Virginia Record SealingOpen the workspace

What sealing does not do

Sealing is a real remedy with real limits. Knowing them before you file avoids an unpleasant surprise at a licensing board, an employer's background check or a later court appearance.

It is not deletion

A sealed record still exists. Sealing prohibits public access to records in the possession of the Central Criminal Records Exchange, courts, police and sheriff's offices, campus police and the DMV — it does not destroy them (§19.2-392.5(A)). Expungement is the remedy that removes a record rather than hiding it, and it applies to a different set of dispositions.

Government agencies can still share it

Sealing "does not prohibit or limit dissemination of records within or between any department, division, board, bureau, commission, branch, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party ... or with any federal agency, for the purpose of administering any duties or functions required by state or federal law" (§19.2-392.5(A)).

State Police practice mirrors that: once notified of a sealing order, the agency stops disseminating Central Criminal Records Exchange information except for the purposes the statute allows and notifies agencies and individuals known to hold the record (§19.2-392.13).

A court can still hear about it

No sealed arrest, charge or conviction may be used to impeach the credibility of a testifying witness unless the probative value, supported by specific facts and circumstances, substantially outweighs its prejudicial effect, and the other side gets reasonable written notice and a fair chance to contest its use (§19.2-392.13(J)). Law-enforcement officers and attorneys may also share sealed information when dealing with exculpatory, mitigating or impeachment evidence.

Seeing your own record takes a motion and order

The person whose offense was sealed may have access, but by motion and order — CC-1206 and CC-1207. Clerks can otherwise confirm only that a case is sealed, in a letter limited to the name, case number and date.

Firearm and civil rights are untouched

An order to seal under §19.2-392.7, §19.2-392.12 or §19.2-392.12:1 — or a seal by operation of law under §19.2-392.6:1 — does not restore a person's civil rights, or the right to possess, transport or carry a firearm, ammunition or a stun weapon (§19.2-392.5(K)).

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