                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) AUTOMATIC SEALING OF OFFENSES RESULTING IN ACQUITTAL OR
DISMISSAL (§ 19.2-392.8)

A. 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 &#xA7; 19.2-392.13, unless the person charged with the offense
objects to such automatic sealing.

B. 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
&#xA7; 19.2-392.13.

C. 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.

D. 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 &#xA7; 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 &#xA7; 19.2-392.2.

E. 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.

F. 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; 2025, cc. 634, 671.