                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) SEALING DEFINED; EFFECT OF SEALING (§ 19.2-392.5)

A. As used in this chapter, unless the context requires a different meaning:
			&#8220;Ancillary matter&#8221; 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.
			&#8220;Records related to an arrest, charge, or conviction&#8221; means (i)
the record of any specific arrest, charge, or conviction that has been sealed
pursuant to &#xA7; 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 &#xA7; 19.2-392.12 or 19.2-392.12:1.
			&#8220;Sealing&#8221; 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&#8217;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 &#xA7; 19.2-392.13 and
pursuant to the rules and regulations adopted pursuant to &#xA7; 9.1-128 and the
procedures adopted pursuant to &#xA7; 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.
&#8220;Sealing&#8221; 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. 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 &#xA7; 16.1-269.1.

C. Records relating to an arrest, charge, or conviction that have been sealed
may be disseminated only for purposes set forth in &#xA7; 19.2-392.13 and
pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128 and
procedures adopted pursuant to &#xA7; 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 &#xA7; 19.2-392.13 and pursuant to rules and regulations
adopted pursuant to &#xA7; 9.1-128 and procedures adopted pursuant to &#xA7;
9.1-134. As provided in subsection B of &#xA7; 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. 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&#8217;s denial or failure to
disclose any information concerning an arrest, charge, or conviction that has
been sealed.

E. A person who is the subject of the order of sealing 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, 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. 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&#8217;s office that is a part of or administered by the Commonwealth
   or any political subdivision thereof;

   2. This Code requires the employer to make such an inquiry;

   3. Federal law requires the employer to make such an inquiry;

   4. 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

   5. The rules and regulations adopted pursuant to &#xA7; 9.1-128 and procedures
   adopted pursuant to &#xA7; 9.1-134 allow the employer to access such sealed
   records.
   				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 &#xA7; 18.2-434.

F. An order to seal an arrest, charge, or conviction entered pursuant to &#xA7;
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 &#xA7;
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 &#xA7; 19.2-392.12 shall be entered unless such person has fully paid his
restitution in relation to the offense to be sealed.

G. Any arrest, charge, or conviction sealed pursuant to &#xA7; 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 &#xA7; 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 &#xA7; 18.2-434.

H. Any arrest, charge, or conviction sealed pursuant to &#xA7; 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. Any arrest, charge, or conviction sealed pursuant to &#xA7; 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 &#xA7; 19.2-392.02, except as otherwise
required under federal law.

J. A person shall be required to disclose any felony conviction sealed pursuant
to &#xA7; 19.2-392.12 for purposes of determining that person&#8217;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 &#xA7; 18.2-434.

K. An order to seal a charge or conviction entered pursuant to &#xA7;
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 &#xA7; 19.2-392.6:1, shall not serve to
restore a person&#8217;s civil rights or a person&#8217;s right to possess,
transport, or carry a firearm, ammunition for a firearm, or a stun weapon.

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