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Major changes have been made to Virginia’s new Expungement Law — some of these changes may impact you! Click to learn how the new law has changed, which now goes into effect January 1, 2026.

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Don’t let your record hold you back; a clean record check may be within your reach

Last updated: January 19, 2024

In 2021, Virginia enacted legislation that allows criminal convictions to be sealed from public view. For the first-time ever, eligible Virginians with criminal convictions will finally be given a fresh start to pursue better employment, housing and educational opportunities. While the legislation was passed in 2021, it will not be effective until July 1, 2025 January 1, 2026, unless the required computer infrastructure is operational prior to that date.

Virginia Code § 19.2-392.15 says that when a criminal conviction is sealed most employers cannot ask about a sealed conviction and the applicant can deny the arrest and conviction. This puts applicants with sealed convictions on equal footing when applying for new jobs. Virginia Code Section § 19.2-392.15 also says that when a criminal conviction is sealed, landlords cannot ask about a sealed conviction and the applicant can deny the arrest and conviction. Sealed convictions are also removed from the Virginia online docketing system which removes the public stigma of criminal convictions.

With over 1.6 million Virginians that have at least one criminal conviction, sealing will be a potentially life changing opportunity for thousands of those who take advantage of this opportunity.

*This article has been updated to reflect Virginia legislative changes during the 2025 session. When Virginia’s Clean Slate Law was originally passed in 2021 the effective date was scheduled for July 1, 2025. The Virginia legislature extended the effective date to January 1, 2026, during the 2025 legislative session.

 

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