Virginia law, effective July 1, 2026, mandates automatic sealing of records for misdemeanor and felony cases that result in acquittal or dismissal with prejudice, unless the individual objects. For felonies, individuals can request sealing immediately after dismissal or acquittal, with court approval. The law emphasizes confidentiality of sealed records and provides pathways for expungement if sealing is denied.
Misdemeanor offenses, excluding traffic infractions, resulting in acquittal or dismissal with prejudice are automatically sealed unless the individual objects. Felony cases can also be sealed upon request after acquittal or dismissal.
Yes, in misdemeanor cases, the person charged can object to automatic sealing. If they do, the court will not seal the records unless they request expungement later.
The denial is without prejudice, meaning you can seek expungement through the circuit court under Virginia law.
Sealed records are confidential and only accessible for specific purposes outlined in Virginia law, with strict rules on dissemination and use.