Virginia Trespassing Record Sealing

Can a trespassing conviction be sealed in Virginia? Yes. Virginia Code §§ 18.2-119, 18.2-120, and 18.2-134 are specifically included in Virginia’s automatic conviction-sealing law. Generally, an eligible trespassing conviction may be automatically sealed seven years after conviction if the statutory criminal-history and same-date conviction requirements are satisfied. Virginia law also provides a special petition procedure for these trespassing records.

Virginia Trespassing Record Sealing Guide

Trespassing Eligibility	Automatic Sealing
Types of Trespassing	7-Year Waiting Period
Petition-Based Sealing	Same-Day Convictions
CCRE & Background Checks	Trespassing FAQs

Related Virginia Record Relief Guides

• Virginia Record Relief Guide
• Virginia Record Sealing Guide
• Virginia Expungement Guide
• Virginia Clean Slate Guide

Can a Trespassing Conviction Be Sealed in Virginia?

Yes. Virginia law specifically includes convictions under §§ 18.2-119, 18.2-120, and 18.2-134 among the offenses designated for automatic conviction sealing.

The offense date must have been on or after January 1, 1986, and the conviction must satisfy the seven-year criminal-history requirement and the rule concerning other convictions entered on the same date.

Virginia law also permits a person with an eligible trespassing conviction or qualifying deferred-and-dismissed trespassing charge to petition the Circuit Court for sealing under § 19.2-392.12:1.

These provisions make qualifying trespassing records different from many other misdemeanor convictions that are not included in Virginia’s automatic-sealing system.

What Trespassing Offenses Can Be Sealed in Virginia?

Virginia’s automatic-sealing law specifically identifies three trespassing statutes: §§ 18.2-119, 18.2-120, and 18.2-134.

Trespass After Being Forbidden — § 18.2-119

Virginia Code § 18.2-119 is the general trespassing statute. It applies when a person, without authority of law, goes upon or remains upon the lands, buildings, or premises of another after having been forbidden to do so.

The prohibition may be communicated orally or in writing by a person lawfully in charge of the property or through signs or other notices placed as permitted by law.

A violation of § 18.2-119 is a Class 1 misdemeanor and is specifically included in Virginia’s automatic conviction-sealing law.

Encouraging or Instigating Trespass — § 18.2-120

Virginia Code § 18.2-120 addresses soliciting, urging, encouraging, instigating, or procuring another person to commit a trespass when the statutory requirements are satisfied.

A violation of § 18.2-120 is a Class 1 misdemeanor and is also specifically included in Virginia’s automatic conviction-sealing provisions.

Trespassing While Hunting, Fishing, or Trapping — § 18.2-134

Virginia Code § 18.2-134 addresses certain trespassing on posted property for purposes of hunting, fishing, or trapping without the consent required by law.

A violation of § 18.2-134 is a Class 1 misdemeanor and is also specifically designated for automatic conviction sealing.

Is Trespassing Automatically Sealed in Virginia?

Yes, when the statutory requirements are satisfied. Virginia Code § 19.2-392.6 specifically includes convictions under §§ 18.2-119, 18.2-120, and 18.2-134 for automatic sealing.

For automatic sealing to apply:

• The offense date must have been on or after January 1, 1986;
• Seven years must have passed since the date of conviction;
• During that seven-year period, the person must not have been convicted of another offense meeting the criminal-history reporting criteria specified by § 19.2-392.6, excluding traffic infractions under Title 46.2; and
• The person must not have been convicted on the same date of another offense that is not eligible for automatic sealing under § 19.2-392.6.

A trespassing conviction therefore does not necessarily become sealed merely because seven years have passed. The person’s criminal history and any other convictions entered on the same date must also be reviewed.

How Long Does It Take for a Trespassing Conviction to Be Automatically Sealed?

The general period for automatic sealing of an eligible trespassing conviction is seven years from the date of conviction.

This is the waiting-period rule for automatic sealing under § 19.2-392.6. During those seven years, the person must remain free from the disqualifying convictions identified by the statute.

Virginia traffic infractions under Title 46.2 are excluded from this particular criminal-history restriction.

What If I Had Another Conviction During the Seven-Year Period?

A later conviction can prevent automatic sealing of an otherwise eligible trespassing conviction.

Section 19.2-392.6 requires that during the seven years following the trespassing conviction, the person not have another conviction meeting the criminal-history reporting criteria identified by the statute.

Whether a later conviction prevents automatic sealing depends on the nature of that conviction. The person’s complete Virginia and national criminal history should therefore be reviewed rather than considering only the trespassing case.

What If I Was Convicted of Another Offense on the Same Day as Trespassing?

A same-day conviction can prevent automatic sealing. Virginia Code § 19.2-392.6 provides that an otherwise qualifying conviction will not be automatically sealed if the person was also convicted on that date of another offense that is not eligible for automatic sealing.

This issue can arise when a trespassing charge is resolved together with another criminal charge. The trespassing conviction may otherwise satisfy the seven-year requirement, but the companion disposition can affect whether automatic sealing occurs.

The special petition procedure under § 19.2-392.12:1 also contains a same-date restriction involving a conviction or deferred dismissal that is not eligible under that section.

Can a Trespassing Conviction Be Sealed by Petition?

Yes. Virginia Code § 19.2-392.12:1 specifically permits petition-based sealing for eligible convictions under §§ 18.2-119, 18.2-120, and 18.2-134.

For an eligible trespassing conviction, the court shall enter a sealing order under § 19.2-392.12:1 when seven years have passed since the conviction and the petitioner has not been convicted during that period of another offense meeting the criminal-history criteria identified by the statute, excluding traffic infractions under Title 46.2.

The petition may also request sealing of specifically identified ancillary matters related to an eligible trespassing charge or conviction.

Does a Trespassing Petition Require Manifest Injustice?

The special petition procedure under § 19.2-392.12:1 does not impose the manifest-injustice requirement applicable to petitions under § 19.2-392.12.

Instead, § 19.2-392.12:1 provides that the court shall enter a sealing order when the statutory requirements applicable to the petition are satisfied.

This makes the petition procedure for qualifying trespassing records different from the petition process used for many other misdemeanor and felony convictions.

Does a Trespassing Petition Count Toward the Two-Petition Lifetime Limit?

No. A petition granted under § 19.2-392.12:1 does not count toward the two-petition lifetime maximum applicable to petitions granted under § 19.2-392.12.

Section 19.2-392.12:1 also does not limit the number of petitions that may be granted under that section during a person’s lifetime.

Each charge or conviction must still independently satisfy the applicable statutory requirements.

Can a Deferred and Dismissed Trespassing Charge Be Sealed?

Potentially. Section 19.2-392.12:1 specifically applies to eligible charges under §§ 18.2-119, 18.2-120, and 18.2-134 that were deferred and dismissed, as well as convictions under those statutes.

For a qualifying deferred-and-dismissed trespassing charge, the court shall enter a sealing order when seven years have passed since the deferred charge was dismissed and the petitioner has not been convicted during that period of another offense meeting the criminal-history criteria identified by the statute, excluding Title 46.2 traffic infractions.

A deferred-and-dismissed charge is different from a conviction subject to automatic sealing under § 19.2-392.6. The exact final disposition should therefore be confirmed before determining the applicable sealing procedure.

What If the Trespassing Charge Was Dismissed?

A trespassing charge may be dismissed, nolle prossed, acquitted, deferred and dismissed, or otherwise resolved without a conviction.

The proper record-relief procedure depends on the exact disposition. A qualifying deferred-and-dismissed charge under §§ 18.2-119, 18.2-120, or 18.2-134 is specifically addressed by § 19.2-392.12:1.

Other non-conviction dispositions may be subject to Virginia’s automatic non-conviction sealing provisions or may present a traditional expungement issue.

A dismissal does not necessarily mean that every record of the charge has disappeared. The court disposition and corresponding criminal history should be reviewed before determining whether additional record relief is available or necessary.

Trespassing, CCRE Records, and Criminal Background Checks

A trespassing case can create both a court record and criminal history information maintained through the Virginia Central Criminal Records Exchange. The trespassing offenses addressed on this page are jailable misdemeanors under Title 18.2 and can be included in Virginia criminal history records.

The CCRE criminal history record is separate from the publicly accessible court record. Depending on how the case began and was ultimately resolved, the criminal history may reflect the charge and final conviction, dismissal, or other disposition.

This distinction can matter when a person is concerned about employment, professional licensing, housing, or other criminal background checks.

When a qualifying trespassing record is sealed, the covered criminal history record information maintained by the Virginia Department of State Police and the corresponding eligible court records are sealed in accordance with Virginia law.

Can Multiple Trespassing Convictions Be Sealed?

Potentially. Section 19.2-392.12:1 does not impose a lifetime numerical limit on the number of petitions that may be granted under that section.

A petition granted under § 19.2-392.12:1 also does not count toward the two-petition lifetime maximum applicable to petitions under § 19.2-392.12.

A petition may request sealing of multiple eligible charges, convictions, or ancillary matters when each qualifies under § 19.2-392.12:1. The criminal-history and same-date requirements must still be satisfied.

What Happens When a Trespassing Record Is Sealed?

Sealing restricts ordinary public access to the criminal history record information and court records covered by Virginia’s sealing law.

When a trespassing case generated corresponding CCRE criminal history information, the applicable sealing process can result in that covered criminal history information being sealed as well.

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 trespassing charge or conviction.

How Do I Petition to Seal a Trespassing Conviction?

A petition under Virginia Code § 19.2-392.12:1 is filed in the Circuit Court for the city or county where the trespassing case was disposed of. The petition identifies the charge or conviction, final disposition, court record, and any specifically identified ancillary matters the petitioner seeks to have sealed.

The petition process generally includes:

1. Identifying the exact trespassing statute, including § 18.2-119, § 18.2-120, or § 18.2-134;
2. Confirming whether the final disposition was a conviction or deferred dismissal;
3. Confirming that the offense date was on or after January 1, 1986;
4. Determining whether seven years have passed since the conviction or applicable deferred-dismissal date;
5. Reviewing the petitioner’s complete Virginia and national criminal history;
6. Determining whether a disqualifying conviction occurred during the applicable seven-year period;
7. Determining whether an ineligible conviction or deferred dismissal was finalized on the same date;
8. Identifying any eligible ancillary matters that should also be sealed;
9. Filing the petition in the appropriate Circuit Court;
10. Providing the petition to the Commonwealth’s Attorney;
11. Requesting that the CCRE electronically forward the petitioner’s Virginia and national criminal history record to the court; and
12. Obtaining an order sealing the eligible criminal history information and court records when the statutory requirements are satisfied.

Virginia Trespassing Record Sealing FAQs

Can a trespassing conviction be sealed in Virginia?

Yes. Convictions under Virginia Code §§ 18.2-119, 18.2-120, and 18.2-134 are specifically included in Virginia’s automatic conviction-sealing law and may also qualify for the petition procedure under § 19.2-392.12:1 when the statutory requirements are satisfied.

Is trespassing automatically sealed in Virginia?

Yes, when the statutory requirements are satisfied. Virginia Code § 19.2-392.6 specifically includes convictions under §§ 18.2-119, 18.2-120, and 18.2-134 for automatic sealing. Generally, seven years must have passed since conviction without another disqualifying conviction during that period, and there cannot have been another ineligible conviction entered on the same date.

How long does it take for a trespassing conviction to be automatically sealed?

The general period is seven years from the date of conviction. During that period, the person must not have another conviction meeting the criminal-history reporting criteria identified in § 19.2-392.6, excluding traffic infractions under Title 46.2.

What Virginia trespassing offenses qualify for automatic sealing?

Virginia Code § 19.2-392.6 specifically includes convictions under § 18.2-119 for trespass after being forbidden, § 18.2-120 for certain conduct encouraging or instigating trespass, and § 18.2-134 involving certain trespassing for hunting, fishing, or trapping.

Can a deferred and dismissed trespassing charge be sealed?

Potentially. Virginia Code § 19.2-392.12:1 specifically includes qualifying charges under §§ 18.2-119, 18.2-120, and 18.2-134 that were deferred and dismissed. Generally, seven years must have passed since dismissal and the petitioner must satisfy the criminal-history and other requirements of the statute.

What if I had another conviction during the seven-year period?

A disqualifying conviction during the seven-year period can prevent automatic sealing. The person’s complete criminal history should be reviewed to determine whether the later conviction falls within the categories identified by § 19.2-392.6.

Does a trespassing petition count toward the two-petition lifetime limit?

No. A petition granted under § 19.2-392.12:1 does not count toward the two-petition lifetime maximum applicable under § 19.2-392.12. Section 19.2-392.12:1 also does not limit the number of petitions that may be granted under that section during a person’s lifetime.

Does sealing trespassing seal the CCRE criminal record?

When a trespassing record is properly sealed, the covered criminal history record information maintained by the Virginia Department of State Police is sealed in accordance with Virginia law. Corresponding eligible court records are also subject to sealing, although sealed information remains available for certain purposes authorized by law.

Talk to a Virginia Record Sealing Lawyer

A Virginia trespassing conviction may qualify for automatic sealing or the special petition procedure available for certain automatically sealable offenses. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the exact trespassing charge, final disposition, conviction date, criminal history, companion offenses, CCRE record, and other statutory requirements to determine whether the record is eligible for sealing.

9/2/2026