Senate Majority Leader Scott Surovell, D-Fairfax, virtually joins a discussion panel with criminal justice experts in Richmond on May 14, 2025 to discuss a forthcoming record-sealing law.Photo: Charlotte Rene Woods/ Virginia Mercury
Starting next summer, Virginians with certain past convictions will be able to apply to have their criminal records sealed, meaning older convictions won't appear on background checks. This change offers a fresh start for those looking to secure jobs, housing, or loans after rehabilitation, according to the Virginia Mercury.
The new process is part of a 2021 law that took several years to finalize and has faced delays in implementation. The record-sealing option applies to specific misdemeanor and felony convictions. To qualify, individuals with felony convictions must have gone 10 years without any new offenses, while those with misdemeanor convictions need a clean record for seven years. However, not all offenses are eligible: Class 1 and 2 felonies, typically violent crimes or those carrying life sentences, are excluded. Additionally, those with a Class 3 or 4 felony within the past 20 years cannot apply.
For those with dismissed misdemeanors that still appear on background checks, a separate expungement process is available through local circuit courts. Unlike expungement, which has been limited in Virginia, record-sealing is a new opportunity for individuals seeking to move past their criminal records.
The rollout, scheduled for July 1, 2026, was postponed to give circuit court clerks time to prepare for the influx of applications and to resolve technical challenges, such as updating digital records that may date back decades. Senate Majority Leader Scott Surovell, D-Fairfax, highlighted the importance of modernizing Virginia's criminal record-keeping system to streamline the process.
During a recent panel in Richmond, Surovell shared that many constituents are already looking forward to the law's implementation. One man with a decades-old larceny charge expressed his excitement about finally being able to move forward without his past haunting him. Del. Rae Cousins, D-Richmond, also voiced her support, emphasizing the law's role in giving rehabilitated individuals a second chance at life.
Lawyer George Townsend, who moderated the panel, founded Clean Slate Virginia to focus on record-sealing cases. He described the law as a "game changer" for reducing recidivism and helping people rebuild their lives. The panel acknowledged that public outreach is essential to ensure that those eligible for record-sealing are aware of the opportunity.