What You Should Know About Automatic Sealing
In 2021, Virginia passed a law introducing significant reforms to the state's criminal record-sealing policies. Aspects of this law were revised in 2023. This new law provides a valuable opportunity for individuals to move forward without the burden of a criminal history following them.
The automatic sealing provisions of this law will take effect on October 1, 2025.
Expungement vs. Sealing
In Virginia, expungement and sealing generally mean the same thing. Sealing records aims to limit public access to an individual's criminal history. While in some states, expungement completely erases a record, in Virginia, expungement and sealing both serve to limit access to the record in question.
While the record still exists, it will not appear in most background checks. Additionally, these records will be kept in a secure location and are only accessible to a few people and only for a few specific reasons, such as
Automatic Sealing of Records
Starting October 1, 2025, individuals charged with a misdemeanor in Virginia but ultimately not convicted may have their records automatically sealed. A non-conviction can occur under several circumstances, such as an acquittal, dismissed charges, or if the prosecution chooses to drop the case (nolle prosequi).
A note on dismissals: a deferral-dismissal does not qualify for automatic sealing, as this involves a court finding sufficient evidence for a potential conviction before the case is dismissed.
Eligibility for Automatic Sealing for Convictions
Individuals with convictions may also be eligible for the automatic sealing of their records under the new law. Specifically, they may be eligible if at least seven years have passed since the dismissal or conviction and the individual has maintained a clean legal record during this time. This means they must not have been convicted of any laws in Virginia or any other jurisdiction, including the District of Columbia or federal territories, that would necessitate reporting to the Central Criminal Records Exchange.
Requesting Sealing of Records in Virginia
In Virginia, individuals have the right to request the sealing of their criminal records, although the process differs depending on the circumstances of the case. If a record is eligible for automatic sealing due to the new law, individuals do not need to take any action, as the process will begin automatically on October 1, 2025.
However, if an individual believes their record should be sealed sooner or if it falls outside the automatic sealing provisions, they may file a petition with the court.
To initiate this process, individuals should gather relevant documentation, including case numbers, court dates, and any supporting evidence demonstrating that they meet the eligibility criteria. The petition must be submitted to the appropriate circuit court in Virginia, along with any required fees. Once filed, the court will review the request, and a hearing may be scheduled where the individual can present their case to seal the record.
Consider Hiring Legal Representation
It's important to note that the success of such requests can depend on various factors, including the nature of the charges and the individual's legal history. Consulting with a legal professional may provide additional guidance and potentially improve the likelihood of a favorable outcome.
If you have questions about the new criminal record-sealing law set to take effect in 2025, reach out to The Law Offices of Daniel J. Miller. We can help you determine how this law may impact your situation.