A. It shall be unlawful for any person having or acquiring access to an expunged court or police record to open or review it or to disclose to another person any information from it without an order from the court which ordered the record expunged.
B. Upon a verified petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of employment application as an employee of a law-enforcement agency or for a pending criminal investigation and that the investigation will be jeopardized or that life or property will be endangered without immediate access to the record, the court may enter an ex parte order, without notice to the person, permitting such access. An ex parte order may permit a review of the record, but may not permit a copy to be made of it.
C. Upon a verified petition requesting access to an expunged court or police record that is filed by the person who was charged with the offense that was ordered to be expunged, with notice to the attorney for the Commonwealth, the court may enter an order allowing that person and their counsel to review and copy the expunged court or police record. However, no agency or entity shall be required to allow the person or their counsel to review or copy the expunged court or police record if such record has been destroyed.
D. Any person who willfully violates this section is guilty of a Class 1 misdemeanor. However, unless otherwise prohibited by law, any person who opens, reviews, or discloses information from an expunged court or police record after being provided a copy of such record by the person who was charged with the offense that was ordered to be expunged, or by counsel for such person, shall not be in violation of this section.
1977, c. 675; 1978, c. 713; 2023, cc. 554, 555; 2025, cc. 634 and 671, cl.12.
Notes of Decisions
Snyder v. City of Alexandria, 870 F. Supp. 672 (E.D. Va. 1994).
· cites it 6× “Va.Code § 19.2-392.3. 23 Employers, schools, and government agencies may not require a person to disclose information concerning expunged arrests and convictions.”
A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
· cites it 2× “As if to underscore the strength of this public policy statement, the General Assembly has provided criminal sanctions in Code § 19.2-392.3 for unlawful disclosure of expunged records and in Code § 19.”
Hearn v. Hudson, 549 F. Supp. 949 (W.D. Va. 1982).
· cites it 3× “And Va.Code §§ 19.2-392.3 and 19.2-392.4 make disclosure of expunged records unlawful.”
Ein v. Commonwealth, 436 S.E.2d 610 (Va. 1993).
· cites it 6× “Counsel contended that Code § 19.2-392.3 gave the court jurisdiction to grant the relief sought.”
Morris v. Massingill, 59 Va. Cir. 426 (2002).
· cites it 4× “However, Defendant’s knowledge vel non of the Expungement Order and/or Amended Expungement Order at this juncture and solely for the purposes of the Demurrer is a disputed question of material fact. For the purposes of Demurrer only, it could be argued that Defendant willfully…”
Morris v. Massingill, 61 Va. Cir. 532 (2003).
· cites it 4× “” Va. Code Ann. § 19.2-392.3 (A) (Lexis 2003).”
Hartnett v. Hardenbergh (E.D. Va. 2024).
· cites it 9× “The parties disagree as to which version of Virginia Code § 19.2-392.3 is currently in effect.”
Hartnett v. Hardenbergh (E.D. Va. 2024).
· cites it 4× “Virginia Code § 19.2-392.3 only prohibits Plaintiff from asking directly about the contents of the expunged records, i.”
Eric Demetrius Campbell v. Commonwealth of Virginia (Va. Ct. App. 2023).
· cites it 2× “See Code § 19.2-392.3 10 Although not dispositive here, the record includes testimony regarding a pre-printed form with all the “boxes” checked used with all probationers.”
Wilkins v. Clarke (E.D. Va. 2021).
· cites it 2× “Detective Flanagan’s use of expunged records and alleged violation of Virginia Code § 19.2-392.3 contributed to the intentional delay and prejudicial impact of the pre- indictment speedy trial delay.”
— Va. Code Ann. § 19.2-392.3(A) — 2 cases
Hartnett v. Hardenbergh (E.D. Va. 2024).
“The parties disagree as to which version of Virginia Code § 19.2-392.3 is currently in effect.”
Hartnett v. Hardenbergh (E.D. Va. 2024).
“Virginia Code § 19.2-392.3 only prohibits Plaintiff from asking directly about the contents of the expunged records, i.”
— Va. Code Ann. § 19.2-392.3(B) — 2 cases
Snyder v. City of Alexandria, 870 F. Supp. 672 (E.D. Va. 1994).
“Va.Code § 19.2-392.3. 23 Employers, schools, and government agencies may not require a person to disclose information concerning expunged arrests and convictions.”
Hartnett v. Hardenbergh (E.D. Va. 2024).
“The parties disagree as to which version of Virginia Code § 19.2-392.3 is currently in effect.”
— Va. Code Ann. § 19.2-392.3(C) — 1 case
Hartnett v. Hardenbergh (E.D. Va. 2024).
“The parties disagree as to which version of Virginia Code § 19.2-392.3 is currently in effect.”
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