May 29, 2025
Virginia is set to incorporate a 2021 law in the summer of 2026. This law created a process for Virginians to seal their old criminal records.
The 2021 law is a combination of bills: Senate Bills 1339 and 1372. According to lawmakers, it is identical to House Bill 2113. This law would create a new process for sealing and expunging records. It would enable individuals to permanently seal their long-past convictions, thereby preventing the public from accessing the information.
However, lawmakers put the 2021 law on hold for several years. This delay allowed court clerks to adapt to the significant changes it would introduce. Once it takes effect, it will help those rehabilitated after incarceration improve their job, loan, or housing opportunities.
According to the 2021 law, individuals with eligible low-level felonies could petition to seal their records after ten years. It would also allow those with eligible misdemeanors to petition to seal these records after a seven-year waiting period. Notably, most Class 1 or 2 felonies would become ineligible for this record-sealing process. It also requires those petitioning for record sealing to avoid a Class 3 or Class 4 felony within 20 years of the records they wish to seal.
This law does not replace or eliminate the state’s existing expungement law. This clarification reassures various individuals that they may qualify for the existing expungement process. Such individuals include those acquitted, have dismissed charges, or have charges dropped without conditions.
However, the expungement process requires individuals to take the initiative and file a petition with the circuit court. They will then have to attend court hearings, and a judge will determine whether an order of expungement is appropriate for the specific case.
In contrast, this new record-sealing law would automatically seal qualified records for many individuals. As such, the state will initiate the record-sealing process, which will not require any action on the part of those benefiting from the new law. Furthermore, the 2021 law would expand the number of offenses that individuals may petition a court to seal. These new laws will take effect on July 1, 2026.
With over a year to prepare, Virginia employers should review and ensure their screening process complies with the new law. For example, they should prepare to eliminate obsolete records from consideration and provide a fair and accurate screening process. One way to ensure compliance is by working with a trusted background check provider. The right partner will have a reputation for accuracy and reliability, and will demonstrate a thorough understanding of screening laws.
Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.