A Virginia law going into effect on July 1 will seal the criminal records of many people convicted of low-level offenses.
The commonwealth’s “Clean Slate” law is expected to automatically seal over 100,000 criminal records of Virginians who were once convicted of misdemeanors such as shoplifting, trespassing and distributing marijuana, but who haven’t reoffended in the past seven years. This will make make housing providers and many employers unable
to access such records via criminal background checks.
Hundreds of thousands of other Virginians with misdemeanors, low-level felonies and deferred dismissals on their records will also be able to petition for sealing. For felonies, this will require a person to go at least 10 years with a clean record.
Advocates say the change will open up housing and employment opportunities, helping people to move on with their lives years after committing an offense. Critics have raised public safety concerns, arguing that it creates risks for those who may, unknowingly, end up living and working closely with people previously convicted of crimes.
“My thought is, this is a country of second chances, and if you’ve earned that second chance, then you deserve it,” George Townsend, founder of the law firm Clean Slate Virginia, told ARLnow. “Once you’ve gone a certain amount of time, these convictions shouldn’t stop you from employment the rest of your life.”
Arlington Commonwealth’s Attorney Parisa Dehghani-Tafti told ARLnow that before she took office, the most common charge in Arlington was simple marijuana possession, while the most common charge today is petit larceny. Both of these crimes will be automatically erased from some offenders’ public records.
“Overall this is good news for our community because we know people do better without convictions on their records, since convictions can create significant barriers to employment, housing, and educational opportunities,” Dehghani-Tafti said.
The bill passed the Virginia House on a 58-41 vote in 2021, and cleared the Senate on a 21-17 vote.
Opponents include Sean Kennedy, president of Virginians for Safe Communities (which unsuccessfully attempted to remove Dehghani-Tafti from office in 2021). He connected his criticisms of the law to his broader concerns about progressive prosecutors undercharging offenders.
“The law empowers the same prosecutors who routinely drop and downgrade charges and hand out deferred dispositions like candy to then erase criminal histories from public view,” Kennedy said. “Employers, landlords, and even romantic partners will be left blind to the risks these offenders pose, while prosecutors can bury the consequences of their own failures.”
Kennedy noted that misdemeanor convictions can sometimes belie more serious offenses. He pointed to a case in Fairfax County where a man was originally indicted over allegations of sexual battery against a minor, but received a misdemeanor conviction after prosecutors missed an evidentiary deadline.
Automatic sealing will apply to the following offenses, according to the Virginia State Crime Commission:
• Misdemeanor convictions (petit larceny, shoplifting, trespassing, instigating trespass, trespass on posted property, distribution of marijuana, and disorderly conduct);
• Possession of marijuana offenses (criminal and civil);
• Misdemeanor non-convictions at case conclusion (acquittal and dismissal with prejudice);
• Felony non-convictions at case conclusion (upon verbal request by the defendant and concurrence of the Commonwealth’s Attorney) (acquittal and dismissal with prejudice);
• Previously concluded misdemeanor non-convictions (acquittal, nolle prosequi, and dismissal, excluding deferred dismissal); and,
• Traffic infractions.
Additionally, the following two petition processes will be available:
• Petition sealing of misdemeanor and felony convictions, deferred dismissals, and related ancillary matters, with the exception of numerous types of offenses, such as Class 1, 2, 3, and 4 felonies, sex crimes, violent felonies, sex trafficking, felonies involving the use of a firearm, protective order violations, hate crimes, animal cruelty, election laws, date rape drug offenses, not guilty by reason of insanity dispositions, dangerous or vicious dogs offenses, and crimes against family or household members; and,
• Automatic petition sealing of misdemeanor convictions and deferred dismissals eligible for automatic sealing that were unable to be sealed through the automatic process, certain other misdemeanor convictions and deferred dismissals not eligible for automatic sealing, and related ancillary matters.
Dehghani-Tafti said she expects “a significant number of sealing motions” after July 1, and her office is working with the Clerk of Court to process them smoothly.
According to the most recent estimates from Virginia State Police, automatic sealing will apply to about 112,000 offenses resulting in a conviction, and around 942,000 misdemeanor offenses where the charges were dropped or dismissed, or where the person was acquitted.
Another 733,000 people will be eligible to petition to have records sealed.
Sealed records will be removed from Virginia’s publicly accessible courts databases, but will still be accessible to police, courts and prosecutors, and some employers such as law enforcement agencies or hospitals, Townsend said.
The Clean Slate law was originally set to take effect in July 2025, but was pushed back to this year to give courts more time to prepare.
“It’s hard to understand how impactful this will be for people, because it just opens up so many more opportunities,” Townsend said.
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This story was originally published by ARLnow and distributed through a partnership with The Associated Press.
