Virginia’s New Clean Slate Law: Could It Benefit Your Past Record?
Attorney Tyler D. Andrehsen explains how not every conviction qualifies to be sealed. However, there are many that do. It is worth checking with an attorney.
Starting July 1, 2026, Virginia's new Clean Slate law gives many people the opportunity to seal eligible criminal records, marking one of the biggest changes to Virginia criminal law in years. However, not every conviction qualifies, and many records require a petition before they can be sealed.
If you live in Manassas, Prince William County, Fairfax County, Loudoun County, Stafford County, or anywhere else in Northern Virginia, here's what you need to know and how Battlefield Law Group can help guide you through the process.
Sealing vs. Expungement: What That Means For Your Opportunities in Northern Virginia
Under Virginia’s Clean Slate law, “sealing” a record does not remove convictions from your record as an expungement would. Instead, it limits public access so the record no longer appears on most background checks used by employers, landlords, or others reviewing your background.
That distinction matters. Sealing a record does not remove it from existence, but it can change how it impacts your day-to-day life. For many people, that means fewer barriers when applying for jobs, housing, professional licensing, or other opportunities where a background check is part of the process.
However, since sealed records are not completely erased, certain government agencies and specific legal situations permitted under Virginia law can still access them when required.
What Types of Charges May Be Eligible for Record Sealing in Virginia?
Virginia’s Clean Slate law does not apply to every case, but it does open the door for many misdemeanor and non-violent offenses to be considered for record sealing in Virginia.
Some convictions that may qualify include:
• Certain drug convictions
• Petit larceny
• Shoplifting
• Trespassing
• Disorderly conduct
• Certain marijuana-related offenses
• Other qualifying misdemeanor convictions
Under Virginia Code § 19.2-392.6 and related sections of the Clean Slate framework, whether a record can be sealed depends on several key factors, including the type of offense, how the case was resolved, and whether the conviction is specifically listed as eligible under Virginia law.
Even then, certain offenses require a waiting period before they can be considered for sealing. In many cases, this is generally seven years from the date of conviction, as long as there have been no new convictions during that time.
Only after both eligibility requirements and the applicable waiting period are satisfied can a case move forward through either the automatic sealing process or a petition-based review, depending on the offense.
Not Every Record Is Automatically Sealed
An important detail to remember about Virginia's Clean Slate law is that most records will not automatically seal. In reality, many convictions will require a petition-based process that includes filing with the court, an eligibility review, and final approval by a judge.
This is where many people run into confusion, especially when trying to determine what qualifies and what steps are required. The new law creates real opportunities, but it also raises important questions about eligibility, prior convictions, and proper filing procedures.
Manassas & Northern Virginia Clean Slate Guidance From Experienced Defense Attorneys
Battlefield Law Group has spent decades helping clients in Manassas, Prince William County, Fairfax, Loudoun, and surrounding Northern Virginia communities navigate changes in Virginia criminal law. As the Clean Slate process becomes available, our attorneys help clients understand their options with clarity and confidence.