This registration form is for Wednesday, October 7, 10:00 a.m.–Noon ET
This program is also available on:
Thursday, October 22, 10:00 a.m.–Noon ET
| MCLE Credit: | 2.0 pending |
| Live-Interactive Credit: | 2.0 (all dates, all formats) pending |
| VIDC Re-Certification Credit: | 2.0 Misdemeanor/Felony pending (VIDC Information) |
In Virginia, a criminal record can last forever, leading to a lifetime of difficulties for people seeking suitable employment and housing. Attorneys can help clients with criminal charges achieve positive outcomes through a variety of diversion measures.
For people who already have criminal records, diversion is no longer an option. But on July 1, 2026, a new, transformative criminal record sealing law took effect, and all Virginia lawyers should understand what the law does. For the first time in the history of the Commonwealth of Virginia, a person can remove a criminal conviction from public view and deny the existence of that conviction. This will have a profound impact on many of the 1.3 million Virginia adults who live with a criminal record.
This seminar will explore the various types of diversion available to people charged with crimes and how to take advantage of them. The seminar will also explain the complexities of the new sealing statute, including the distinctions between automatic sealing and sealing by petition. It will explore the legislative changes that led to the current law, the criteria for eligibility, and the procedural steps involved in sealing records.
Key Topics Covered:
Registration Deadlines:
| Webcast: | 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials. |
| Telephone: | Online registration ends 10 minutes prior to seminar Call (434) 979-8253 to register up to one hour prior to the seminar |
| Live on Site: | Online registration ends at 11:59 p.m. the day preceding the seminar Walk-in registration is permitted on a space-available basis |
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE®.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Private recording of this program is prohibited.
Can’t Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.
| 10:00 | The State of Diversion and Criminal Record Clearance |
| 12:00 | Adjourn |
David Heilberg, Heilberg Law / Charlottesville
Robert Poggenklass, Justice Forward Virginia / Charlottesville
David Heilberg, Esq., Heilberg Law / Charlottesville
David Heilberg in in his fifth decade of helping clients with assistance in criminal defense, automobile personal injury, and other matters. Mr. Heilberg has tried cases before a jury on over 100 occasions. He has advocated on behalf of individuals facing charges including capital murder, driving under the influence, assault, and white-collar crimes such as embezzlement and fraud.
A 1975 graduate of Union College, with a BA in political science, Mr. Heilberg was awarded his J.D. from Washington and Lee University School of Law in 1979. Prior to entering private practice in 1982, Mr. Heilberg spent three years as the Assistant Commonwealth’s Attorney for Harrisonburg and Rockingham County.
Mr. Heilberg is a former state President (2011) and board member of the Virginia Association of Criminal Defense Lawyers, the Charlottesville-Albemarle Bar Association as President Elect, President and Past President (2025-2027), and he has been an active participant in the Virginia Trial Lawyers Association and the National Association of Criminal Defense Lawyers. He been selected to Virginia’s list of Super Lawyers for the past 15 years: 2011–2026.
Mr. Heilberg taught as an adjunct faculty for Trial Advocacy at the Washington & Lee University School of Law. He was a practicum instructor for the Family Law Clinic at the University of Virginia School of Law. He is regularly invited to deliver presentations on criminal law and trial practice before groups of fellow professionals as well as college and law school students. Along with Corinne Magee and Timothy Carwile, he is the co-editor of Defending Criminal Cases in Virginia (2012, 2016, 2018, 2020, and 2025 editions), a practice manual for professionals in this field, and is the author of Chapter 8: Eyewitness Identification Procedures, distributed by Virginia CLE Publications.
Robert Poggenklass, Esq., Executive Director, Justice Forward Virginia / Charlottesville
Justice Forward Virginia is a public-defender led nonprofit that promotes criminal justice reform through smart, contemporary, evidence-informed policy advocacy. As Executive Director, Mr. Poggenklass works with practitioners, lawmakers, and other advocates to enact criminal legal reforms at the General Assembly in Richmond. He has served as a legal aid lawyer in both Iowa and Virginia, and started his career as a public defender in Newport News. Mr. Poggenklass has argued cases on behalf of indigent clients in both the Iowa Supreme Court and the Supreme Court of Virginia.
In 2010, Mr. Poggenklass was the Virginia State Bar’s recipient of the Oliver White Hill Law Student Pro Bono Award. In 2025, he received the Leadership and Service Award from Cornell College for contributions in the field of criminal justice. He has served on the Iowa State Bar Association’s Student Debt Task Force and currently serves on the VSB’s Committee on Access to Legal Services. Mr. Poggenklass received his B.A. in 2003 from Cornell College and his J.D. in 2010 from William and Mary School of Law. Before becoming a lawyer, Mr. Poggenklass spent four years as a small-town newspaper reporter and editor in Iowa. He and his family live in Albemarle County.
