Code of Virginia

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 23.2. Sealing of Criminal History Record Information and Court Records
12/8/2021

§ 19.2-392.9. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing for mistaken identity or unauthorized use of identifying information.

A. If (i) a person is charged or arrested as a result of mistaken identity or (ii) a person's name or other identification is used without his consent or authorization by another person who is charged or arrested using such name or identification, and a nolle prosequi is entered or the charge is otherwise dismissed, the attorney for the Commonwealth or any other person requesting the nolle prosequi or dismissal shall notify the court of the mistaken identity or unauthorized use of identifying information at the time such request is made. Upon such notification, the court disposing of the matter shall, at the time the nolle prosequi or dismissal is entered, order that the charge be automatically sealed under the process described in § 19.2-392.13, unless the person charged or arrested as a result of the mistaken identity or unauthorized use of identifying information objects to such automatic sealing.

B. If the court enters an order of sealing pursuant to subsection A, the court shall advise the person charged that the offense has been ordered to be automatically sealed.

C. Any denial by the court to enter a sealing order under subsection A shall be without prejudice. Entry of a sealing order or the denial of entry of a sealing order under subsection A shall not prohibit the person from seeking expungement in the circuit court pursuant to the provisions of § 19.2-392.2.

D. 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.

E. 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.

2021, Sp. Sess. I, cc. 524, 542.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.