                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) PROCESS FOR AUTOMATIC SEALING OF OFFENSES RESULTING IN
A CONVICTION OR DEFERRED DISPOSITION (§ 19.2-392.7)

A. On at least a monthly basis, the Department of State Police shall
electronically determine which offenses with an offense date on or after January
1, 1986, in the Central Criminal Records Exchange meet the criteria for
automatic sealing set forth in subsections A, B, and C of &#xA7; 19.2-392.6.

B. After reviewing the offenses under subsection A, the Department of State
Police shall provide an electronic list of all offenses that meet the criteria
for automatic sealing set forth in &#xA7; 19.2-392.6 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 (i) it cannot be determined by an
electronic review whether the offense is eligible for automatic sealing or (ii)
an electronic review of the person&#8217;s criminal history record indicates
that the person was charged with violating the law of any other state, the
District of Columbia, the United States or any territory thereof, excluding
traffic infractions under Title 46.2, during the seven-year time period set
forth in subsection B of &#xA7; 19.2-392.6.

C. Upon receipt of the electronic list from the Department of State Police
provided under subsection B, on at least a monthly basis the Executive Secretary
of the Supreme Court shall provide an electronic list of all offenses that meet
the criteria for automatic sealing set forth in &#xA7; 19.2-392.6 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 a monthly 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 that meet the criteria for automatic sealing set
forth in &#xA7; 19.2-392.6 be automatically sealed under the process described
in &#xA7; 19.2-392.13. Such order shall contain the names of the persons charged
with or convicted of 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 a monthly 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; 19.2-392.13 and
pursuant to rules and regulations adopted pursuant to &#xA7; 9.1-128 and
procedures adopted pursuant to &#xA7; 9.1-134.

G. 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.