Virginia
Virginia Expungement Laws: § 19.2-392.2 and Virginia's New Sealing Law
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content
Virginia operates two regimes for clearing criminal records: traditional expungement under Va. Code § 19.2-392.2, limited to arrests that did not result in conviction, and a new sealing framework under Chapter 23.2 that has been in effect since July 1, 2026, introducing automatic sealing for eligible misdemeanor convictions under § 19.2-392.6 alongside a petition-based sealing pathway. A separate, amended version of § 19.2-392.2 itself takes effect December 1, 2026.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article addresses Virginia state law only, covering expungement under Va. Code § 19.2-392.2 and the sealing framework under Va. Code §§ 19.2-392.5 through 19.2-392.17. It does not address federal record relief or the laws of other states. For a 50-state overview, see Expungement Laws by State.
What Virginia Expungement Covers: § 19.2-392.2
Under Va. Code § 19.2-392.2, a person may petition a Virginia circuit court for expungement of police and court records when a criminal charge ended without a conviction. Qualifying outcomes include acquittal, nolle prosequi, dismissal, and accord and satisfaction. A person whose identity was wrongfully used in a criminal proceeding may also petition under this section. Expungement is not available under § 19.2-392.2 for a charge that resulted in a guilty verdict, a guilty plea, or an Alford plea. Courts grant petitions when continued existence of the record "causes or may cause circumstances which constitute a manifest injustice" to the petitioner. However, a petitioner with no prior criminal history who was arrested for a misdemeanor or a civil offense receives expungement as a matter of right, absent a showing of good cause to deny by the Commonwealth. For mandatory scenarios such as mistaken identity, absolute pardons, or vacated convictions, the court must order expungement. The policy statement in § 19.2-392.1 recognizes that arrest records create obstacles to employment and education even when no conviction resulted.
Key statute: Va. Code § 19.2-392.2. The fee waiver for petitions under this section is already in effect under current law.
How to File an Expungement Petition in Virginia
To seek expungement under § 19.2-392.2, a petitioner files in the circuit court of the county or city where the case was disposed. The petition must include: a copy of the warrant, summons, or indictment if available; the arrest date and name of the arresting agency; the specific criminal charge; the date of final disposition; and the petitioner's date of birth and full name used at the time of arrest. The petitioner must request that the Central Criminal Records Exchange (CCRE) electronically forward a copy of their Virginia criminal history record to the circuit court under seal. A copy of the petition must be served on the Commonwealth's Attorney in the same jurisdiction. For cases involving identity theft claims, one complete set of fingerprints obtained from a law enforcement agency is required. The Commonwealth's Attorney has the opportunity to object. If no objection is filed and the petitioner qualifies for relief as of right, the court may act without a hearing. Upon entry of an expungement order, the clerk forwards it to the Virginia Department of State Police, which directs appropriate expungement or removal of the records. No court filing fee or costs apply to expungement petitions under this section; this fee waiver is already part of current law.
Key statute: Va. Code § 19.2-392.2; Form CC-1473 (Petition for Expungement, Virginia Judicial System).
Automatic Sealing Under § 19.2-392.6 (In Effect Since July 1, 2026)
Virginia's most significant criminal-record reform in decades, Va. Code Chapter 23.2, has been in effect since July 1, 2026. Under Va. Code § 19.2-392.6, certain misdemeanor convictions are automatically sealed without any petition or court appearance by the person. The eligible offenses are convictions for: petit larceny (§ 18.2-96), concealing merchandise or shoplifting (§ 18.2-103), trespass after being forbidden to do so (§ 18.2-119), instigating trespass (§ 18.2-120), trespass on posted property (§ 18.2-134), misdemeanor marijuana distribution (§ 18.2-248.1), and disorderly conduct (§ 18.2-415). The offense date must be on or after January 1, 1986. To qualify, seven years must have passed since the date of conviction, and the person must not have been convicted during that period of any offense requiring a report to the CCRE (excluding traffic infractions). A conviction will not be automatically sealed if, on the same date as that conviction, the person was also convicted of a non-eligible offense. The process is government-initiated. The Department of State Police electronically identifies eligible records at least monthly, the Executive Secretary of the Supreme Court forwards qualifying cases to circuit court clerks, and a circuit court judge enters sealing orders. No action is required from the individual.
Key statutes: Va. Code §§ 19.2-392.6, 19.2-392.7 (in effect since July 1, 2026).
Petition-Based Sealing Under § 19.2-392.12
For convictions and deferred-and-dismissed dispositions that do not qualify for automatic sealing, Va. Code § 19.2-392.12, in effect since July 1, 2026, provides a petition pathway. Eligible offenses include misdemeanors, Class 5 and 6 felonies, and grand larceny and larceny felonies, provided the offense date is on or after January 1, 1986. A petitioner must satisfy six criteria: they must never have been convicted of a Class 1 or 2 felony or any felony punishable by life imprisonment; they must have no Class 3 or 4 felony conviction within the past 20 years; they must have no felony conviction within the past 10 years; the waiting period since final disposition must be at least seven years for misdemeanors and at least ten years for felonies, with no CCRE-reportable convictions during that period; full restitution must have been paid; and the petitioner must show that continued existence of the record causes or may cause manifest injustice. A lifetime cap of two granted petitions applies under this section. The petition is filed in circuit court, the Commonwealth's Attorney receives notice and has 30 days to object, and the court may act without a hearing if there is no objection and the Commonwealth stipulates eligibility. No filing fee applies.
Key statute: Va. Code § 19.2-392.12 (in effect since July 1, 2026).
What Sealing Does and Does Not Do in Virginia
Under Va. Code § 19.2-392.5 (in effect since July 1, 2026), sealing prohibits public access to records relating to an arrest, charge, or conviction held by the Virginia State Police, courts, local law enforcement agencies, sheriff's offices, and the Department of Motor Vehicles. Law enforcement must respond that no record exists regarding a sealed matter when asked by a member of the public, with exceptions for authorized disclosures. A person with a sealed record may lawfully deny or withhold information about the arrest or conviction from private employers and most government agencies, and cannot be prosecuted for perjury for doing so under § 19.2-392.5. Private background check companies must delete sealed criminal records under § 19.2-392.16. Sealing does not, however, restore firearm rights, eliminate financial obligations such as fines and restitution, or remove the offense from pretrial or sentencing reports in future proceedings under § 19.2-392.5. Access remains available for 28 specific purposes enumerated in § 19.2-392.13, including law enforcement employment screening, federally required background checks, national security clearances, and criminal justice functions. Sealed records are not sealed from other courts during sentencing.
Key statutes: Va. Code §§ 19.2-392.5, 19.2-392.13, 19.2-392.14, 19.2-392.15 (in effect since July 1, 2026).
Offenses Excluded from Sealing
Virginia's sealing law contains a broad list of offenses that cannot be sealed under any provision of Chapter 23.2. Under § 19.2-392.12, a Class 1 or 2 felony (or any felony punishable by life) is a permanent bar to petition-based sealing, while a Class 3 or 4 felony conviction is disqualifying only within a 20-year lookback window. Also excluded: sex offenses; violent felonies; firearm-related felonies; protective order violations; hate crimes; animal cruelty convictions; and crimes against family or household members. A petitioner who has ever been convicted of a Class 1 or 2 felony, or any felony carrying a life sentence, is ineligible for petition-based sealing regardless of how old that conviction is. For automatic sealing under § 19.2-392.6, the offense itself must be one of the seven listed categories; any other conviction on the same date disqualifies all records from that date.
Key statute: Va. Code § 19.2-392.12(L) (in effect since July 1, 2026).
Disclaimer: This page describes Virginia expungement and criminal record sealing law as of May 29, 2026. It presents general legal information and is not legal advice. The sealing provisions described in Va. Code Chapter 23.2 took effect July 1, 2026; a separate, amended version of Va. Code § 19.2-392.2 takes effect December 1, 2026. Statutes may change and individual circumstances vary. Consult a licensed Virginia attorney for advice on your specific situation.
Sources
The statutes and agency materials cited in this article are drawn from the Code of Virginia as published on the Virginia Legislative Information System and from materials published by the Virginia State Crime Commission.
- Va. Code § 19.2-392.1 (Statement of policy): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.1
- Va. Code § 19.2-392.2 (Expungement of police and court records): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.2
- Va. Code § 19.2-392.3 (Disclosure of expunged records): law.lis.virginia.gov/vacode/title19.2/chapter23.1/section19.2-392.3
- Va. Code § 19.2-392.5 (Sealing defined; effect of sealing): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.5
- Va. Code § 19.2-392.6 (Automatic sealing of offenses resulting in conviction, in effect since July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.6
- Va. Code § 19.2-392.7 (Process for automatic sealing, in effect since July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.7
- Va. Code § 19.2-392.8 (Automatic sealing of acquittals and dismissals, in effect since July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.8
- Va. Code § 19.2-392.12 (Petition-based sealing, in effect since July 1, 2026): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.12
- Va. Code § 19.2-392.13 (Disposition of records when sealed): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.13
- Va. Code § 19.2-392.15 (Prohibited employer practices): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.15
- Va. Code § 19.2-392.16 (Business screening services): law.lis.virginia.gov/vacode/title19.2/chapter23.2/section19.2-392.16
- Virginia State Crime Commission, Sealing of Criminal Records (vscc.virginia.gov/sealing.asp): vscc.virginia.gov/sealing.asp
- Virginia State Crime Commission, FAQs: Sealing (vscc.virginia.gov/sealingfaqs.asp): vscc.virginia.gov/sealingfaqs.asp
- Virginia Judicial System, Form CC-1473, Petition for Expungement: vacourts.gov/forms/circuit/cc1473.pdf
Related Articles
- Expungement Laws by State
- DUI Expungement by State: Which States Allow It?
- How to Check If Your Record Has Been Expunged
Last updated: May 29, 2026. Statutes cited reflect their in-force version as of May 29, 2026. Chapter 23.2 sealing provisions took effect July 1, 2026; the amended § 19.2-392.2 takes effect December 1, 2026.
More Virginia Laws
Frequently Asked Questions
How do you expunge your record in Virginia?
To expunge a record under Va. Code § 19.2-392.2, file a petition in the circuit court of the county or city where the case was disposed. The petition must include the warrant or summons if available, the arrest date, the arresting agency, the specific charge, the date of final disposition, and your date of birth and name at the time of arrest. Serve a copy on the Commonwealth's Attorney and request that the CCRE forward your criminal history to the court. The charge must have ended without a conviction: acquittal, nolle prosequi, or dismissal. No filing fee applies; this fee waiver is already part of current law.
What is the difference between expungement and sealing in Virginia?
Expungement under § 19.2-392.2 applies only to charges that did not result in a conviction. It directs State Police to expunge or remove those records. Sealing under Chapter 23.2, in effect since July 1, 2026, applies to a broader range of outcomes, including certain misdemeanor convictions, and prohibits public access to records while the records continue to exist within government systems. Sealing permits authorized government access for 28 specific purposes; expunged records are removed from the public-facing system entirely.
What does Virginia's record sealing law change in 2026?
Since July 1, 2026, Virginia's Chapter 23.2 sealing framework has been in effect. It creates automatic sealing for seven categories of misdemeanor convictions once seven years have passed since conviction with no disqualifying new offenses, under § 19.2-392.6. It also provides automatic sealing of acquittals and dismissals at the conclusion of a case under § 19.2-392.8, and a petition pathway for misdemeanors, Class 5 and 6 felonies, and larceny felonies under § 19.2-392.12. Private background check companies must delete sealed records under § 19.2-392.16. Separately, an amended version of the traditional expungement statute, § 19.2-392.2, takes effect December 1, 2026.
Can a conviction be expunged in Virginia?
Not under § 19.2-392.2, which covers only charges that ended without a conviction. However, since July 1, 2026, certain misdemeanor convictions can be sealed automatically under § 19.2-392.6 if seven years have passed since conviction with no subsequent qualifying offenses. Additional misdemeanor and certain felony convictions may qualify for petition-based sealing under § 19.2-392.12. Sealing restricts public access but does not remove records from government systems the way expungement does.
What offenses qualify for automatic sealing in Virginia?
Under § 19.2-392.6, in effect since July 1, 2026, the eligible convictions are: petit larceny (§ 18.2-96), concealing merchandise or shoplifting (§ 18.2-103), trespass after being forbidden to do so (§ 18.2-119), instigating trespass (§ 18.2-120), trespass on posted property (§ 18.2-134), misdemeanor marijuana distribution (§ 18.2-248.1), and disorderly conduct (§ 18.2-415). The offense must have occurred on or after January 1, 1986. Seven years must have passed since conviction with no CCRE-reportable convictions during that period, and no ineligible offense may have been convicted on the same date.
How long does it take to expunge a record in Virginia?
There is no statutory deadline for Virginia circuit courts to rule on expungement petitions under § 19.2-392.2. Processing time varies by jurisdiction. After the petition is filed and served on the Commonwealth's Attorney, the court may schedule a hearing or act on the papers if there is no objection. Total time from filing to a final order can range from a few weeks in straightforward cases to several months. For automatic sealing under § 19.2-392.6, which has been in effect since July 1, 2026, no action is required by the individual; the State Police and courts process eligible records at least monthly.
What is Va. Code § 19.2-392.2?
Va. Code § 19.2-392.2 is Virginia's principal expungement statute. It authorizes a person whose criminal charge ended without a conviction to petition a circuit court for expungement of police and court records. Qualifying outcomes include acquittal, nolle prosequi, dismissal, and accord and satisfaction. The court grants expungement when continued existence of the record causes or may cause manifest injustice. A petitioner with no prior record arrested for a misdemeanor or civil offense receives expungement as a matter of right absent Commonwealth objection. The fee waiver for petitions under this section is already part of current law.
Can a Virginia expungement or sealing restore gun rights?
No. Under Va. Code § 19.2-392.5, sealing does not restore firearm rights. Expungement under § 19.2-392.2 applies to non-conviction records; because no conviction occurred in eligible cases, firearm disqualifications based on that charge generally would not apply. Restoring firearm rights lost due to a Virginia felony conviction requires a separate governor's restoration-of-rights process and, in most cases, a separate federal relief application.
Updates
Corrected this page's central date error: Virginia's new record-sealing law (Chapter 23.2, including automatic sealing and petition-based sealing) took effect July 1, 2026 and has been operative law for weeks, not December 1, 2026 as this page previously stated throughout. December 1, 2026 is a real date, but it applies only to a separate, amended version of the older expungement statute, § 19.2-392.2.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the article's sealing-reform rollout date throughout the page: the bundle's own effective-date marker shows the current, arrest-only version of Va. Code Section 19.2-392.2 remains in force until December 1, 2026 (not July 1, 2026), and restated the court-fee waiver as already-current law rather than a future change; also narrowed the Class 3/4 felony sealing bar to its actual 20-year lookback and extended the sealed-record deny-right to government agencies per Section 19.2-392.5(D).
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 19.2: Criminal Procedure
§ 19.2-392.1Statement of policyIn force
The General Assembly finds that arrest records can be a hindrance to a citizen's ability to obtain employment and an education. It further finds that the police and court records of those of its citizens who have been absolutely pardoned for crimes for which they have been unjustly convicted or who have demonstrated their rehabilitation can also be a hindrance. This chapter is intended to protect such persons from the unwarranted damage that may occur as a result of being arrested and convicted.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 3 court opinionsMost recently applied by a court: 2003
Leading cases: Morris v. Massingill (Virginia Circuit Court 2003, 61 Va. Cir. 532) · Sanderlin v. Commonwealth (Virginia Circuit Court 2002, 58 Va. Cir. 375) · Hearn v. Hudson (District Court, W.D. Virginia 1982, 549 F. Supp. 949)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19.2-392.12Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petitionIn forcecited in 2 of our articles
A. Except as provided in subsection L, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 or any other felony offense in which the defendant is deemed guilty of larceny and punished as provided in § 18.2-95, where the offense date for such misdemeanor or felony was on or after January 1, 1986, may file a petition setting forth the relevant facts and requesting sealing of the criminal history record information and court records related 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 shall not be required to pay any court fees or costs for filing a petition pursuant to this section. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Background Check Laws: Employer, Housing, and Licensing Guide (2026)
§ 19.2-392.13Disposition of records when an offense is sealed; permitted uses of sealed recordsIn force
A. Upon electronic notification that a court order for sealing has been entered pursuant to § 19.2-392.7, 19.2-392.10, 19.2-392.11, 19.2-392.12, or 19.2-392.12:1, or upon the sealing of an offense without a court order pursuant to § 19.2-392.6:1 or 19.2-392.17, the Department of State Police shall not disseminate any criminal history record information contained in the Central Criminal Records Exchange, including any records relating to an arrest, charge, or conviction, that was ordered to be sealed, except for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134. Upon receipt of such electronic notification, the Department of State Police shall electronically notify those 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 for purposes set forth in this section and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 19.2-392.15Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penaltyIn forcecited in 2 of our articles
A. Except as provided in subsection B, agencies, officials, and employees of state and local governments, private employers that are not subject to federal laws or regulations in the hiring process, and educational institutions shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, charge, or conviction against him that has been sealed. An applicant need not, in answer to any question concerning any arrest, charge, or conviction, include a reference to or information concerning arrests, charges, or convictions that has been sealed. B. The provisions of subsection A shall not apply 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'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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 19.2-392.16Dissemination of criminal history records and traffic history records by business screening servicesIn force
A. For the purposes of this section: "Business screening service" means a person engaged in the business of collecting, assembling, evaluating, or disseminating Virginia criminal history records or traffic history records on individuals. "Business screening service" does not include any government entity or the news media. "Criminal history record" means any information collected by a business screening service on individuals containing any personal identifying information, photograph, or other identifiable descriptions pertaining to an individual and any information regarding arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 19.2-392.2(Effective until December 1, 2026) Expungement of police and court recordsIn forcecited in 2 of our articles
A. If a person is charged with the commission of a crime, a civil offense, or any offense defined in Title 18.2, and 1. Is acquitted, or 2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. A person shall not be required to pay any court fees or costs for filing a petition under this subsection. B. If any person whose name or other identification has been used without his consent or authorization by another person who has been charged or arrested using such name or identification, he may file a petition with the court disposing of the charge for relief pursuant to this section. A person shall not be required to pay any court fees or costs for filing a petition under this subsection. A petition filed under this subsection shall include one complete set of the petitioner's fingerprints obtained from a law-enforcement agency. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 5 court opinionsMost recently applied by a court: 2003
Leading cases: Brown v. Commonwealth (Virginia Circuit Court 2002, 60 Va. Cir. 214) · Snyder v. City of Alexandria (District Court, E.D. Virginia 1994, 870 F. Supp. 672) · John Doe v. William H. Webster, Director, Fbi (Court of Appeals for the D.C. Circuit 1979, 606 F.2d 1226)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Identity Theft Laws: Penalties and the Identity Theft Passport
§ 19.2-392.3Disclosure of expunged recordsIn force
A. It shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged. B. Upon a verified petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record, the court may enter an ex parte order, without notice to the person, permitting such access. An ex parte order may permit a review of the record, but may not permit a copy to be made of it. C. Upon a verified petition requesting access to an expunged court or police record that is filed by the person who was charged with the offense that was ordered to be expunged, with notice to the attorney for the Commonwealth, the court may enter an order allowing that person and their counsel to review and copy the expunged court or police record.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 4 court opinionsMost recently applied by a court: 2003
Leading cases: Morris v. Massingill (Virginia Circuit Court 2003, 61 Va. Cir. 532) · Snyder v. City of Alexandria (District Court, E.D. Virginia 1994, 870 F. Supp. 672) · Hearn v. Hudson (District Court, W.D. Virginia 1982, 549 F. Supp. 949)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 19.2-392.5Sealing defined; effect of sealingIn forcecited in 2 of our articles
A. As used in this chapter, unless the context requires a different meaning: "Ancillary matter" 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. "Records related to an arrest, charge, or conviction" means (i) the record of any specific arrest, charge, or conviction that has been sealed pursuant to § 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 § 19.2-392.12 or 19.2-392.12:1.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Court Records: How to Search, What's Public, and How Sealing Now Works (2026)
§ 19.2-392.6Automatic sealing of offenses resulting in convictionIn forcecited in 4 of our articles
A. (Effective until July 1, 2027) If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7, subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103; § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of § 18.2-248.1; or § 18.2-415. A. (Effective July 1, 2027) If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in § 19.2-392.7, subject to the provisions of subsections B and C: a misdemeanor violation of § 18.2-96 or 18.2-103; § 18.2-119, 18.2-120, or 18.2-134; a misdemeanor violation of former § 18.2-248.1; or § 18.2-415. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Expungement Laws by State: How to Clear Your Record (2026), Virginia Clean Slate Record Sealing Takes Effect July 1, 2026: What Gets Sealed (2026)
§ 19.2-392.7Process for automatic sealing of offenses resulting in a conviction or deferred dispositionIn force
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 § 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 § 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 § 17.1-502.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 19.2-392.8Automatic sealing of offenses resulting in acquittal or dismissalIn force
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 § 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 § 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
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Sources and References
- Va. Code § 19.2-392.1(law.lis.virginia.gov)
- Va. Code § 19.2-392.2(law.lis.virginia.gov)
- Va. Code § 19.2-392.3(law.lis.virginia.gov)
- Va. Code § 19.2-392.5(law.lis.virginia.gov)
- Va. Code § 19.2-392.6(law.lis.virginia.gov)
- Va. Code § 19.2-392.7(law.lis.virginia.gov)
- Va. Code § 19.2-392.8(law.lis.virginia.gov)
- Va. Code § 19.2-392.12(law.lis.virginia.gov)
- Va. Code § 19.2-392.13(law.lis.virginia.gov)
- Va. Code § 19.2-392.15(law.lis.virginia.gov)
- Va. Code § 19.2-392.16(law.lis.virginia.gov)
- Virginia State Crime Commission - Sealing FAQs(vscc.virginia.gov)
- Virginia Judicial System Form CC-1473(vacourts.gov)