Virginia’s Clean Slate Act has started automatic record sealing for old misdemeanor convictions. Advocates estimate about 415,000 people could benefit. State Police had until Oct. 1 to send the first list of eligible cases, the state’s Crime Commission said.
At a glance
- Eligibility: Cases include petit larceny, shoplifting, trespassing, disorderly conduct, and marijuana offenses, said the Virginia State Crime Commission. A misdemeanor generally needs seven years with no new conviction, WSLS reported.
- Scale: The Clean Slate Initiative estimates about 415,000 people could benefit. State Police estimate about 112,000 conviction offenses and 942,000 dropped, dismissed, or acquitted charges will be sealed, WJLA reported.
- Timeline: The law took effect July 1. State Police had to send the first list by Oct. 1, said a Crime Commission update.
How Virginia’s Clean Slate Act works
State Police build lists of eligible cases, and court clerks carry out the sealing, the Crime Commission update said. ClearStar, a background check firm, said new orders follow each month.
People do not apply, file forms, pay fees, or go to court, said the Clean Slate Initiative. They will not be told, WSLS reported. Changes can take a couple of weeks to show up.
Misdemeanor charges that ended in acquittal or dismissal with prejudice are covered too. So are marijuana possession records and traffic tickets, the Crime Commission said. No felony convictions qualify, the Clean Slate Initiative said.
What sealing changes for people
Sealed records vanish from Virginia’s public court databases. Police, courts, prosecutors, and some employers can still see them, WJLA reported. Examples are police agencies and hospitals.
State law also bars background check firms from sharing sealed records, the Crime Commission said. Many employers cannot ask applicants about them either, ClearStar said, citing Virginia Code § 19.2-392.15.
WJLA reported that advocates say sealing expands job and housing options. The Clean Slate Initiative cites national studies finding that pay rises about 23% within a year. Those studies are not about Virginia.
What remains unresolved
The estimates count different things. The 415,000 figure counts people and comes from advocates. State Police count offenses, not people, so the figures cannot be added.
Critics have raised concerns. Sean Kennedy of Virginians for Safe Communities said employers and landlords might miss real risks, WJLA reported. He added that a misdemeanor can hide more serious conduct.
Delivery is another risk. The Crime Commission said work is on schedule. It also noted that State Police is ending its contract with the vendor for its new records system, and that no extra money was found.
What comes next
People whose records do not qualify can petition a court. Petitions opened July 1 for most misdemeanors and some felonies, the Clean Slate Initiative said. Misdemeanors need seven clean years, and felonies need 10.
More changes arrive Dec. 1. More people who were arrested or charged can seek expungement, and dismissed traffic tickets become eligible.
The General Assembly first passed the Clean Slate Act in 2021 C.E. WJLA reported that the start slipped from July 2025 C.E. so courts could get ready.
Read more
For more on this story, see: Virginia State Crime Commission and WSLS
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