Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has also been working towards reforming criminal justice practices and improving opportunities for those with criminal records through its Clean Slate Law. Passed in 2021, the initial effective date of Virginia’s Clean Slate Act was July 1, 2025. The legislation has recently seen some significant changes, including an implementation extension to July 1, 2026. Code § 19.2-392.6 will take effect on this date, introducing significant reforms to record sealing.
Focal points of Code § 19.2-392.6
Virginia lawmakers are working on ways to help individuals reintegrate into society by breaking down the barriers posed by past criminal records.
Eligibility
To be eligible for record sealing, individuals must meet specific criteria related to the nature of the offense, the time elapsed since the conviction, and their behavior post-conviction. Additionally, cases dated prior to January 1, 1986, are ineligible for record sealing.
Automatic vs. petition-based record sealing
Certain records will be sealed without the individual being required to file a petition. These charges include, but are not limited to, petit larceny, disorderly conduct, three categories of trespassing, and misdemeanor distribution of cannabis. For other offenses, individuals must go through a petition-based process, which involves filing a formal request with the court.
Sealing a record removes the individual’s name and information from Virginia’s online case status and information system, meaning employers, landlords, and other entities conducting background checks will not have access to these records.
Inclusions and exclusions
Previously, certain charges could not be sealed due to subsequent probation violations or failure-to-appear convictions. The law revisions now allow “ancillary matter(s)” such as these to be sealed as long as the other standard eligibility requirements are met. For example, under the new ruling, an individual with a larceny conviction and subsequent probation violation conviction can petition to have both records sealed.
At the same time, certain charges that were previously eligible to be sealed under the original 2021 ruling have now been prohibited. Most of these charges are related to serious crimes that involve deception and harming others, including, but not limited to:
- Involuntary manslaughter
- Stalking
- Abduction and kidnapping
- Driving a motor vehicle while intoxicated
- Offenses that require registration with the Sex Offender and Crimes Against Minors Registry
This legislation balances providing a second chance to reformed Virginians with keeping employers, landlords, and other entities conducting background checks in the dark about an individual’s potentially dangerous past behavior. To read the full details of Code § 19.2-392.6, you can find the complete legal text here.
Presenting more opportunities for Virginians
Although expungement has been a limited option for people in Virginia, record sealing is a new opportunity for Virginians with reformed criminal pasts to reintegrate into society. These new laws signify a monumental shift in the state’s approach to criminal justice—allowing individuals to remove their names and information from public access gives a second chance to those who have served their time and demonstrated their commitment to a law-abiding life.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
