Do You Have to Report a Sealed Conviction on a Job Application in Virginia?

No. Under Virginia’s new Clean Slate law or record sealing law, once a conviction is sealed, you are not required to report it on most job applications. Employers are prohibited from asking about or considering sealed convictions, and background checks will not disclose sealed records.

Virginia Code § 19.2-392.5(D) provides powerful protections for individuals whose arrests, charges, or convictions have been sealed.

What the Law Says

Virginia Code § 19.2-392.5(D) states:

“Except as otherwise provided in this section, upon entry of an order for sealing, the person who was arrested, charged, or convicted of the offense that was ordered to be sealed may deny or not disclose to any state or local government agency or to any private employer in the Commonwealth that such an arrest, charge, or conviction occurred.”

The statute goes even further:

“Except as otherwise provided in this section, no person as to whom an order for sealing has been entered shall be held thereafter under any provision of law to be guilty of perjury or otherwise giving a false statement by reason of that person’s denial or failure to disclose any information concerning an arrest, charge, or conviction that has been sealed.”

In plain English, that means:

• You are legally allowed to say “No” if asked about a sealed arrest, charge, or conviction.
  • You cannot be prosecuted for perjury or false statements for failing to disclose something that has been sealed.
  • Employers in Virginia are not entitled to treat the sealed case as if it still exists.

For most employment applications in Virginia, sealed means sealed.

This protection applies to:

• Private employers
  • State agencies
  • Local government agencies

Once a court enters the sealing order, the law treats the record as though it never occurred — for most purposes.

Important Exceptions: When You Must Still Disclose

The key phrase in subsection (D) is: “Except as otherwise provided in this section.”

Subsection (E) outlines specific exceptions where disclosure may still be required.

Under Virginia Code § 19.2-392.5(E), you may not deny or fail to disclose a sealed offense if one of the following applies:

1. You are applying to work for law enforcement

If you are applying for employment (full-time or part-time) or to volunteer with:

• Virginia State Police
  • A local police department
  • A sheriff’s office

You must disclose the sealed offense.

Example:
If your felony conviction was sealed and you later apply to become a deputy sheriff in Chesterfield County, you must disclose it.

2. The Virginia Code specifically requires the employer to ask

If another section of Virginia law requires the employer to make a criminal background inquiry, disclosure may still be required.

This often arises in highly regulated industries such as:

• Child care
  • Certain healthcare roles
  • Elder care facilities
  • Some state-licensed professions

3. Federal law requires disclosure

If federal law requires the employer to conduct a criminal background investigation, the sealed record may still need to be disclosed.

Example:
If you apply for a position regulated by federal banking law or certain federally licensed firearm businesses, federal background requirements may override the general sealing protection.

4. National security positions

If the position is subject to a federal security clearance or national security requirement, disclosure is required.

Example:
If you apply for a job with a defense contractor that requires a federal security clearance, you must disclose sealed offenses during the clearance process.

5. Certain criminal justice employment background checks

Subsection (E)(5) references procedures adopted under §§ 9.1-128 and 9.1-134, which relate to background checks conducted through the Virginia State Police and certain criminal justice systems.

These generally apply to:

• Criminal justice agencies
  • Certain regulated or law enforcement-related roles

For those specific employers, sealed records may still be accessible and disclosure required.

What This Means for Most People

For the vast majority of Virginia job applications, you do not have to report a sealed conviction.

If you are applying for:

• Construction jobs
  • Retail positions
  • Office jobs
  • Manufacturing work
  • Trade jobs
  • Most private-sector employment

You can legally answer “No” to questions about criminal convictions if the conviction has been sealed.

And the law specifically protects you from being charged with perjury or false statements for doing so.

Why This Matters

The purpose of Virginia’s record sealing law is rehabilitation.

The General Assembly recognized that people who have earned a second chance should not face permanent employment barriers for past mistakes.

Sealing is designed to:

• Remove public access to the record
  • Prevent routine employer discovery
  • Allow lawful denial of the sealed offense
  • Promote reintegration into the workforce

However, understanding the exceptions is critical. Incorrect disclosure — or failure to disclose in a required setting — can create problems.

When to Get Legal Advice

If you are unsure whether your specific job falls within one of the exceptions, it is wise to consult an attorney before completing an application.

Questions we commonly help clients answer:

• Is my profession regulated in a way that requires disclosure?
  • Does federal law apply to this job?
  • Does this security clearance override Virginia sealing protections?
  • Does this specific employer fall under one of the statutory exceptions?

Final Takeaway

Under Virginia Code § 19.2-392.5(D), once your conviction is sealed:

You generally do not have to report it on job applications.
You may legally deny it occurred.
You are protected from perjury charges for failing to disclose it.

But under subsection (E), there are limited and specific exceptions — primarily involving law enforcement, national security, federally regulated positions, or jobs where another law requires disclosure.

If you are considering sealing your record — or have already sealed it and have employment questions — understanding these protections can make the difference between ongoing barriers and a true clean slate.