A perjury conviction under Virginia law is a Class 5 felony, and beginning July 1, 2026, Class 5 felony convictions are eligible for petition-based sealing under Virginia’s new Clean Slate Law. If you have a perjury conviction on your record, you may be able to have it sealed once the law takes effect, but it will not happen on its own. You must file a petition with the circuit court, satisfy the eligibility requirements, and demonstrate that continued public access to your record causes manifest injustice. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the July 1, 2026 filing date.

What Is Perjury Under Virginia Law?

Perjury is defined under Virginia Code § 18.2-434. The statute covers three related forms of the offense:

• Willfully swearing falsely under a lawfully administered oath on any occasion, touching any material matter
• Falsely swearing that another person is 18 years of age or older in order to obtain a marriage license for that person
• Willfully subscribing as true, in any written declaration, certificate, verification, or statement made under penalty of perjury pursuant to § 8.01-4.3, any material matter the person does not believe to be true

In practical terms, perjury charges most often arise from false testimony given in court proceedings, false statements made in sworn affidavits or declarations, and false certifications submitted in legal or official contexts. The central elements the Commonwealth must prove are that the statement was made under oath, that it was false, that the person knew it was false when they made it, and that it concerned a material matter.

All three forms of the offense are punished identically: as a Class 5 felony, carrying one to ten years in prison, or, at the jury’s or court’s discretion, up to twelve months in jail and a fine of up to $2,500.

A Unique Consequence of Perjury Conviction

Perjury carries a statutory consequence that most felony convictions do not: upon conviction, Virginia law provides that the person is permanently disqualified from holding any office of honor, profit, or trust under the Virginia Constitution, and from serving as a juror. This consequence is written directly into § 18.2-434 and applies automatically upon conviction, separate from any sentence imposed by the court. For people whose careers touch on public service, civic participation, or any role requiring official trust, this is a significant collateral consequence that does not expire with the sentence.

Is a Perjury Conviction Eligible to Be Sealed in Virginia?

Because perjury is classified as a Class 5 felony, it falls within the category of offenses covered by § 19.2-392.12. Class 5 and Class 6 felony convictions are expressly included in the petition-based sealing framework under Virginia’s new Clean Slate Law, subject to waiting periods, eligibility criteria, and the required showing of manifest injustice.

Sealing a perjury conviction can matter significantly for background check purposes. A felony conviction for perjury on a record affects employment in roles requiring security clearances, professional licensure, positions of financial or legal trust, and any field where credibility and honesty are formally evaluated. Removing it from public view changes what most employers and licensing agencies can see.

Important: Sealing does not undo the statutory disqualification from public office and jury service imposed by § 18.2-434. That consequence is a matter of Virginia constitutional and statutory law and operates independently of whether the underlying conviction record is sealed. If restoration of civil rights is a goal, that is a separate process. Contact us to discuss both options.

Also important: A perjury conviction will NOT be sealed automatically. If you take no action, your record remains public.

What You Need to Know About the Record Sealing Process

You Must File a Petition with the Circuit Court

Sealing a perjury conviction requires filing a formal petition with the Virginia Circuit Court in the county or city where the original conviction occurred. The Commonwealth’s Attorney receives notice of the petition and may object or consent. A circuit court judge then reviews the petition and enters a final decision.

10-Year Waiting Period

Class 5 felony convictions require a 10-year clean record period before you can petition. The waiting period runs from whichever of the following occurred most recently:

• The date of your conviction
• The date you were released from incarceration
• The date your probation or parole ended

Important: Any new criminal conviction during that 10-year window resets your eligibility. The full period must be conviction-free.

Only 2 Petitions Per Lifetime

Virginia’s petition-based sealing law caps each person at two petitions over their lifetime. Each petition corresponds to a separate sentencing event. If multiple charges were sentenced on the same date, they may count as a single event, but the order and timing of which convictions to address still requires careful planning. Using a petition prematurely or on the wrong conviction can permanently forfeit remaining eligibility. Consulting an attorney before filing is essential.

You Must Prove “Manifest Injustice”

Satisfying the waiting period is a threshold requirement, not a guarantee. You must also affirmatively show the court that keeping your record public causes manifest injustice, meaning the ongoing harm to your life outweighs any public interest in continued access to the record. Courts consider the time elapsed since the offense, the steps you have taken since, your current circumstances, and the specific, documented ways the conviction continues to affect your opportunities.

For perjury convictions specifically, the manifest injustice showing may center on how the conviction affects professional licensing, security clearance eligibility, employment in legal or financial fields, or other roles where the nature of the charge carries particular weight in background screening. A well-prepared petition documents those harms concretely rather than asserting them in general terms.

All Restitution Must Be Paid

A petition cannot be granted if any court-ordered restitution remains outstanding. Confirm that all financial obligations from your case have been fully satisfied and retain documentation of payment before you file.

Can Any Factors Disqualify Me From Having My Perjury Conviction Sealed?

Even if your perjury conviction meets the basic eligibility criteria, other parts of your criminal history may block the petition. The following will disqualify you:

• Any prior conviction for a Class 1 or Class 2 felony
• Any Class 3 or Class 4 felony conviction within the past 20 years
• Any felony conviction of any kind within the past 10 years
• The offense must have occurred on or after January 1, 1986
• Convictions involving a family or household member as the complaining witness are not eligible

Important: If your perjury charge was part of a broader case involving other felony charges, those additional convictions may affect your overall eligibility. A review of your complete criminal record is necessary before filing.

What Happens When Your Petition Is Granted?

A granted petition removes the conviction from the public-facing systems used by employers, landlords, and licensing agencies. Specifically:

• The conviction will no longer appear on most employment background checks.
• You may truthfully answer “no” when most job applications ask whether you have a criminal conviction.
• The case will be removed from the court’s public online records.
• Private landlords will not find the sealed conviction when screening rental applications.
• Third-party background check companies are legally prohibited from reporting sealed records.

Let’s Start the Process

The Clean Slate Law takes effect July 1, 2026. Clients who start now will be first in line. Clean Slate Virginia is already preparing petitions for eligible clients ahead of the filing date.

Contact us for a confidential review of your record.
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