When does Virginia's Clean Slate law take effect?

Virginia's Clean Slate law takes effect on July 1, 2026. After that date, eligible misdemeanor convictions that are at least 7 years old (with no new convictions during that period) will begin to be automatically sealed. If you have eligible records, they should be sealed without any action on your part, though the process may take some time to implement fully.

Does Virginia have ban-the-box for private employers?

No. Virginia's ban-the-box policy (Executive Order 41, 2015) only applies to state executive-branch employers. Private employers in Virginia can ask about criminal history on job applications and at any stage of hiring. However, once the Clean Slate law takes effect, sealed records will not appear on background checks, providing an indirect benefit.

Can I get a felony sealed under Virginia's Clean Slate law?

Class 5 and Class 6 felonies, as well as felony larceny, can be sealed by petition under the Clean Slate law. This is not automatic — you must file a petition with the court. Class 1 through Class 4 felonies are not eligible for sealing. DUI maiming, DUI manslaughter, and domestic violence felonies are also excluded.

Will a DUI conviction be sealed under Virginia's Clean Slate law?

No. DUI and DWI convictions are explicitly excluded from Virginia's Clean Slate law. DUI maiming and DUI manslaughter are also excluded. These convictions will continue to appear on background checks indefinitely.

If my record is sealed, do I have to disclose it to employers?

No. Once a record has been sealed under the Clean Slate law, you are not required to disclose it to employers, and you can legally answer 'no' when asked about criminal convictions. The sealed record will not appear on standard public background checks, though it remains available to law enforcement.

Can I get my record sealed before the Clean Slate law takes effect?

Virginia already has some petition-based sealing options under existing law. For charges that were dismissed, acquitted, or nolle prossed, you may be able to petition for sealing now. For convictions, the broader sealing options under the Clean Slate Act will only be available after July 1, 2026. Consult with a Virginia legal aid organization to understand your current options.

Virginia Background Check Laws

No state lookback limitLast updated: 2026-04-01

Virginia has no state lookback limit — convictions appear on background checks indefinitely. Ban-the-box applies to public employers only (2015 executive order). Virginia has passed a Clean Slate law effective July 1, 2026, that will automatically seal certain misdemeanor convictions after 7 years — a major new protection that most resources have not yet covered.

Overview

Virginia does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Virginia has no stricter state law overriding this default. Virginia has a ban-the-box policy for public employers. Governor McAuliffe signed Executive Order 41 in 2015, directing state agencies to remove criminal history questions from initial job applications. This policy does not extend to private employers. The biggest news for Virginia is the Clean Slate law passed by the General Assembly, with an effective date of July 1, 2026. This is a landmark development that most competitors have not yet covered in detail. Under the new law, certain misdemeanor convictions will be automatically sealed after 7 years, including minor in possession, misdemeanor trespass, petit larceny, misdemeanor marijuana possession and intent to sell, and disorderly conduct. More serious offenses — Class 5 and Class 6 felonies and felony larceny — can be sealed by petition. DUI, domestic violence, DUI maiming/manslaughter, and Class 1-4 felonies are excluded. This law will make a meaningful difference for hundreds of thousands of Virginians with older minor records.

How Far Back Does a Background Check Go in Virginia?

Record Type	Rule in Virginia
Felony Convictions	Reported indefinitely. Class 5 and Class 6 felonies and felony larceny will be eligible for sealing by petition under the new Clean Slate law (effective July 1, 2026). Class 1-4 felonies are excluded.
Misdemeanor Convictions	Reported indefinitely until sealed. Starting July 1, 2026, certain misdemeanors will be automatically sealed after 7 years, including minor in possession, misdemeanor trespass, petit larceny, marijuana possession, and disorderly conduct. DUI and domestic violence are excluded.
All Convictions	No state lookback limit. Convictions can be reported indefinitely under FCRA defaults. However, starting July 1, 2026, certain misdemeanor convictions will be automatically sealed under the new Clean Slate law, effectively removing them from background check results.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Virginia law also allows petition-based sealing of certain non-conviction records.
Pending Cases	Pending charges can be reported and considered by employers. Virginia does not restrict reporting of pending criminal cases.

Ban the Box / Fair Chance

Yes

Governor McAuliffe signed Executive Order 41 in 2015, directing state executive-branch agencies to remove criminal history questions from initial job applications. The inquiry is delayed until later in the hiring process. This policy does NOT apply to private employers or local governments. Some Virginia localities, including the City of Richmond, have adopted their own fair-chance hiring policies.

Effective: 2015-04-03

Clean Slate / Auto-Sealing

Yes — automatic sealing

Virginia passed a Clean Slate law effective July 1, 2026. The law provides for automatic sealing of certain misdemeanor convictions after 7 years with no new convictions, including: minor in possession of alcohol, misdemeanor trespass, petit larceny, misdemeanor marijuana possession, misdemeanor marijuana intent to sell, and disorderly conduct. Additionally, Class 5 and Class 6 felonies, as well as felony larceny, can be sealed by petition to the court. Excluded from sealing: DUI/DWI, domestic violence offenses, DUI maiming and manslaughter, and all Class 1-4 felonies. Sealed records will not appear on standard public background checks but remain available to law enforcement.

Effective: 2026-07-01

What Employers Can Do in Virginia

When can employers ask about criminal history?: State executive-branch employers must wait until later in the hiring process to ask about criminal history per Executive Order 41. Private employers can ask at any time. After the Clean Slate law takes effect (July 1, 2026), sealed records will not appear on background checks, and applicants will not be required to disclose sealed convictions.
What can they consider?: Virginia employers can consider any unsealed conviction regardless of age or relevance to the job. There is no state law requiring individualized assessment. After July 1, 2026, employers will not have access to sealed records through standard background checks. Federal EEOC guidance recommends considering the nature of the offense, time elapsed, and job relevance.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Virginia

Virginia Clean Slate Act(2026)
Provides for automatic sealing of certain misdemeanor convictions after 7 years (minor in possession, trespass, petit larceny, marijuana possession/intent to sell, disorderly conduct) and petition-based sealing for Class 5-6 felonies and felony larceny. Excludes DUI, domestic violence, DUI maiming/manslaughter, and Class 1-4 felonies.
Executive Order 41 (Ban-the-Box for State Employers)(2015)
Signed by Governor McAuliffe in 2015. Directs state executive-branch agencies to remove criminal history questions from initial job applications, delaying inquiry until later in the hiring process. Does not apply to private employers.
Virginia Code § 19.2-392.12 et seq. (Sealing of Criminal Records)
Statutory framework for sealing of criminal records in Virginia, including provisions for automatic sealing under the Clean Slate Act and petition-based sealing for eligible offenses.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — Virginia

How far back does a background check go in Virginia?: Virginia has no state lookback limit — convictions can appear on background checks indefinitely. However, starting July 1, 2026, Virginia's new Clean Slate law will automatically seal certain misdemeanor convictions after 7 years. Once sealed, those records will not appear on standard background checks. Felonies that are not sealed will continue to appear indefinitely.
What is Virginia's Clean Slate law?: Virginia passed a Clean Slate law that takes effect July 1, 2026. It automatically seals certain misdemeanor convictions after 7 years with no new offenses, including minor in possession, misdemeanor trespass, petit larceny, misdemeanor marijuana possession and intent to sell, and disorderly conduct. Class 5 and Class 6 felonies and felony larceny can be sealed by petition. DUI, domestic violence, DUI maiming/manslaughter, and Class 1-4 felonies are NOT eligible for sealing.
When does Virginia's Clean Slate law take effect?: Virginia's Clean Slate law takes effect on July 1, 2026. After that date, eligible misdemeanor convictions that are at least 7 years old (with no new convictions during that period) will begin to be automatically sealed. If you have eligible records, they should be sealed without any action on your part, though the process may take some time to implement fully.
Does Virginia have ban-the-box for private employers?: No. Virginia's ban-the-box policy (Executive Order 41, 2015) only applies to state executive-branch employers. Private employers in Virginia can ask about criminal history on job applications and at any stage of hiring. However, once the Clean Slate law takes effect, sealed records will not appear on background checks, providing an indirect benefit.
Can I get a felony sealed under Virginia's Clean Slate law?: Class 5 and Class 6 felonies, as well as felony larceny, can be sealed by petition under the Clean Slate law. This is not automatic — you must file a petition with the court. Class 1 through Class 4 felonies are not eligible for sealing. DUI maiming, DUI manslaughter, and domestic violence felonies are also excluded.
Will a DUI conviction be sealed under Virginia's Clean Slate law?: No. DUI and DWI convictions are explicitly excluded from Virginia's Clean Slate law. DUI maiming and DUI manslaughter are also excluded. These convictions will continue to appear on background checks indefinitely.
If my record is sealed, do I have to disclose it to employers?: No. Once a record has been sealed under the Clean Slate law, you are not required to disclose it to employers, and you can legally answer 'no' when asked about criminal convictions. The sealed record will not appear on standard public background checks, though it remains available to law enforcement.
Can I get my record sealed before the Clean Slate law takes effect?: Virginia already has some petition-based sealing options under existing law. For charges that were dismissed, acquitted, or nolle prossed, you may be able to petition for sealing now. For convictions, the broader sealing options under the Clean Slate Act will only be available after July 1, 2026. Consult with a Virginia legal aid organization to understand your current options.

Virginia Resources

Virginia State Police — Criminal Records
The state agency that maintains criminal history records. You can request your own criminal history record here.
Virginia Legal Aid — Expungement and Record Sealing
Free legal information and assistance for low-income Virginians, including help with record sealing and expungement.
Legal Aid Justice Center (Virginia)
Provides legal assistance for reentry issues, including criminal record relief and employment rights.
Virginia Employment Commission — Reentry Resources
Employment resources and workforce programs for people with criminal records in Virginia.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Virginia for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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