NEWS / Virginia initiates automatic criminal record sealing

The Commonwealth of Virginia has started to automatically seal the criminal records without a need to file a petition. The change took effect on October 1 in accordance with the State’s Clean State Law, which had already taken effect on July 1.

Automatic record sealing applies to certain misdemeanor convictions, deferred dispositions, and non-convictions. The law requires Virginia State Police to review criminal records on a monthly basis to identify offenses eligible for sealing and send those records to the Commonwealth’s courts for formal sealing.

The law specifies a number of misdemeanors that qualify for automatic sealing, including petit larceny, shoplifting, trespassing, as well as underage alcohol, marijuana, and drug paraphernalia offenses. In most cases, at least 7 years must have passed since the misdemeanor conviction, with the convicted person not having a record of any other offenses since then.

“It’s helping our local economies, and it’s giving people their dignity back,” Attorney Lauren Young was quoted by WJLA ABC News 7 as stating. “Obviously people are concerned about it. They are worried that people are going to be able to hide scary and dangerous offenses. But most of those aren’t eligible for sealing now anyway. DUIs are not eligible; child abuse, sex offenses, those are not going to be eligible for sealing, neither will violent felonies.”

Sealed records are not automatically expunged so background check companies and government agencies would still be able to access those records for certain purposes, but would be prohibited from sharing that information publicly.

Automatic sealing for non-convictions also extends to certain felonies. Many misdemeanor cases that end in acquittal or dismissal with prejudice are also eligible for sealing.

Individuals whose records do not get sealed automatically are still eligible to petition for their criminal records to get sealed depending on the severity of their offense and their criminal history. Many misdemeanors and certain Class 5 and Class 6 felonies are eligible for this procedure.

The Virginia State Crime Commission published an FAQ on the automatic sealing process with this latest update.

If you require assistance retrieving federal or state-level criminal background checks and getting it apostilled or authenticated for use abroad, do not hesitate to contact us via e-mail at info@apostille.us or by phone at (212) 233-7061. You can also place an order on our website.