Virginia’s Clean Slate law took effect on July 1, 2026. It imposes new requirements for employers performing background checks in Virginia. The law significantly expands the availability of criminal record sealing for misdemeanor and felony non-convictions, as well as for certain types of misdemeanor and felony convictions. It also introduces new compliance and notice obligations for employers who inquire about criminal history.
CHANGES TO SEALING STANDARDS
Under the Clean Slate law, which is effective July 1, 2026, records for certain types of offenses will be automatically sealed. Records eligible for automatic sealing include:
- Misdemeanor non-convictions and felony non-convictions (i.e., charges resolved in favor of the defendant, except those that result in deferred dismissal).
- Misdemeanor convictions, such as petit larceny, shoplifting, trespassing, distribution of marijuana, and disorderly conduct.
- Convictions for the possession of marijuana.
- Traffic infractions.
The law also provides that records for offenses not subject to automatic seal may be petitioned for seal.
PROHIBITED PRACTICES
The Clean Slate law generally prohibits employers from requiring an applicant to disclose information concerning any arrest, charge, or conviction that has been sealed, unless a statutory exemption applies. These exemptions include:
- Applicants for employment or volunteer positions with the Virginia State Police or local police departments or sheriff’s offices.
- Positions for which Virginia law requires employers to inquire into sealed records.
- Positions for which federal law requires such inquiries.
- Positions or facilities subject to US national security requirements under federal law, contracts, or executive orders.
- Positions for which Virginia regulations expressly authorize employers to access sealed records.
GUIDANCE FOR EMPLOYERS
Employers hiring in Virginia should update pre-hire questionnaires that inquire about prior arrests, charges, or convictions to instruct Virginia applicants not to disclose information regarding any criminal record that has been sealed. We have prepared an updated Application for Employment that employers can order.
If employers have any questions or concerns, we recommend they contact us to ensure compliance. For assistance, contact us at 423-764-4127 or by email at sesco@sescomgt.com
To ensure that you are receiving the most up to date information, please subscribe to SESCO News Blasts.