Virginia statute
Va. Code Ann. § 19.2-392.6 — Automatic sealing of offenses resulting in conviction
Current through 2026 Regular Session
Part of Chapter 23.2: Sealing of Criminal History Record Information and Court Records, Code of Virginia.
Full text of Va. Code Ann. § 19.2-392.6
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
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. Subject to the provisions of subsection C, any conviction listed under subsection A shall be ordered to be automatically sealed if seven years have passed since the date of the conviction and the person convicted of such offense 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 § 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.
C. No conviction listed under subsection A shall be automatically sealed if, on the date of the conviction, the person was convicted of another offense that is not eligible for automatic sealing under subsection A.
D. This section shall not be construed as prohibiting a person from seeking sealing in the circuit court pursuant to the provisions of § 19.2-392.12 or 19.2-392.12:1 .
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