Virginia Takes a Major Step Forward in Criminal Justice Reform by Sealing Past Convictions

Written by: Bradley Marshall

Virginia is on the verge of implementing a groundbreaking law that will shield certain past criminal convictions, including some lower-level felonies, from public view. This legislation, which has been in the works for years, marks a historic shift in how the state handles criminal records. For the first time ever, some convictions will no longer be accessible to the general public, offering individuals a chance to move forward without the burden of past mistakes following them forever.

The law, initially approved in 2021, is expected to go into effect soon, though an exact start date is still unclear. However, the moment it is enacted, it will fundamentally change how criminal records are treated in Virginia. This reform is aimed at helping people who have served their time and turned their lives around, reducing barriers to employment, housing, and more.

What Does it Mean to Seal a Criminal Record?

Sealing a criminal record means that the conviction is no longer visible to the public. Employers, landlords, and others who typically access criminal background checks will not see sealed convictions. However, while sealed records are not available to the public, they still exist in the background within law enforcement and court systems, where they can be accessed by certain agencies for specific purposes.

One of the most important aspects of this law is that individuals whose records are sealed will be allowed to deny to employers or government agencies that they were ever convicted of the crime. If an employer or agency asks about the conviction, they would receive a response stating that no such record exists. The law allows for second chances, especially for those who have stayed crime-free for several years.

Eligibility: Which Convictions Can Be Sealed?

Under the new law, several types of convictions can be sealed, but there are specific conditions. Misdemeanors like theft, drug possession, and trespassing, along with some lower-level felonies (those carrying up to 10 years of prison time), are eligible for sealing. However, the process requires that individuals remain free of further convictions for a specified period: typically seven years for misdemeanors and up to 20 years for more serious felonies.

People convicted of certain crimes, however, will not be eligible for sealing. These offenses include violent crimes such as domestic assault, DUI, and child victimization. Additionally, crimes involving guns or hate crimes, as well as other serious offenses, are excluded from the sealing process.

Challenges and Adjustments in the Law

While the law offers new hope for many, it also comes with challenges. For one, the law will not restore all rights lost due to criminal convictions. For example, individuals with felony convictions who have their records sealed will not automatically regain their right to vote, serve on a jury, or purchase a firearm.

Additionally, the process of sealing records will still require individuals to meet specific criteria, such as paying restitution to victims before a petition can be considered. It is also important to note that police and other law enforcement agencies will still have access to sealed records, and those applying for jobs in law enforcement or national security positions will be required to disclose sealed convictions.

Furthermore, sealed records will still be disclosed in certain legal cases, such as child custody disputes.

What’s Next for Virginia’s Criminal Justice System?

As Virginia moves closer to the implementation of this law, many are awaiting Governor Glenn Youngkin’s decision on the 2025 bill. This bill, which seeks to fine-tune and implement the original 2021 law, is currently under review. Lawmakers are hoping for a smooth implementation process, with adjustments that take into account the challenges local agencies and courts may face when handling these changes.

Governor Youngkin’s approval is crucial in determining how quickly these reforms will be put into practice. While some Republicans have expressed concerns about the bill, many advocates are hopeful that this compromise will lead to a better, fairer criminal justice system in Virginia.

Conclusion: A Fresh Start for Many Virginians

The law to seal certain criminal convictions in Virginia is an important step toward ensuring that people who have made mistakes in the past can have a fresh start. This reform has the potential to transform lives by helping individuals access better job opportunities, housing, and a sense of dignity. As Virginia prepares to roll out these changes, the hope is that this legislation will not only help people move on from their past but also lead to future reforms that can further improve the criminal justice system in the state.

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This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer