Virginia Clean Slate Law: What It Means for Your Record in 2026
Attorney Tyler Andrehsen discusses whether petit larceny can be sealed under Virginia’s new Clean Slate law, which takes effect in July 2026.
Virginia’s Clean Slate Law Is Coming. Here’s What That Actually Means.
Starting July 1, 2026, Virginia’s new Clean Slate law will change how certain criminal records are handled. For many people in Prince William, Fairfax, and Loudoun County, this is something you are going to hear more about, especially if you have an older charge that continues to show up on background checks.
If You Are Thinking About This, It Makes Sense to Start Now
Even though the Clean Slate law does not take effect until July 2026, there is real value in understanding your options now. Some cases may already qualify for expungement, while others may fall under the new sealing law once it goes into effect.
Taking the time to evaluate your record now can help you move more efficiently when the law becomes available.
At Battlefield Law Group, we handle expungements regularly and are preparing to help clients navigate record sealing under this new law. Attorney Steve Duckett has extensive experience in this area and understands how to approach these cases in a way that avoids unnecessary delays or complications.
If you have a past charge and want to understand your options, we can walk you through it and help you plan your next steps.
This Does Not Erase Your Record
One of the most common misunderstandings is that the Clean Slate law wipes everything away. It does not.
Virginia has always been very limited when it comes to true expungement under Virginia Code § 19.2-392.2, which is generally only available when a case was dismissed, nolle prosequi, or resulted in a not guilty finding.
What the Clean Slate law introduces instead is record sealing under Virginia Code § 19.2-392.5 through § 19.2-392.17. In practical terms, that means certain charges may no longer be visible to the public, even though they are not completely erased.
What Can Be Sealed and When
Whether a charge can be sealed depends on the type of offense and the surrounding circumstances.
Some misdemeanor convictions, including petit larceny, may become eligible after a waiting period, while certain non-convictions may be sealed much sooner. In most cases, the law requires a period with no new convictions before sealing is possible, which is typically about 7 years for misdemeanors and closer to 10 years for certain eligible felonies.
In some situations, sealing may happen automatically once that time has passed. In others, a petition must be filed with the court, which is often where the process becomes more involved.
Not Every Charge Qualifies
It is just as important to understand what the law does not cover.
Certain charges are not eligible for sealing, including many violent offenses. For example, domestic assault may not qualify under the Clean Slate law in many situations. Eligibility is also not determined by the charge alone. The outcome of the case, the presence of other offenses, and your overall record can all affect whether sealing is available.
There is not a single, simple list that answers this for everyone, which is why these cases often require a closer review.
Why This Matters in Northern Virginia
In courts across Northern Virginia, we regularly see how older charges continue to affect people years after a case is closed. That impact often shows up in job opportunities, housing applications, and other areas where background checks are involved.
Even a misdemeanor can follow someone longer than expected, which is why this law matters. It creates a path forward, but it still requires careful evaluation and, in many cases, action to move forward.
Expungement and Sealing Are Not the Same
Expungement removes a charge from your record entirely, while sealing limits who can see it. Both can be valuable, but they serve different purposes and are governed by different parts of Virginia law.
Understanding which option applies to your situation is an important first step.
