Crime commission backs changes to criminal record sealing, adopts seven amendments

The Virginia Crime Commission voted to recommend legislation to revise the state's criminal-record sealing process, adopting a package of amendments intended to clarify implementation and limit who may benefit from sealing.

The measure, described to commissioners by staff attorney Colin Stahl as a rewrite of the 'sealing' process in advance of laws taking effect July 2025, would expand automatic sealing for many nonconviction marijuana possession and related charges, create a petition process for records eligible for automatic sealing but not sealed because of clerical or transmission errors, and add explicit rules for ancillary matters such as suspended sentences, probation, parole violations, contempt, failures to appear and bond appeals.

Commissioners said the draft resolved some implementation gaps from the 2021 law but required additional limits. The panel adopted seven amendments during a lengthy debate: requiring payment of restitution before a petition-based sealing, allowing sealed convictions to be used in calculating sentencing guidelines, allowing sealed convictions to be considered at bail determinations, narrowing 'sealing in the moment' to dismissals with prejudice and acquittals, extending the Commonwealth's response time on petitions from 21 to 30 days, excluding certain firearm-related offenses unless the petitioner's firearms rights have been…