Virginia Assault and Battery Record Sealing

Can an assault and battery conviction be sealed in Virginia? In many cases, yes. An ordinary Class 1 misdemeanor conviction for simple assault or assault and battery under Virginia Code § 18.2-57(A)(1) may qualify for petition-based record sealing under § 19.2-392.12. Assault and battery is not automatically sealed, and important exclusions apply, including offenses involving a family or household member.

Virginia Assault and Battery Record Sealing Guide

Assault & Battery Eligibility	Automatic Sealing
7-Year Waiting Period	Family or Household Members
Excluded Assault Offenses	CCRE & Background Checks
Petition Process	Assault & Battery FAQs

Related Virginia Record Relief Guides

Can an Assault and Battery Conviction Be Sealed in Virginia?

Yes. An ordinary misdemeanor conviction for simple assault or assault and battery under Virginia Code § 18.2-57(A)(1) may qualify for petition-based record sealing under § 19.2-392.12 when the statutory requirements are satisfied.

Virginia Code § 18.2-57(A)(1) makes simple assault and assault and battery a Class 1 misdemeanor. Section 19.2-392.12 generally permits petition-based sealing of eligible misdemeanor convictions and deferred-and-dismissed misdemeanor charges with offense dates on or after January 1, 1986.

Eligibility depends on more than the misdemeanor classification. The exact subsection of § 18.2-57, the relationship between the defendant and alleged victim, the petitioner’s criminal history, the applicable waiting period, and the exclusions contained in § 19.2-392.12 must also be considered.

What Is Assault and Battery Under Virginia Code § 18.2-57?

Virginia Code § 18.2-57(A)(1) provides that a person who commits simple assault or assault and battery is guilty of a Class 1 misdemeanor.

Virginia law distinguishes an assault from a battery, although both are addressed by § 18.2-57(A)(1). An assault can involve an attempt or threat to inflict bodily harm under circumstances creating a reasonable fear of imminent harm, while a battery generally involves an unlawful touching done in a rude, angry, vengeful, or insulting manner.

For record-sealing purposes, the important starting point is the exact offense of conviction. Section 18.2-57 contains several additional assault and battery offenses involving particular victims or circumstances, and not every conviction under § 18.2-57 has the same sealing eligibility.

Is Assault and Battery Automatically Sealed in Virginia?

No. Simple assault and assault and battery under § 18.2-57 are not among the convictions identified for automatic sealing under Virginia Code § 19.2-392.6.

Virginia’s automatic conviction-sealing statute currently identifies certain misdemeanor larceny, shoplifting, trespassing, marijuana, and disorderly conduct offenses. It does not include ordinary assault and battery under § 18.2-57(A)(1).

An eligible assault and battery conviction therefore generally requires a petition filed in Circuit Court under § 19.2-392.12.

How Long Must I Wait to Seal an Assault and Battery Conviction?

The general waiting period for an eligible misdemeanor assault and battery conviction under § 19.2-392.12 is seven years.

The seven-year period does not necessarily begin on the date of conviction. Virginia law measures the period from the latest applicable event associated with the charge or conviction. Depending on the circumstances, the applicable date may include:

The date of conviction;
The date of release from incarceration;
A later finding that the person violated a suspended sentence, probation, or parole related to the conviction; or
The date of release from incarceration following such a violation.

During the applicable seven-year period, the petitioner generally cannot have another conviction for an offense meeting the criminal-history reporting criteria identified by § 19.2-392.12. Virginia traffic infractions under Title 46.2 are excluded from this waiting-period restriction.

Can an Assault and Battery Conviction Be Sealed by Petition?

Yes. An eligible misdemeanor assault and battery conviction may be sealed by petition under Virginia Code § 19.2-392.12.

The petition is filed in the Circuit Court for the city or county where the criminal case was disposed of. The Commonwealth is made a party to the proceeding, and the petitioner must request that the Virginia Central Criminal Records Exchange electronically forward the petitioner’s Virginia and national criminal history record to the Circuit Court.

Unlike the special petition procedure applicable to certain automatically sealable offenses, a petition under § 19.2-392.12 requires the court to make several additional findings, including satisfaction of the criminal-history and waiting-period requirements and a finding that continued existence and possible dissemination of the information causes or may cause circumstances constituting a manifest injustice to the petitioner.

Can Assault and Battery Against a Family or Household Member Be Sealed?

Generally, no under § 19.2-392.12. Virginia’s petition-based sealing statute contains specific exclusions for offenses involving family or household members.

Virginia Code § 18.2-57.2, assault and battery against a family or household member, is expressly listed among the offenses ineligible for sealing under § 19.2-392.12.

In addition, § 19.2-392.12 separately excludes any offense where the victim of the crime to be sealed was a family or household member of the petitioner as defined by § 16.1-228.

This means the exclusion is not limited to cases formally convicted under § 18.2-57.2. Even when the final conviction is recorded as ordinary assault and battery under § 18.2-57, the relationship between the defendant and victim can affect eligibility if the victim was a statutory family or household member.

Can Domestic Assault Under § 18.2-57.2 Be Sealed?

A conviction for assault and battery against a family or household member under Virginia Code § 18.2-57.2 is expressly excluded from petition-based sealing under § 19.2-392.12.

Section 18.2-57.2 ordinarily classifies assault and battery against a family or household member as a Class 1 misdemeanor. However, the fact that the offense is a misdemeanor does not make it eligible because the record-sealing statute specifically excludes § 18.2-57.2.

The statute also excludes offenses where the victim was a family or household member even when the conviction was entered under another otherwise eligible offense.

What Assault and Battery Convictions Are Not Eligible for Sealing?

Not every assault or assault and battery conviction qualifies for petition-based sealing. The exact Code section, subsection, victim, and circumstances of the offense must be reviewed.

Assault on Law Enforcement and Certain Public Officials

A conviction under § 18.2-57(C) is expressly excluded from sealing under § 19.2-392.12. Section 18.2-57(C) applies to assaults and batteries against specified judges, magistrates, law-enforcement officers, correctional personnel, firefighters, emergency medical services personnel, and other persons identified by the statute when the required knowledge and other elements are established.

A violation of § 18.2-57(C) is a Class 6 felony, but its Class 6 classification does not make the offense eligible because § 19.2-392.12 specifically excludes that subsection.

Hate Crimes

Virginia Code § 19.2-392.12 also excludes offenses that constitute hate crimes as defined by § 52-8.5. Section 18.2-57 contains separate provisions addressing assaults committed against persons intentionally selected because of specified protected characteristics.

Accordingly, an assault involving a hate-crime designation or facts bringing the offense within Virginia’s statutory definition of a hate crime should not be treated as an ordinary § 18.2-57(A)(1) misdemeanor for sealing purposes.

Other Special Assault and Battery Offenses

Section 18.2-57 also contains misdemeanor provisions involving certain school employees, health care providers, public transportation operators, and sports officials.

These offenses should be evaluated according to the particular subsection of conviction and the exclusions in § 19.2-392.12 rather than assuming that every misdemeanor appearing under § 18.2-57 has the same sealing result as ordinary simple assault or assault and battery under § 18.2-57(A)(1).

What If a Felony Assault Charge Was Reduced to Misdemeanor Assault and Battery?

A person may originally be arrested or charged with a felony offense involving allegations of bodily injury but ultimately be convicted of ordinary misdemeanor assault and battery under § 18.2-57(A)(1).

When a felony charge results in an eligible misdemeanor conviction, sealing eligibility should generally be evaluated based on the final disposition while also considering the underlying transaction and the statutory exclusions.

The victim relationship remains important. A reduction to ordinary § 18.2-57(A)(1) does not avoid the exclusion in § 19.2-392.12 if the victim of the offense was a family or household member as defined by Virginia law.

The original felony arrest also remains important because a felony arrest ordinarily generates criminal history information reported to the CCRE. The original charge, amended charge, final conviction, and criminal history should therefore be reviewed together when determining what records may be subject to sealing.

What If the Assault and Battery Charge Was Deferred and Dismissed?

Virginia Code § 19.2-392.12 potentially permits petition-based sealing of an eligible misdemeanor charge that was deferred and dismissed, as well as an eligible misdemeanor conviction.

The same statutory exclusions must still be considered. In particular, § 18.2-57.3, which provides a deferred disposition procedure for certain first-offense assault and battery cases against a family or household member, is expressly listed among the offenses ineligible for sealing under § 19.2-392.12.

Other assault and battery charges that were dismissed, nolle prossed, acquitted, or otherwise resolved without a conviction may present a different record-relief analysis. Depending on the disposition and circumstances, Virginia’s non-conviction sealing provisions or traditional expungement may apply.

The final disposition and corresponding CCRE criminal history should be reviewed before determining which record-relief procedure is available.

Assault and Battery, CCRE Records, and Criminal Background Checks

An assault and battery case can create both a court record and criminal history information maintained by the Virginia Central Criminal Records Exchange. Virginia law requires criminal-history reporting for jailable misdemeanors under Title 18.2, subject to the statutory procedures governing arrests and summonses.

An ordinary assault and battery conviction under § 18.2-57(A)(1) can therefore appear in CCRE criminal history information in addition to the publicly accessible court record.

This distinction can be important because an assault-related criminal record may affect employment, professional licensing, housing, security screening, and other background checks.

When a court enters a qualifying sealing order under § 19.2-392.12, the clerk electronically notifies the Virginia Department of State Police. State Police then seals the criminal history record information covered by the order and provides the notifications required by Virginia law.

What Other Requirements Apply to Assault and Battery Record Sealing?

Completing the seven-year waiting period does not by itself establish eligibility for sealing. Virginia Code § 19.2-392.12 requires additional findings before a court may grant a petition.

Among the requirements and issues that can affect eligibility are:

The petitioner must never have been convicted of a Class 1 or Class 2 felony or another felony punishable by imprisonment for life;
The petitioner must not have been convicted of a Class 3 or Class 4 felony during the 20 years before filing the petition;
The petitioner must not have been convicted of another felony during the 10 years before filing the petition;
The applicable seven-year conviction-free waiting period for the misdemeanor assault and battery conviction must have been satisfied;
Any court-ordered restitution associated with the matter to be sealed must have been paid in full;
The petitioner must remain within the statutory lifetime limits for petitions granted under § 19.2-392.12;
Rehabilitation may have to be demonstrated if the records indicate that the occurrence involved the use of or dependence upon alcohol, narcotic drugs, or another intoxicant;
The offense must not fall within one of the statutory exclusions, including the family or household member exclusion; and
The continued existence and possible dissemination of information relating to the conviction must cause or may cause circumstances constituting a manifest injustice to the petitioner.

Does Assault and Battery Record Sealing Require Manifest Injustice?

Yes. An assault and battery petition under § 19.2-392.12 is subject to the statute’s manifest-injustice requirement.

The court may enter a sealing order only if it finds, among the other required criteria, that the continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances that constitute a manifest injustice to the petitioner.

This is an important distinction between ordinary assault and battery petitions under § 19.2-392.12 and the special petition procedure under § 19.2-392.12:1 for certain offenses that are also designated for automatic sealing.

How Many Assault and Battery Sealing Petitions Can Be Granted?

Virginia Code § 19.2-392.12 generally limits a person to two petitions granted under that section during the person’s lifetime.

Multiple eligible charges or convictions may be included in a single petition when they arose from the same transaction or occurrence and each charge or conviction is eligible for sealing.

This makes review of the petitioner’s complete Virginia and national criminal history important before deciding which records should be included in a sealing petition.

What Happens When an Assault and Battery Record Is Sealed?

A sealing order restricts ordinary public access to eligible criminal history record information and court records relating to the assault and battery charge or conviction.

Sealing does not necessarily mean that every record of the case is physically destroyed. Virginia law continues to permit access to and dissemination of sealed information for specified criminal justice, law-enforcement, government, licensing, federal, national-security, and other purposes authorized by law.

For ordinary public purposes, however, sealing can substantially restrict access to records that would otherwise continue to identify the assault and battery arrest, charge, or conviction.

How Do I Petition to Seal an Assault and Battery Conviction?

A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the assault and battery case was disposed of. The petition must identify the charge or conviction, final disposition, court record, and any eligible ancillary matters the petitioner seeks to have sealed.

The petition process generally includes:

Confirming the exact assault and battery statute and subsection;
Confirming the original charge and final disposition;
Determining the relationship between the petitioner and the victim;
Determining whether § 18.2-57.2, § 18.2-57(C), the family or household member exclusion, the hate-crime exclusion, or another statutory exclusion applies;
Confirming that the offense date was on or after January 1, 1986;
Calculating the correct seven-year misdemeanor waiting period;
Reviewing the petitioner’s complete Virginia and national criminal history;
Confirming that any court-ordered restitution has been paid in full;
Identifying related charges or eligible ancillary matters arising from the same transaction or occurrence;
Filing the petition in the appropriate Circuit Court;
Providing the petition to the Commonwealth’s Attorney as required by statute;
Requesting that the CCRE electronically forward the petitioner’s Virginia and national criminal history record to the court;
Establishing the applicable criminal-history, rehabilitation, restitution, petition-limit, manifest-injustice, and other statutory requirements; and
Obtaining an order directing that the eligible criminal history information and court records be sealed.

Virginia Assault and Battery Record Sealing FAQs

Can an assault and battery conviction be sealed in Virginia?

Yes. An ordinary Class 1 misdemeanor conviction for simple assault or assault and battery under Virginia Code § 18.2-57(A)(1) may qualify for petition-based sealing under § 19.2-392.12. The petitioner must still satisfy the waiting period, criminal history, manifest-injustice, petition-limit, and other statutory requirements, and the offense cannot fall within one of the exclusions.

Is assault and battery automatically sealed in Virginia?

No. Simple assault and assault and battery under § 18.2-57 are not among the convictions listed for automatic sealing under § 19.2-392.6. An eligible conviction generally requires a petition under § 19.2-392.12.

How long do I have to wait to seal an assault and battery conviction?

The general waiting period for an eligible misdemeanor is seven years. The period runs from the latest applicable event identified by § 19.2-392.12, which may be later than the original conviction date.

Can assault and battery against a family or household member be sealed?

Generally, no under § 19.2-392.12. A conviction under § 18.2-57.2 is expressly excluded, and § 19.2-392.12 also excludes an offense where the victim was a family or household member of the petitioner as defined by Virginia law.

Can a domestic assault conviction under § 18.2-57.2 be sealed?

No under § 19.2-392.12. Virginia Code § 18.2-57.2 is specifically listed among the offenses that are ineligible for petition-based sealing under that section.

Can an assault charge reduced from a felony to misdemeanor assault and battery be sealed?

Potentially. If the final conviction is an otherwise eligible misdemeanor under § 18.2-57(A)(1), petition-based sealing may be available. The underlying transaction, victim relationship, criminal history, statutory exclusions, and other requirements must still be reviewed.

Does assault and battery sealing require proof of manifest injustice?

Yes. For a petition under § 19.2-392.12, the court must find that the continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances constituting a manifest injustice to the petitioner.

Does sealing assault and battery seal the CCRE criminal record?

When a court enters a qualifying sealing order under § 19.2-392.12, the Virginia Department of State Police seals the criminal history record information covered by the order. Corresponding eligible court records are also subject to sealing, although sealed information remains available for certain purposes authorized by Virginia law.

Talk to a Virginia Record Sealing Lawyer

Virginia Super Lawyers 2025 Riley & Wells Attorneys-At-Law A Virginia assault and battery conviction may qualify for petition-based record sealing, but eligibility depends on the exact offense, victim relationship, criminal history, waiting period, statutory exclusions, and other requirements. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the original charge, final disposition, CCRE criminal history, and applicable sealing requirements to determine whether record sealing may be available.

9/2/2026