                                 CODE OF VIRGINIA

(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 (§
19.2-392.11)

A. On at least an annual basis, the Department of State Police shall
electronically review the Central Criminal Records Exchange and identify all
persons with finalized misdemeanor case dispositions with an offense date on or
after January 1, 1986, that resulted in (i) an acquittal, (ii) a nolle prosequi,
or (iii) a dismissal, excluding any charge that was deferred and dismissed after
a finding of facts sufficient to justify a finding of guilt, where the criminal
history record of such person contains no convictions for any criminal offense
for a violation of any law of the Commonwealth that requires a report to the
Central Criminal Records Exchange under subsection A of &#xA7; 19.2-390and where
such criminal history record contains no arrests or charges for a violation of
any law of the Commonwealth that requires a report to the Central Criminal
Records Exchange under subsection A of &#xA7; 19.2-390in the past three years,
excluding traffic infractions under Title 46.2. For purposes of this subsection,
any offense on the person&#8217;s criminal history record that has previously
been ordered to be sealed shall not be deemed a conviction.

B. Upon identification of the finalized case dispositions under subsection A,
the Department of State Police shall provide an electronic list of such offenses
to the Executive Secretary of the Supreme Court and to any circuit court clerk
who maintains a case management system that interfaces with the Department of
State Police under subsection B1 of &#xA7; 17.1-502. The Department of State
Police shall not be required to include an offense on such list if it cannot be
determined by an electronic review whether the offense is eligible for automatic
sealing.

C. Upon receipt of the electronic list from the Department of State Police
provided under subsection B, on at least an annual basis the Executive Secretary
of the Supreme Court shall provide an electronic list of such offenses to the
clerk of each circuit court in the jurisdiction where the case was finalized, if
such circuit court clerk participates in the case management system maintained
by the Executive Secretary.

D. Upon receipt of the electronic list provided under subsection B or C, on at
least an annual basis the clerk of each circuit court shall prepare an order and
the chief judge or presiding judge of that circuit court shall enter such order
directing that the offenses be automatically sealed under the process described
in &#xA7; 19.2-392.13.Such order shall contain the names of the persons charged
with such offenses. The clerk of each circuit court shall maintain a copy of all
orders entered pursuant to this subsection under seal.

E. The clerk of each circuit court shall provide an electronic notification of
any order entered under subsection D to the Department of State Police on at
least an annual basis. Upon receipt of such electronic notification, the
Department of State Police shall proceed as set forth in &#xA7; 19.2-392.13.

F. Any order to seal issued pursuant to this section shall be sealed and may
only be disseminated for the purposes set forth in &#xA7; 19.2-392.13and
pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128and
procedures adopted pursuant to &#xA7; 9.1-134.

G. This section shall not be construed as prohibiting a person from seeking
expungement in the circuit court pursuant to the provisions of &#xA7;
19.2-392.2.Entry of a sealing order pursuant to this section shall not prohibit
a person from seeking expungement in the circuit court pursuant to the
provisions of &#xA7; 19.2-392.2.

H. 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.

HISTORY: 2021, Sp. Sess. I, cc. 524, 542; 2023, cc. 554, 555; 2025, cc. 634,
671.