28 Reasons Your Sealed Criminal Record May Be Shared in Virginia

Starting July 1, 2026, Virginia’s new sealing law under Chapter 23.2 dramatically changes how police and court records are stored, shared, and viewed by the public. For many people, sealing a previous arrest, charge, or even certain convictions makes it invisible to landlords, most employers, and online court searches. But the protection isn’t absolute. Under Virginia Code § 19.2-392.13(C), there are 28 specific situations where a sealed criminal record in Virginia may still be disclosed and used.

Understanding the 28 disclosures helps you set realistic expectations before pursuing relief and decide whether the new statewide sealing process or another remedy fits your situation. Below, the permitted uses are grouped into plain-English buckets so you can see who can see what.

What Does It Mean to Have a Sealed Criminal Record in Virginia?

When a record is sealed, the Department of State Police and the courts stop sharing it with the public. Online court information disappears, and most background checks should not return the offense. Sealing differs from traditional Virginia expungement, which is reserved for arrests that did not lead to a conviction. The new Clean Slate framework applies more broadly, including to some convictions, but it carves out 28 exceptions where the underlying record can still surface.

Firearm Background Checks

The first exception protects public safety. A sealed record may still be reviewed when:

• Determining your eligibility to possess or purchase a firearm under Virginia Code § 18.2-308.2:2 or the National Instant Criminal Background Check System (NICS).

If a sealed offense affects your right to carry, see how firearm rights restoration in Virginia typically works alongside sealing.

Fingerprint Comparison and Government Research

Sealed records may also be used for:

• Fingerprint comparison through the Automated Fingerprint Information System.
• Research by the Virginia Criminal Sentencing Commission, the Virginia State Crime Commission, and the Joint Legislative Audit and Review Commission.
• Audits performed by the Auditor of Public Accounts.

Law Enforcement and Court Hiring

If you apply to work in or volunteer for parts of the criminal justice system, the agencies behind the hiring decision can review sealed records. Specifically:

• State Police, local police departments, and sheriff’s offices may screen prospective employees and volunteers.
• The Department of Forensic Science may screen its applicants.
• Courts, the Office of the Executive Secretary, the Division of Legislative Services, and the Chairs of the House and Senate Committees for Courts of Justice may review applicants for clerk, magistrate, and judge positions.

Emergency Medical Services Screening

People who serve in life-or-death roles get a closer look. The State Health Commissioner (or designee) and chief law-enforcement officers in localities that adopt qualifying ordinances may review sealed records when screening:

• Volunteers and employees of emergency medical services agencies under Virginia Code § 32.1-111.5.

Federally Required Employment Checks

Three exceptions cover federally driven background checks:

• Commercial driver and Federal Motor Carrier Safety Administration screening, including DMV employees, qualifying employers, and certified medical examiners.
• Any employer or designee where federal law requires inquiry into prior charges or convictions.
• Any employer where federal national-security rules govern access to facilities or duties.

State Code, Local Ordinance, and Approved Screeners

A sealed record can also reach:

• Employers required by Virginia Code or a local ordinance to ask about prior charges or convictions.
• Employers granted access under rules adopted under Virginia Code §§ 9.1-128 and 9.1-134.
• Business screening services that comply with Virginia Code § 19.2-392.16.

Court and Litigation Use

The legal system itself keeps several windows open. Sealed records may be disclosed:

• To prosecutors and defendants so the Commonwealth can meet its constitutional duty to disclose exculpatory, mitigating, and impeachment evidence.
• To any party in a criminal or civil proceeding for use authorized by law.
• To any party in a protective-order hearing.
• To prosecutors and judges for the purpose of determining whether a record was properly sealed under § 19.2-392.12 or whether the order was entered contrary to law.

Child Custody and Social Services Cases

Family-court matters and child-welfare investigations remain a defined exception. Disclosure is allowed:

• To the Department of Social Services and any local department of social services for duties under Title 63.2.
• To any party in a proceeding relating to the care and custody of a child.

Court-Ordered Debt Collection

Courts and authorized collectors may still see sealed records when collecting unpaid court costs, fines, or restitution under Virginia Code § 19.2-349.

DNA Database Administration and Court Decision Publishing

Two narrower exceptions cover publishing and the state’s DNA program:

• Administering the DNA Analysis and Data Bank under Article 1.1 of Chapter 18 (§ 19.2-310.2 et seq.).
• Publishing decisions of the Supreme Court of Virginia, the Court of Appeals, and circuit courts. Pursuing sealing for charges that you are appealing to a higher court may not give you complete privacy.

Juror Screening and Behavioral Health Services

A few smaller exceptions cover specialized roles:

• Determining a person’s eligibility to be empaneled as a juror.
• The Department of Behavioral Health and Developmental Services and entities defined under Virginia Code § 37.2-100 for services or functions defined in that section.
• Sentencing, Pretrial, and Corrections Use

Many actors in Virginia’s pretrial and post-conviction process can also review sealed records under subsection H of Virginia Code § 19.2-392.5. That includes the prosecutor, the defendant or defense counsel, magistrates, local community-based probation services agencies, pretrial services agencies, the State Police, local police departments, sheriff’s offices, campus police departments, the Department of Corrections, courts, and the Virginia Criminal Sentencing Commission.

Your Own Right to Access Your Sealed Record

The 28th exception protects you. The person who was arrested, charged, or convicted of the sealed offense always retains the right to access the sealed record. If you need a copy of your criminal records to evaluate eligibility for relief, this exception is the legal basis for that request. It also covers situations in which a writ of actual innocence affects your records or in which juvenile records may be cleared through related procedures.

How a Virginia Criminal Defense Lawyer Helps You Use the Clean Slate Law

Sealing isn’t automatic for every case, and the 28 exceptions show why an honest assessment matters. A Virginia criminal defense attorney can compare your situation against the eligibility rules, explain how a sealed record interacts with pardons that affect post-conviction relief, and walk you through how the new framework applies to identity-theft cases, juvenile records, and writs of actual innocence.