Virginia Expungement | Clean Slate Law Virginia
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Written by: Eagle Eye Screening Solutions
Key Takeaways
- Current Virginia Clean Slate law allows individuals to petition for expungement of criminal records for arrests that did not result in a conviction.
- A new law, effective in 2025, will automatically expunge these criminal records. In addition, some misdemeanor convictions will be automatically sealed after seven years.
- Individuals may petition for sealing of some convictions that are not automatically expunged. These include most misdemeanor convictions and a few felony convictions.
Virginia Clean Slate Act
Under currently effective Virginia clean slate law, criminal convictions are not expunged. Expungement is available only for arrests that did not result in a conviction. A person must petition the court for one of these expungements.
A 2021 law, which takes effect in 2025, makes expungement automatic for many criminal records. It also makes some criminal convictions eligible for expungement.
Misdemeanor arrests that did not result in a conviction will be automatically expunged, but only for those who have never been convicted in Virginia and have not been arrested in the past three years. Those who do not meet these criteria may still petition for expungement.
Under the new law, some misdemeanor convictions may be expunged after seven years for those that have not been convicted of additional crimes. These include marijuana offenses and other minor transgressions such as petit larceny and disorderly conduct. One may petition for expungement of some more serious misdemeanors.
Some less serious felonies can be expunged via petition after 10 years.
Virginia Background Check Laws
Although there is not a general statewide ban-the-box law in Virginia, there are limited laws and local laws that forbid some employers from inquiring about criminal history in the initial interview process. For example, most employers may not ask about criminal records related to marijuana.
State government employers may not ask about criminal history on an application or before the first interview. Many counties and cities have enacted similar laws for their public sector employers.
When background checks are conducted, the restrictions in Virginia are the ones specified by the federal Fair Credit Reporting Act (FCRA). CRAs may not report non-conviction arrests and most civil actions more than seven years old for applicants earning less than $75,000 per year.
Expungement in Virginia
Virginia expungement does not delete criminal records; it seals them so that they may not be seen by the public. Job applicants can legally deny these records. Only law enforcement, the courts, and some state employees can see these records.
What CRAs Need to Know About Clean Slate Laws in Virginia
CRAs will generally not be able to retrieve criminal records that have been sealed, and must not report them in any case. When the new law goes into effect, it will increase the number of criminal records that are inaccessible to CRAs.
Bottom Line
Current Virginia law allows expungement of non-conviction arrests only, and it must be petitioned for. In 2025, the new law will automatically expunge most of these records as well as some misdemeanor convictions. People will still be able to petition for expungement of other misdemeanor convictions as well as a few felonies.
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