If your criminal conviction has been sealed in Virginia, the general rule is this: you do not have to disclose that conviction to most employers and you can legally deny it in most situations. This protection comes directly from Virginia law—but there are important exceptions you need to understand.

The Law: You Can Deny a Sealed Conviction

The key statute is Virginia Code § 19.2-392.5, specifically subsection (D), which provides that once a record is sealed: The individual may deny or not disclose the arrest, charge, or conviction and shall not be required to disclose such information except in certain circumstances.

What this means in plain English:

You can answer “No” when asked about that conviction on most job applications. Employers generally cannot require you to disclose it. The sealed record is treated as if it did not occur for most purposes.

When You Still Have to Disclose: The Exceptions

The right to deny a sealed conviction is not absolute. Subsection (E) of the same statute lays out five key exceptions where disclosure may still be required.

These exceptions generally apply to law enforcement and criminal justice agencies, employment involving national security or sensitive government positions, firearm-related background checks or permits, certain professional licensing or regulatory bodies, and situations specifically required by law to access sealed records.

Additional Exceptions: Who Can Still See Sealed Records

Beyond subsection (E), Virginia law also identifies additional entities that may access sealed records under certain circumstances.

These are outlined in Virginia Code § 19.2-392.13, subsection (C), which lists numerous exceptions, roughly 25 categories, of agencies and entities that may still access sealed criminal history information.

This includes courts and prosecutors, law enforcement agencies, certain licensing and regulatory authorities, and entities conducting background checks required by statute.

What This Means for Employment

For most people, the practical effect is straightforward. Private employers generally cannot see sealed convictions. You can legally deny the conviction on job applications. Background checks for standard employment will typically not show sealed records.

Common Questions

Do I have to tell an employer about a sealed conviction in Virginia? No. In most cases, you can legally deny a sealed conviction and are not required to disclose it. Can employers see sealed records in Virginia? Most private employers cannot see sealed records, but certain government agencies and regulated employers may still have access. Are there exceptions to nondisclosure of sealed records? Yes. Virginia law lists specific exceptions, including law enforcement, certain government jobs, firearm-related matters, and licensing authorities.

How This Fits Into Virginia’s Clean Slate Law

Virginia’s Clean Slate law was designed to remove barriers caused by past convictions. Once a record is sealed, it is removed from public view, does not appear on most background checks, and you are legally protected from having to disclose it in most situations.

Final Thoughts

Record sealing in Virginia can open doors, but only if you understand how the law works. The ability to legally deny a sealed conviction is a powerful protection, but it must be used correctly, especially in situations where exceptions apply.

Need Help with Record Sealing in Virginia?

At Clean Slate Virginia, we help individuals take full advantage of Virginia’s record sealing laws. We can guide you through eligibility, filing, and help you understand your rights after your record is sealed.