Virginia § 19.2-392.8 - (Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal
Full text of Virginia Code of Virginia § 19.2-392.8 — (Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal, with citation guidance and answers to common questions.
§ 19.2-392.8. (Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal
A. If a person is charged with the commission of a misdemeanor offense, excluding traffic infractions under Title 46.2, and the person is acquitted or the charge against him is dismissed with prejudice, the court disposing of the matter shall order that the charge be automatically sealed under the process described in § 19.2-392.13, unless the person charged with the offense objects to such automatic sealing.
B. If a person is charged with the commission of a felony offense and is acquitted, or the charge against him is dismissed with prejudice, he may immediately upon the acquittal or dismissal orally request that the records relating to the charge be sealed. Upon such request and with the concurrence of the attorney for the Commonwealth, the court shall order the automatic sealing of records relating to the arrest or charge under the process described in § 19.2-392.13.
C. If the court enters an order of sealing pursuant to subsection A or B, the court shall advise the person that the offense has been ordered to be automatically sealed.
D. Any denial by the court to enter a sealing order under subsection A or B shall be without prejudice, and the person may seek expungement in the circuit court pursuant to the provisions of § 19.2-392.2. Entry of a sealing order under subsection A or B shall not prohibit the person from seeking expungement in the circuit court pursuant to the provisions of § 19.2-392.2.
E. Any order to seal issued pursuant to this section shall be sealed and may only be disseminated for the purposes set forth in § 19.2-392.13 and pursuant to rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134.
F. If an offense is automatically sealed contrary to law, the automatic sealing of that particular offense shall be voidable upon motion and notice made within two years of the entry of the order to automatically seal such offense.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 19.2-392.8
What does Code of Virginia § 19.2-392.8 cover?
Section 19.2-392.8 ("(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 19.2-392.8?
A common citation format is "Code of Virginia § 19.2-392.8" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 19.2-392.8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.