismissal orally request that the records\nrelating to the charge be sealed. Upon such request and with the concurrence of\nthe attorney for the Commonwealth, the court shall order the automatic sealing\nof records relating to the arrest or charge under the process described in\n§ 19.2-392.13.\n\nC. If the court enters an order of sealing pursuant to subsection A or B, the\ncourt shall advise the person that the offense has been ordered to be\nautomatically sealed.\n\nD. Any denial by the court to enter a sealing order under subsection A or B\nshall be without prejudice, and the person may seek expungement in the circuit\ncourt pursuant to the provisions of § 19.2-392.2. Entry of a sealing order\nunder subsection A or B shall not prohibit the person from seeking expungement\nin the circuit court pursuant to the provisions of § 19.2-392.2.\n\nE. Any order to seal issued pursuant to this section shall be sealed and may\nonly be disseminated for the 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.\n\nF. If an offense is automatically sealed contrary to law, the automatic sealing\nof that particular offense shall be voidable upon motion and notice made within\ntwo years of the entry of the order to automatically seal such offense.\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}}