Virginia Clean Slate: Automatic vs. Petition Sealing
Virginia Clean Slate includes both automatic sealing and petition-based record sealing, but the two processes are not interchangeable. Some eligible convictions may be sealed through Virginia’s automatic-sealing system after the statutory requirements are satisfied, while other eligible records require a petition filed in Circuit Court. The correct pathway depends on the exact offense, final disposition, offense date, criminal history, waiting period, same-date convictions, and the particular sealing statute involved. This guide explains the difference between automatic sealing and petition-based sealing, how the major Virginia sealing pathways work, and what options may exist when a record expected to be sealed remains public.
Virginia Automatic vs. Petition Sealing Guide Topics
| Automatic vs. Petition | Automatic Conviction Sealing |
| Other Automatic Sealing | Petition-Based Sealing |
| § 19.2-392.12 | § 19.2-392.12:1 |
| Waiting Periods | Same-Date Convictions |
| Record Still Public? | FAQs |
Related Virginia Clean Slate Guides
Automatic Sealing vs. Petition-Based Sealing: What Is the Difference?
The basic distinction is whether Virginia law provides a process for the record to be identified and sealed without an ordinary petition or whether the person seeking relief must affirmatively file a petition in Circuit Court.
| Issue | Automatic Sealing | Petition-Based Sealing |
|---|---|---|
| Who starts the process? | The sealing process is initiated through the statutory automatic-sealing procedure | The person seeking relief files a petition |
| Which records qualify? | Only records covered by specific automatic-sealing provisions | Records specifically made eligible under a petition statute |
| Court filing by the person? | Generally not required for the ordinary automatic process | Required |
| Waiting period? | Depends on the automatic-sealing provision | Depends on the petition statute and record |
| Individual court findings? | Not the same individualized petition analysis used under § 19.2-392.12 | The Circuit Court must determine that the applicable statutory requirements are satisfied |
| What if the record remains public? | Eligibility and processing should be reviewed to determine whether another procedure may be available | The person may need to file the appropriate petition if the record is eligible |
Automatic sealing is therefore not simply an easier version of petition sealing. The two pathways arise under different statutes and can have different eligibility, timing, criminal-history, and procedural requirements.
How Automatic Conviction Sealing Works in Virginia
Virginia Code § 19.2-392.6 provides automatic sealing for a limited group of convictions with an offense date on or after January 1, 1986. The current automatic-conviction categories include:
- Misdemeanor petit larceny under § 18.2-96;
- Misdemeanor concealment or shoplifting under § 18.2-103;
- Specified trespass-related offenses under §§ 18.2-119, 18.2-120, and 18.2-134;
- A misdemeanor violation of § 18.2-248.1; and
- Disorderly conduct under § 18.2-415.
An offense appearing on this list is not automatically sealed immediately after conviction. Section 19.2-392.6 generally requires seven years to have passed since the conviction without a new reportable criminal conviction during that period, excluding traffic infractions under Title 46.2.
The statute also contains a same-date restriction. An otherwise eligible conviction is not automatically sealed under § 19.2-392.6 if the person was convicted on the same date of another offense that is not eligible for automatic sealing under that provision.
The automatic-conviction process is carried out under § 19.2-392.7. On at least a monthly basis, the Virginia Department of State Police electronically reviews records in the Central Criminal Records Exchange to identify offenses that meet the statutory automatic-sealing criteria. Eligible offenses identified through that process are transmitted through the court system so that sealing orders can be entered and implemented.
Other Automatic-Sealing Procedures in Virginia
Automatic conviction sealing under § 19.2-392.6 is not Virginia’s only automatic-sealing mechanism. Chapter 23.2 contains several separate procedures, and the correct process depends on how the case ended.
For example, § 19.2-392.8 provides automatic sealing procedures for certain misdemeanor charges that result in acquittal or dismissal with prejudice. It also allows a person acquitted of a felony or whose felony charge is dismissed with prejudice to request sealing at the time of disposition, subject to the statutory requirements.
Section 19.2-392.11 creates a separate electronic process for certain misdemeanor cases ending in acquittal, nolle prosequi, or dismissal when the person satisfies the criminal-history conditions in that section. The Department of State Police performs that review on at least an annual basis.
Virginia law also separately provides for sealing records of former marijuana-possession offenses under § 19.2-392.6:1.
These provisions illustrate why “automatic sealing” does not describe one single procedure. Different records can be subject to different statutory processes, and the rules for a conviction are not necessarily the same as the rules for a non-conviction.
When Is Petition-Based Sealing Required?
Petition-based sealing applies when Virginia law gives a person the right to ask a Circuit Court to seal an eligible record rather than providing for that record to be handled solely through an automatic process.
A petition is not simply an optional way to speed up automatic sealing because a person has an employment, housing, or licensing deadline. The particular statute must authorize petition relief for the charge, conviction, deferred dismissal, or ancillary matter involved.
Two of the most important petition statutes are:
- Virginia Code § 19.2-392.12, which provides petition-based sealing for specified convictions and deferred-and-dismissed charges; and
- Virginia Code § 19.2-392.12:1, which creates a separate petition procedure for specified charges, convictions, deferred dismissals, and ancillary matters related to Virginia’s automatic-sealing framework.
These provisions have different eligibility rules and should not be treated as interchangeable.
Petition Sealing Under Virginia Code § 19.2-392.12
Section 19.2-392.12 permits a person to petition for sealing of certain convictions and deferred-and-dismissed charges involving misdemeanors, Class 5 felonies, Class 6 felonies, felony larceny under § 18.2-95, and certain other felony larceny offenses punished under § 18.2-95, generally when the offense occurred on or after January 1, 1986.
The fact that an offense falls within one of those broad classifications does not by itself establish eligibility. The statute contains specific excluded offenses and additional requirements involving criminal history, waiting periods, restitution, rehabilitation in certain alcohol- or drug-related cases, and manifest injustice.
The applicable crime-free period is generally:
- Seven years for an eligible misdemeanor; and
- Ten years for an eligible felony.
The period is measured from the latest applicable event identified in the statute, which can include conviction, deferred dismissal, release from incarceration, or later violations of a suspended sentence, probation, or parole.
Section 19.2-392.12 also generally limits a person to two granted petitions during the person’s lifetime. Multiple eligible charges may be included in one petition when they arose from the same transaction or occurrence.
Petition Sealing Under Virginia Code § 19.2-392.12:1
Section 19.2-392.12:1 is a separate petition provision specifically connected to Virginia’s automatic-sealing framework.
Under subsection A, a person convicted of or given a deferred-and-dismissed disposition for certain specified offenses may file a petition to seal the charge or conviction when the statutory requirements are satisfied. The current list includes specified underage-alcohol, larceny, shoplifting, trespass, marijuana, drug-paraphernalia, and disorderly-conduct offenses.
For a petition under subsection A, the Circuit Court generally must find that seven years have passed since the conviction or dismissal of the deferred charge and that the petitioner has not had a new reportable criminal conviction during that period, excluding traffic infractions under Title 46.2.
Subsection B also allows a person whose conviction or offense has already been automatically sealed under specified provisions to petition to seal a specifically identified ancillary matter related to that charge or conviction.
Section 19.2-392.12:1 is important because it should not be understood merely as a generic “backup” when an automatic computer process fails. It is its own statutory petition mechanism with defined categories and requirements.
Unlike § 19.2-392.12, there is no lifetime limit on the number of petitions that may be granted under § 19.2-392.12:1, and a petition granted under § 19.2-392.12:1 does not count toward the two-petition lifetime limit imposed by § 19.2-392.12.
Why Automatic Sealing Does Not Always Mean Immediate Sealing
Automatic sealing means that the ordinary statutory process does not require the person to begin by filing an individual petition. It does not necessarily mean that an eligible record disappears from public access immediately upon becoming eligible.
For automatic conviction sealing under § 19.2-392.7, the Department of State Police performs electronic eligibility review on at least a monthly basis. The statute also provides that State Police is not required to include an offense on the automatic-sealing list when electronic review cannot determine whether the offense is eligible.
The automatic list also need not include an offense when electronic review shows that the person was charged with violating the law of another state, the District of Columbia, the United States, or a territory during the applicable seven-year period, excluding traffic infractions.
Other automatic-sealing statutes use different processes. For that reason, whether a record should already be sealed requires looking at the specific statute rather than relying only on the word “automatic.”
Automatic vs. Petition Sealing Waiting Periods
Different sealing pathways use different timing rules.
| Sealing Path | General Timing Rule |
|---|---|
| Automatic conviction sealing under § 19.2-392.6 | Generally seven years after conviction without a new reportable criminal conviction |
| § 19.2-392.12 misdemeanor petition | Generally seven crime-free years from the latest applicable statutory event |
| § 19.2-392.12 felony petition | Generally ten crime-free years from the latest applicable statutory event |
| § 19.2-392.12:1 subsection A petition | Generally seven years after conviction or dismissal of the deferred charge without a new reportable criminal conviction |
These are general timing rules, not a substitute for an eligibility analysis. Different automatic-sealing provisions can have different requirements, and § 19.2-392.12 can measure the waiting period from an event later than the original conviction date.
How Same-Date Convictions Affect Automatic and Petition Sealing
Same-date convictions can be particularly important when determining which Clean Slate pathway applies.
Under § 19.2-392.6, an otherwise eligible conviction is not automatically sealed if the person was convicted on the same date of another offense that is not eligible for automatic sealing under that section.
Section 19.2-392.12:1 contains a related restriction. A petition under that section may not request sealing when the charge, conviction, or ancillary matter was finalized on the same date as a conviction or deferred dismissal that is not eligible for sealing under § 19.2-392.12:1.
This means that two records arising or concluding at approximately the same time should not automatically be analyzed separately. Another charge or conviction can change whether the automatic or § 19.2-392.12:1 pathway is available.
Can Different Records Require Different Sealing Paths?
Yes. A person can have multiple criminal records that are governed by different sealing provisions.
For example, one conviction may fall within an automatic-sealing category, another conviction may potentially qualify only through § 19.2-392.12, and another record may not qualify for sealing at all. A deferred dismissal may also be treated differently from a conviction even when both records arose from similar conduct.
Multiple charges within the same case can also have different dispositions. The correct analysis therefore focuses on each charge and then considers how the records interact under the applicable statutes.
This is especially important before filing under § 19.2-392.12 because that provision generally limits a person to two granted petitions during a lifetime and allows certain eligible charges from the same transaction or occurrence to be included in one petition.
What If a Record Should Have Been Automatically Sealed but Is Still Public?
If a record appears to qualify for automatic sealing but remains publicly visible, the first step is to determine whether the official court and criminal-history records have actually been sealed.
A useful review generally asks:
- Is the offense actually covered by the applicable automatic-sealing statute?
- Has the required waiting period been completed?
- Has there been a later reportable criminal conviction that affects eligibility?
- Was there another conviction on the same date that prevents automatic sealing?
- Could the Department of State Police determine eligibility through electronic review?
- Does the record instead qualify for a petition under § 19.2-392.12 or § 19.2-392.12:1?
- Is the official record sealed while a private background-check company is still displaying older information?
A record remaining visible does not necessarily prove that a person is legally ineligible. It can indicate an eligibility issue, a statutory limitation, an electronic-review issue, incomplete record information, a petition requirement, or outdated third-party reporting.
Which Virginia Clean Slate Path May Apply?
| Situation | Potential Path |
|---|---|
| Specified § 19.2-392.6 conviction and all automatic requirements are satisfied | Automatic conviction sealing |
| Eligible misdemeanor or specified felony outside the ordinary automatic-conviction process | May require § 19.2-392.12 petition |
| Eligible deferred-and-dismissed charge within § 19.2-392.12 | § 19.2-392.12 petition |
| Specified conviction or deferred dismissal covered by § 19.2-392.12:1 | § 19.2-392.12:1 petition |
| Ancillary matter related to an offense already automatically sealed under a qualifying provision | May qualify for § 19.2-392.12:1 petition |
| Record fails the eligibility requirements of the applicable statute | No sealing under that particular provision |
The correct result depends on the actual charge, disposition, dates, criminal history, and other records involved. The table is therefore a starting point rather than a substitute for reviewing the applicable sealing statute.
When a Virginia Clean Slate Lawyer May Be Helpful
Legal review can be useful when it is unclear whether a record should be sealed automatically or requires a petition, when an apparently eligible automatic record remains public, or when multiple charges and convictions may fall under different sealing provisions.
A review can also help distinguish an eligibility problem from a processing problem or determine whether § 19.2-392.12, § 19.2-392.12:1, or another procedure may apply.
If you want an individualized review of which Virginia Clean Slate pathway may apply to your record, see our Virginia Clean Slate Lawyer page.
Automatic vs. Petition Sealing FAQs
What is the difference between automatic sealing and petition sealing in Virginia?
Automatic sealing uses a statutory process to identify and seal specified eligible records without requiring the person to begin with an ordinary individual petition. Petition-based sealing requires the person seeking relief to file in Circuit Court and satisfy the requirements of the applicable petition statute.
Does automatic sealing mean my record is sealed immediately?
No. Automatic sealing does not necessarily mean immediate sealing. Different statutes use different procedures, and automatic conviction sealing under § 19.2-392.7 involves electronic review and processing that occurs on at least a monthly basis.
Which convictions qualify for automatic sealing in Virginia?
Virginia Code § 19.2-392.6 identifies a limited group of specified misdemeanor convictions, including certain larceny, shoplifting, trespass-related, marijuana, and disorderly-conduct offenses. Additional requirements include the offense date, a seven-year crime-free period, and the absence of an ineligible same-date conviction.
If my conviction is not automatically sealable, can I file a petition?
Possibly. Virginia Code § 19.2-392.12 creates a broader petition pathway for certain misdemeanors, Class 5 and Class 6 felonies, qualifying felony larceny offenses, and deferred dismissals. Section 19.2-392.12:1 provides another petition pathway for specified charges and convictions related to the automatic-sealing framework.
What is the difference between § 19.2-392.12 and § 19.2-392.12:1?
Section 19.2-392.12 is the broader petition provision for specified convictions and deferred dismissals and includes offense exclusions, criminal-history requirements, seven-year or ten-year waiting periods, manifest injustice, and a general two-petition lifetime limit. Section 19.2-392.12:1 applies to specified charges, convictions, deferred dismissals, and ancillary matters related to automatic sealing and does not impose the same lifetime petition limit.
Is § 19.2-392.12:1 only available when automatic sealing fails?
No. Section 19.2-392.12:1 is a separate statutory petition mechanism. It permits petitions for specified convictions and deferred dismissals when its requirements are satisfied and also permits petitions for certain ancillary matters related to records that have already been automatically sealed.
How long do I have to wait for automatic conviction sealing?
For convictions covered by § 19.2-392.6, seven years generally must have passed since the conviction without a new reportable criminal conviction during that period, excluding traffic infractions under Title 46.2.
How long do I have to wait to file a petition under § 19.2-392.12?
The applicable crime-free period is generally seven years for an eligible misdemeanor and ten years for an eligible felony, measured from the latest applicable event identified by the statute.
Can another conviction on the same date prevent automatic sealing?
Yes. Under § 19.2-392.6, an otherwise eligible conviction is not automatically sealed when the person was convicted on the same date of another offense that is not eligible for automatic sealing under that provision.
Can different charges on my record use different sealing procedures?
Yes. One record may qualify for automatic sealing, another may require a petition under § 19.2-392.12 or § 19.2-392.12:1, and another may not qualify. Each charge should be reviewed under the statute that potentially applies to it.
What should I do if an automatically eligible record still appears publicly?
First confirm whether the official court and criminal-history records remain public. Then review the offense, waiting period, criminal history, same-date convictions, and automatic-processing requirements. If the official record remains unsealed, determine whether a petition or another procedure may be available. If the official record is sealed but a private background report still displays it, the issue may involve outdated third-party reporting.
Does petition sealing use up one of my lifetime sealing petitions?
A petition granted under § 19.2-392.12 generally counts toward that section’s lifetime limit of two granted petitions. A petition granted under § 19.2-392.12:1 does not count toward that limit, and there is no lifetime limit on the number of petitions that may be granted under § 19.2-392.12:1.
Need Help Determining Which Clean Slate Path Applies?
Whether a Virginia record should be sealed automatically or requires a petition can depend on the exact offense, final disposition, dates, criminal history, same-date convictions, and the specific sealing statute involved. If you want an individualized review of which Clean Slate pathway may apply to your record, contact our attorneys to request a confidential case review.
2/23/2026 | Updated 8/23/2026