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- Yes. The General Assembly created a list of situations in which certain individuals or government agencies can access sealed records but only if they obtain a court order to do so. Police and prosecutors cannot view sealed records unless they get a court order.
www.justice4all.org/what-we-do/criminal-legal-system/expungement/virginia-2021-record-sealing/
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Sep 13, 2021 · VIRGINIA STATE CRIME COMMISSION. Petition-Based Sealing of Convictions Criteria to grant sealing: • 7 years (misdemeanor) or 10 years (felony) have elapsed from the date of conviction, final dismissal, or release from custody (latest date), with no Virginia CCRE reportable convictions or criminal convictions in other jurisdictions
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Under Virginia’s current expungement law, even with the help of a lawyer, expunging a criminal record often takes at least nine months, and sometimes much longer. Because the new law includes automatic sealing, some records will be sealed on a monthly basis, as soon as they become eligible.
Under the new law, sealing means the record will be transferred to a confidential and secure area inaccessible from normal use. Once a record is sealed or expunged, it can be accessed only by obtaining a court order and only for a few specific reasons set forth in the law.
In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
- I. Loss & Restoration of Civil/Firearms Rights
- II. Pardon Policy & Practice
- III. Expungement, Sealing & Other Record Relief
- IV. Criminal Record in Employment & Licensing
A. Civil rights
A person convicted of a felony loses the right to vote, hold public office, and sit on a jury. Va. Const. art. II, § 1 (“No person who has been convicted of a felony shall be qualified to vote unless his civil rights have been restored by the Governor or other appropriate authority.”); see also Va. Code Ann. § 8.01-338 (2) (“Persons convicted of treason or a felony” disqualified from jury service); Va. Code Ann. § 24.2-231 (disqualifying persons convicted of felonies from holding office). Civ...
B. Firearms
Persons convicted of a felony lose firearms rights, as do those adjudicated delinquent at age 14 or older of murder, kidnapping, robbery with a firearm, or rape. Additionally, an adjudication of delinquency for any crime that would be a felony if committed by an adult results in the loss of firearm rights until the age of 29. Va. Code Ann. § 18.2-308.2(A). Firearms rights may be restored by pardon or by gubernatorial restoration of rights, § 18.2-308.2(B), or by court order in the county of t...
A. Authority – Pardon and restoration of rights
The governor may grant a full pardon or limited restoration of rights, “under such rules and regulations as may be prescribed by law.” Va. Const. art. V, § 12; see also Va. Code § 53.1-229. Section 12 also requires the governor to “communicate to the General Assembly, at each regular session, particulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of punishment commuted, with his reasons for remitting, granting, or commuting the same.” In Virginia, the govern...
B. Administration
The legislature has authorized the Parole Board, at the request of the governor, to investigate and make recommendations on pardon cases, but this does not limit the governor’s power. Va. Code Ann. §§ 53.1-136(5), 53.1-231. The Parole Board consists of five members appointed by the governor to open-ended terms. No more than two members are full-time. § 53.1-135. One must be a representative of a victims group. § 53.1-134. Applications for both pardon and restoration of rights are made to the...
C. Eligibility
Restoration of rights On July 22, 2016, the Virginia Supreme Court struck down a series of executive orders issued by Governor Terry McAuliffe on a monthly basis beginning in April 2016, which purported to restore the vote automatically to all disenfranchised individuals who had completed their sentences and satisfied any attendant financial obligations. See Howell v. McAuliffe (Va. 2016). The court, in a 4-to-3 decision, disputed the governor’s assertion that his clemency power was absolute...
A. 2021 record clearing laws – in general
Until 2021, Virginia law made no provision for expunging or sealing adult conviction records, except those that have been vacated pursuant to a writ of actual innocence, see Va. Code Ann. § 19.2-392.2(J), or those which were the subject of an absolute pardon (for innocence), see§ 19.2-392.2 (I). With enactment of HB 2113 and SB 1406, Virginia gained one of the more progressive record relief systems in the country, with a mixture of automatic and petition-based sealing, both for convictions ge...
B. Deferred dispositions
General deferred dispositions: In 2020, Virginia enacted its first broad deferred disposition law, authorizing expungement with the consent of the prosecution. SB5033. Effective March 1, 2021, in any case, courts may, with the agreement of the Commonwealth, after plea or trial, with or without a guilty finding or determination, and notwithstanding entry of a conviction order—upon consideration of the facts and circumstances of the case, including mitigating factors and the request of the vict...
C. Marijuana offenses
Limited access to marijuana misdemeanor records: In May 2020, possession of marijuana was converted to a civil offense, § 18.2-250.1. Public access to records of past arrests, charges, and convictions for marijuana possession in the central repository was automatically limited, § 19.2-389.3, employers and educational institutions were prohibited from inquiring about them, and state and local officials may not requiring an applicant for a license, permit, registration, or governmental service...
A. Ban-the-Box in public hiring
In 2020, HB757added §§ 2.2-2812.1 and 15.2-1505.3 to the Code to limit inquiries by state agencies and localities regarding criminal arrests, charges, or convictions on employment applications, unless the inquiry takes place during or after a staff interview of the prospective employee. The prohibition does not apply to applications for law enforcement employment, or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purpo...
B. Occupational licensing
The Department of Professional and Occupational Licensure is subject to the general nondiscrimination provision at Va. Code Ann. § 54.1-204 (“Prior convictions not to abridge rights”). With an important caveat, a person may not be refused a license or occupational/professional certificate “solely because of” a prior criminal conviction, unless the criminal conviction “directly relates” to the occupation or profession for which the license, certificate or registration is sought. However, a boa...
(For effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record
Amendment Guidance. Most items (misspelling of the name of the registrant and/or parents, incorrect date and/or place of death, incorrect address, incorrect date of birth, incorrect sex of registrant, etc.) on a death certificate can be corrected either administratively or judicially.
