                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) SEALING OF CHARGES AND CONVICTIONS RELATED TO AUTOMATIC
SEALING; PETITION (§ 19.2-392.12:1)

A. A person who has been convicted of or had a charge deferred and dismissed for
a violation of &#xA7; 4.1-305; a misdemeanor violation of &#xA7; 18.2-96 or
18.2-103; a violation of &#xA7; 18.2-119, 18.2-120, or 18.2-134; a misdemeanor
violation of &#xA7; 18.2-248.1; a violation of subsection A of &#xA7;
18.2-265.3; or a violation of &#xA7; 18.2-415, where the offense date for any
such offense was on or after January 1, 1986, may file a petition setting forth
the relevant facts and requesting the sealing of the criminal history record
information and court records relating to the charge or conviction. In addition
to requesting the sealing of a charge or conviction, such petition may also
request the sealing of any specifically identified ancillary matter related to
such charge or conviction.

B. A person who had a conviction or offense automatically sealed pursuant to
&#xA7; 19.2-392.7 or 19.2-392.11 where the offense date for such conviction or
offense was on or after January 1, 1986, or who had an offense sealed pursuant
to &#xA7; 19.2-392.6:1 regardless of the date of the offense, may file a
petition setting forth the relevant facts and requesting sealing of the criminal
history record information and court records of any specifically identified
ancillary matter related to that charge or conviction.

C. A person shall not be required to pay any court fees or costs for filing a
petition pursuant to this section.

D. The petition under subsection A or B, with a copy of the warrant, summons, or
indictment, if reasonably available, shall be filed in the circuit court of the
county or city in which the case was disposed of and shall contain, except when
not reasonably available, (i) the date of arrest; (ii) the name of the arresting
agency; (iii) the date of conviction, deferred dismissal, or final disposition
of any ancillary matter; and (iv) the case number associated with each court
record that is the subject of the petition. When this information is not
reasonably available, the petition shall state the reason for such
unavailability. The petition shall further state (a) the charge, conviction, or
ancillary matter to be sealed; (b) the date of final disposition of the charge,
conviction, or ancillary matter as set forth in the petition; (c) the
petitioner&#8217;s date of birth, sex, race, and social security number, if
available; and (d) the full name used by the petitioner at the time of arrest or
summons. A petition may request the sealing of the criminal history record
information and court records for multiple charges, convictions, or ancillary
matters as set forth in subsections A and B, provided that all such charges,
convictions, and ancillary matters are eligible for sealing under this section.
A petition may not request the sealing of the criminal history record
information and court records where the charge, conviction, or ancillary matter
was finalized on the same date as a conviction or deferred dismissal that is not
eligible for sealing under this section.

E. A petitioner is not limited in the number of petitions that may be granted
pursuant to this section within his lifetime. Any petition granted pursuant to
this section shall not be counted toward the lifetime maximum of two petitions
set forth in &#xA7; 19.2-392.12.

F. The Commonwealth shall be made party to the proceeding. The petitioner shall
provide a copy of the petition under subsection A or B by delivery or by
first-class mail, postage prepaid, to the attorney for the Commonwealth of the
county or city in which the petition is filed. The attorney for the Commonwealth
may file an objection or answer to the petition or may give written notice to
the court that he does not object to the petition within 30 days after it is
delivered to him or received in the mail.

G. In addition to the filing of the petition under subsection D, the petitioner
shall request that the Central Criminal Records Exchange (CCRE) electronically
forward a copy of the petitioner&#8217;s Virginia and national criminal history
record to the circuit court in which the petition was filed. Upon receiving such
request, the CCRE shall electronically forward such record to the circuit court;
however, if the circuit court is unable to receive an electronic transmission,
the CCRE shall forward a copy of such record to the circuit court which shall be
maintained under seal by the clerk unless otherwise ordered by the court. Upon
completion of the hearing, the court shall cause the criminal history record to
be destroyed unless, within 30 days of the date of the entry of the final order
in the matter, the petitioner or the attorney for the Commonwealth notes an
appeal as provided by law in civil cases.

H. After receiving the criminal history record of the petitioner, the court may
conduct a hearing on the petition.

I. For a petition filed pursuant to subsection A, the court shall enter an order
requiring the sealing of the records related to the charge, conviction, or
ancillary matter if the court finds that seven years have passed since the date
of conviction or of dismissal of the deferred charge listed in subsection A and
the petitioner 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 &#xA7; 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.

J. For a petition filed pursuant to subsection B, the court shall enter an order
to seal the ancillary matter if the charge or conviction identified in the
petition has been sealed pursuant to &#xA7; 19.2-392.6:1, 19.2-392.7, or
19.2-392.11.

K. If the attorney for the Commonwealth of the county or city in which the
petition is filed (i) gives written notice to the court pursuant to subsection F
that he does not object to the petition and (ii) stipulates in such written
notice that the petitioner is eligible to have such charge, conviction, or
ancillary matter sealed, the court may enter an order of sealing without
conducting a hearing.

L. Any party aggrieved by the decision of the court may appeal, as provided by
law in civil cases.

M. Upon the entry of an order of sealing, the clerk of the court shall maintain
a copy of such order under seal and shall cause an electronic notification of
such order to be forwarded to the Department of State Police. Such electronic
notification shall contain (i) the petitioner&#8217;s full name, date of birth,
sex, race, and social security number, if available; (ii) the full name used by
the petitioner at the time of arrest or summons; (iii) the petitioner&#8217;s
state identification number from the criminal history record; (iv) the court
case number of the charge, conviction, or ancillary matter to be sealed, if
available; and (v) the document control number, if available. The Department of
State Police shall validate the accuracy of any criminal history record ordered
to be sealed pursuant to this section but shall not validate whether such record
is eligible for sealing. Upon receipt of such electronic notification, the
Department of State Police shall seal such records in accordance with &#xA7;
19.2-392.13. The Department of State Police shall also electronically notify the
Office of the Executive Secretary of the Supreme Court and any other agencies
and individuals known to maintain or to have obtained such a record that such
record has been ordered to be sealed and may only be disseminated in accordance
with &#xA7; 19.2-392.13.

N. Any order entered where (i) the court or parties failed to strictly comply
with the procedures set forth in this section or (ii) the court entered an order
for the sealing of records contrary to law shall be voidable upon motion and
notice made within two years of the entry of such order.

O. A petition filed under this section and any responsive pleadings filed by the
attorney for the Commonwealth shall be maintained under seal by the clerk unless
otherwise ordered by the court. Any order to seal issued pursuant to this
section shall be sealed and may only be disseminated for the purposes set forth
in &#xA7; 19.2-392.13.

P. Nothing in this chapter shall prohibit the circuit court from entering an
order to seal a charge, conviction, or ancillary matter under this section when
such charge, conviction, or ancillary matter is eligible for sealing under some
other section of this chapter.

HISTORY: 2025, cc. 634, 671.