Clean Background Checks: Virginia’s 2026 Clean Slate Law
Last updated: August 18, 2025
If you’ve ever been denied a job because of something on your criminal record, you’re not alone. In Virginia, thousands of people are blocked from employment, housing, and even volunteer opportunities—not because of who they are today, but because of a past conviction that keeps showing up on background checks.
But that’s about to change.
Starting July 1, 2026, Virginia’s Clean Slate Law or “new expungement law” will give many individuals with past convictions the opportunity to seal those records—meaning they won’t appear on most background checks. It’s a game-changing shift in how Virginia handles criminal history, and yet, many Virginians don’t even know this law exists.
If you’ve ever searched online for things like:
- “what shows up on a background check in Virginia”
- “how long do convictions stay on your record in Virginia”
- “can I get a job with a misdemeanor in Virginia”
- “will my record be sealed in 2026”
- “how to remove a charge from your record in Virginia”
- “Virginia Clean Slate background check”
…then this article is for you.
We’ll break down what employers look for, how Virginia’s Clean Slate Law works, who qualifies, and what you can do now to reclaim your future. Understanding your rights—and the timing—is the first step toward leaving your past behind.
What Employers Look for in a Background Check
If you’re applying for a job, chances are high your employer will run a background check. In Virginia, these checks are commonly used for nearly every industry—from office jobs and healthcare to construction and retail. Unfortunately, for people with a past conviction, this routine process often becomes the first major obstacle.
A standard employment background check in Virginia may include:
- Criminal history (felony and misdemeanor convictions, pending charges)
- Arrest records (even if there was no conviction)
- Sex offender registry status
- Employment verification
- Education and credential verification
- Credit history (in some industries)
- Driving records (for jobs involving transportation)
If you’ve been Googling things like “what do employers see on a background check in Virginia” or “how long do felonies stay on a background check,” it’s important to understand that criminal convictions will appear indefinitely unless sealed.
Even a minor misdemeanor from 15 years ago can show up and potentially cost you a job, especially if the employer has a blanket policy against hiring anyone with a record. Many employers don’t take the time to learn the story behind the conviction—they only see what the report shows.
And if you think your record “aged off” or disappeared over time, think again. In Virginia, there is no automatic removal of convictions from your background report unless your record qualifies for sealing.
Employers often use third-party screening companies who pull records from public databases, police reports, and court filings. If your record hasn’t been sealed, these services will report it, no matter how long ago it happened.
Why Background Checks Are a Barrier for People with Records
It’s no secret that having a criminal record can shut doors before they even open. In Virginia—and across the country—background checks are one of the biggest reasons qualified candidates are turned away from jobs, housing, and even educational opportunities.
Every day, people search terms like:
- “why did I fail my background check”
- “can I get hired with a misdemeanor in Virginia”
- “does a background check show dismissed charges”
- “background check still shows old conviction”
These searches all point to a common fear: your past may be permanently holding you back.
Employers are legally allowed to consider criminal history when hiring, and many do. A conviction that’s 10, 15, or even 20 years old can still appear—and affect you—unless it has been sealed. Virginia follows the Fair Credit Reporting Act (FCRA), which allows third-party background check companies to report convictions indefinitely, meaning they never automatically go away.
Some key facts to understand:
- There’s no seven-year limit on reporting convictions in Virginia—only non-convictions (like dismissed charges) fall under that restriction.
- Arrests without convictions may still appear depending on the source of the report.
For people who have changed their lives, built careers, or started families, the weight of a background check that never forgets can be devastating. It’s not just about getting a job—it’s about being seen for who you are now, not who you were.
That’s where Virginia’s Clean Slate Law comes in.
How Virginia’s Clean Slate Law Changes Background Checks (Effective July 1, 2026)
On July 1, 2026, Virginia will implement one of the most impactful criminal justice reforms in state history: the Clean Slate Law. This new law will allow many people with past convictions to seal those records—making them invisible to most employers, landlords, and background check companies.
If you’ve been searching for terms like:
- “how to seal a criminal record in Virginia”
- “will my record disappear in 2026 Virginia”
- “does Clean Slate apply to felonies”
- “Clean Slate Law Virginia eligibility”
…then you’re asking the right questions at the right time.
What the Clean Slate Law Does
The law allows for automatic sealing of a few minor offenses and petition-based sealing for others. Once a record is sealed, it will not show up on most standard background checks. That means when you apply for a job, housing, or a loan, you will legally be allowed to answer “No” when asked if you have a criminal record (in most cases).
Important: This Is Record Sealing, Not Expungement
Many people confuse sealing with expungement, but they are legally different in Virginia.
- Expungement typically removes a charge from public record entirely (only for dismissals and not-guilty findings).
- Sealing, under the Clean Slate Law, restricts access to the record but does not erase it entirely. Law enforcement and certain government agencies can still see sealed records in some situations.
For most people, however, sealing achieves the same practical result—keeping your record out of background checks that could block your future.
The Record Sealing Process
If you’re wondering how to actually get your record sealed under Virginia’s Clean Slate Law, you’re not alone. One of the most common searches right now is:
- “how to seal my record in Virginia 2026”
- “what steps do I take for record sealing in Virginia”
- “how long does it take to seal a conviction”
- “Virginia Clean Slate petition process”
The good news is that the law is designed to create a clear path forward. But preparation is key.
When the Process Begins
The Clean Slate Law takes effect on July 1, 2026. This means the Virginia court system and state agencies will begin accepting petitions and processing automatic seals as of that date. If you want to be ready, you need to start preparing now.
Two Types of Sealing
- Automatic Sealing:
- Certain misdemeanor offenses and non-conviction records will be sealed automatically if they meet eligibility requirements.
- You won’t have to file anything—but it’s still important to monitor your records and make sure it actually happens.
- Petition-Based Sealing:
- If you have a qualifying misdemeanor or felony conviction, you’ll need to file a petition with the court.
- This involves gathering your criminal history, completing required documentation, and presenting your case in front of a judge.
What Happens After a Record Is Sealed
Getting your record sealed is a major victory—but what happens next is just as important. Once a conviction is sealed under Virginia’s Clean Slate Law, it won’t appear on most background checks. For the first time, many people will be able to move forward without the shadow of their past holding them back.
This is when people start searching things like:
- “will my sealed record show up on a background check”
- “can I say I have no record if it’s sealed”
- “how to verify my record was sealed in Virginia”
- “sealed record still showing on background check”
Here’s what you need to know:
What a Sealed Record Means
When your conviction is sealed:
- Private employers will no longer see it on most standard background checks.
- Landlords and most housing agencies won’t see it.
- Most licensing boards won’t have access.
- You can legally answer “No” to the question: Have you ever been convicted of a crime? (except in limited exceptions).
This sealing provides the same fresh start that expungement would in many everyday situations—especially when it comes to jobs, housing, and financial opportunities.
Exceptions: Who Can Still See a Sealed Record?
Some agencies will still have limited access, including:
- Law enforcement and prosecutors
- Courts (for future legal matters)
- Certain government agencies for security clearances or public safety roles
How to Verify That Your Record Was Sealed
- Request a copy of your updated criminal history from the Virginia State Police after your petition is approved. Beginning July 1, 2026, the Virginia State Police will have a new online portal for requesting criminal background checks.
- Run your own background check through a major screening company (like Checkr, HireRight, or First Advantage).
- Dispute any inaccuracies using your sealing court order and your rights under the Fair Credit Reporting Act (FCRA).
If your sealed record still appears, you have the legal right to dispute it—and possibly claim damages if it results in lost employment or housing. (Need help? Contact us to get started!)
How your Clean Slate Helps With Employment
A sealed record doesn’t just hide your past—it gives you access to the future. For many Virginians, the Clean Slate Law will be the key to breaking through the employment wall that a background check has built around them.
This is what people really mean when they search:
- “can I get a job after my record is sealed”
- “does Clean Slate improve job chances”
- “will employers know about my old charges”
- “jobs that don’t check criminal records in Virginia”
Here’s how sealing your record under the Clean Slate Law can change your life—especially when it comes to employment.
- You Can Apply Without Fear
Job applications often include that dreaded checkbox: Have you ever been convicted of a crime? Once your record is sealed, in most cases, you can legally answer “No.”
That means:
- More interviews
- Less rejection before you’re even considered
- Higher confidence when applying and interviewing
Employers typically run background checks at the final stage. A sealed record won’t appear—giving you a real shot at getting hired based on your qualifications, not your past.
- You Become Eligible for More Jobs
Some industries automatically disqualify candidates with certain convictions, especially in health care, education, security, or government contracting. This is where Virginia’s “barrier crimes” come into play.
Once sealed, previously disqualifying offenses no longer count against you, opening up career paths that were once blocked.
- You Level the Playing Field
Background checks have long been a hidden gatekeeper that keeps people with records at the back of the line. Virginia’s new Clean Slate Law helps correct that imbalance by giving you a real chance to compete fairly.
Sealing your record:
- Reduces implicit bias
- Prevents blanket no-hire policies from affecting you
- Increases your chances with companies that use automated screening systems
This law isn’t just about cleaning up paperwork—it’s about restoring dignity, access, and opportunity.
What You Can Do Right Now
The Clean Slate Law doesn’t officially begin until July 1, 2026, but that doesn’t mean you should wait. In fact, the people who will benefit most are the ones who start preparing right now.
If you’ve searched for:
- “how to get ready for Clean Slate in Virginia”
- “what documents do I need to seal my record”
- “how to check my criminal history in Virginia”
- “can I apply early for record sealing”
Then you’re already ahead of the game.
Here’s what you can do today to get yourself ready:
- Get Your Criminal Record
Request a copy of your criminal history from the Virginia State Police. This is the foundation—you need to know exactly what’s on your record before you can fix it.
- Visit the Virginia State Police website to request your criminal history.
- Look for any convictions, charges, or dismissed cases that could qualify for sealing or expungement.
- Contact Clean Slate Virginia for eligibility under the new Clean Slate Law.
- Determine Your Eligibility
Check your record against the Clean Slate Law’s guidelines. Focus on:
- Type of offense (misdemeanor or felony)
- Date of conviction or final disposition
- Whether you’ve had any new convictions since
- Whether the offense is eligible for petition-based sealing
- Gather Documentation
Even if you can’t file until 2026, start organizing now:
- Court documents
- Sentencing orders
This will save you time and give you an advantage when the law goes into effect.
- Legal Consultations
Clean Slate Virginia are here to help. We can walk you through your eligibility and we will be prepared to file your petition when the time comes. Contact us
- Monitor Your Record and Follow Up
Once the law goes into effect, you’ll want to confirm your record has been sealed correctly. That means:
- Requesting your updated record
- Checking private background check sites
- Disputing any errors immediately.
Being proactive now puts you in a position to move quickly when 2026 arrives—and ensures that you’re ready to take full advantage of the law.
Now is the Time to Act!
You’ve done the hard part. You’ve changed your life. You’re ready for a second chance.
Now, Virginia is getting ready too.
With the Clean Slate Law taking effect on July 1, 2026, this is your moment to get ahead of the system that’s been holding you back. If you’ve been wondering:
- “how do I seal my record in Virginia”
- “when does Clean Slate take effect”
- “can I finally pass a background check”
…you don’t need to wonder anymore. Help is here.
Don’t wait for the law to go into effect—get prepared so you’re ready to file the moment the doors open.
You are more than your background check. And with the Clean Slate Law, Virginia is finally giving people the chance to prove it.