Virginia’s New Law for Felons Explained (2026 Clean Slate Law) - Clean Slate Virginia

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Virginia’s New Law for Felons Explained (2026 Clean Slate Law)

Last updated: May 19th, 2026

Virginia’s new law for felons is Virginia’s new Clean Slate law—which allows certain felony convictions to be sealed from public view. This helps felons because a sealed conviction does not appear on most employment background checks. Before any felony conviction can be sealed, there must be a 10-year period of good behavior with no new criminal convictions. After that period, eligible individuals can petition the court to have their record sealed.

 

What Is Virginia’s New Law for Felons?

Virginia’s Clean Slate law, found in Virginia Code § 19.2-392.5 – 19.2-392.17, creates a legal process to seal certain criminal records—including some felony convictions.

 

When a felony is sealed:

It is removed from most background checks

Employers generally cannot see it

You can legally deny the conviction on most job applications (with limited exceptions under the law)

This is a major change in Virginia law. Previously, felony convictions could not be removed or hidden from public view.

 

The 10-Year Requirement for Felony Record Sealing

Before a felony conviction can be sealed in Virginia, the law requires:

A minimum 10-year waiting period after conviction or release

No new criminal convictions during that time

Demonstrated good behavior

 

This 10-year period is one of the most important eligibility requirements. If there are new convictions during that timeframe, the clock may restart.

 

Which Felonies Can Be Sealed in Virginia?

Not all felonies qualify. However, many non-violent and lower-level felony offenses may be eligible after the 10-year period.

Common examples of potentially sealable felonies include:

Grand larceny

Embezzlement

Drug possession offenses

Certain property crimes (such as larceny-related offenses)

Fraud and financial-related offenses

Other non-violent felony convictions

Violent felonies and certain serious offenses are excluded under Virginia law.

 

Do Felony Records Seal Automatically?

No.

Unlike some misdemeanor offenses under the Clean Slate law, felony convictions are never automatically sealed.

Every felony requires filing a petition with the Circuit Court.

 

What Is a Petition for Record Sealing?

A petition is a formal request filed with the court asking a judge to seal your criminal record.

 

The process typically includes:

Preparing and filing a legal petition in the correct circuit court

Notifying the Commonwealth’s Attorney

Attending a court hearing (in most cases)

Presenting evidence of rehabilitation and eligibility

The judge then decides whether the record should be sealed based on the law and the individual’s history.

 

Why This New Law Matters

Virginia’s new law for felons provides a path forward that did not previously exist.

For many people, a past conviction creates ongoing barriers to:

Employment

Housing

Professional licensing

Record sealing can remove those barriers and allow individuals to move forward without a decades-old conviction following them.

 

If you believe you may qualify under Virginia’s new Clean Slate law, you can take the first step now. Check your eligibility for record sealing and learn what options are available in your case by contacting Clean Slate Virginia today!

 

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