Virginia Expungement | Clean Slate Law Virginia
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Written by: Eagle Eye Screening Solutions
Updated Date: 01 May 2026
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 July 1, 2026, will automatically seal many of these criminal records. In addition, some misdemeanor convictions will be automatically sealed after a waiting period (often around seven years).
- Individuals may petition for sealing of some convictions that are not automatically sealed. These include most misdemeanor convictions and a few low-level felony convictions.
Virginia Clean Slate Act
Under currently effective Virginia clean slate law, criminal convictions are not eligible for expungement. Expungement is available only for arrests that did not result in a conviction, and a person must petition the court for this relief.
A 2021 law, which takes effect July 1, 2026, expands record relief by introducing automatic and petition-based record sealing for many criminal records. Rather than expanding true expungement, the law focuses on limiting public access to eligible records.
Misdemeanor arrests that did not result in a conviction will be automatically sealed in many cases, though eligibility may depend on factors such as prior convictions and recent criminal history. Those who do not meet automatic criteria may still petition for sealing.
Under the new law, some misdemeanor convictions may be sealed after a waiting period (commonly around seven years) for individuals who have not been convicted of additional crimes. These include marijuana offenses and other minor transgressions such as petit larceny and disorderly conduct. Individuals may still petition for sealing of some more serious misdemeanors.
Some less serious felonies may become eligible for petition-based sealing after a longer waiting period (often around 10 years).
Virginia Background Check Laws
lthough there is not a general statewide ban-the-box law in Virginia, there are limited state and local laws that restrict when employers can ask about criminal history. For example, most employers may not ask about certain marijuana-related offenses.
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 those specified by the federal Fair Credit Reporting Act (FCRA).
Consumer Reporting Agencies (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 in most situations. Only law enforcement, the courts, and certain government agencies can access them.
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. As the 2026 law is implemented, it will increase the number of criminal records that are inaccessible to CRAs.
Because implementation depends on court and state systems, automatic sealing may roll out over time rather than occurring all at once.
Bottom Line
Current Virginia law allows expungement of non-conviction arrests only, and it must be petitioned for. Beginning July 1, 2026, the new law will automatically seal many of these records, as well as some misdemeanor convictions after a waiting period. Individuals will still be able to petition for sealing of other misdemeanor convictions as well as a few low-level felonies.
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