Key facts
- Virginia's "Clean Slate" law takes effect July 1, 2024.
- The law will automatically seal over 100,000 criminal records for low-level offenses.
- Hundreds of thousands of additional Virginians can petition to have their records sealed.
- Sealed records will be removed from public databases but remain accessible to law enforcement and certain employers.
- Advocates state the law will improve access to housing and employment.
- Critics raise concerns about public safety and the inability of employers and landlords to access certain past convictions.
Virginia's "Clean Slate" law, set to take effect on July 1, will automatically seal the criminal records of many individuals convicted of low-level offenses. This legislation is anticipated to automatically seal over 100,000 records for misdemeanors such as shoplifting, trespassing, and marijuana distribution, provided the individuals have maintained a clean record for seven years. Additionally, hundreds of thousands of Virginians with misdemeanors, low-level felonies, and deferred dismissals will be eligible to petition for their records to be sealed, requiring a 10-year clean record for felonies.
Advocates argue that the law will significantly improve access to housing and employment opportunities for those with past convictions, allowing them to reintegrate into society. George Townsend, founder of Clean Slate Virginia, emphasized the principle of second chances, stating that convictions should not permanently hinder employment prospects.
However, critics, including Sean Kennedy, president of Virginians for Safe Communities, have voiced concerns about public safety. They argue that the law could pose risks to employers, landlords, and the public by obscuring past offenses, particularly when prosecutors are perceived to be lenient with charges. Kennedy pointed to a case where a man facing serious allegations received a misdemeanor conviction due to a missed deadline, highlighting potential issues with how offenses are classified and later sealed.
Arlington Commonwealth's Attorney Parisa Dehghani-Tafti acknowledged the law's positive impact on reducing barriers to employment, housing, and education, noting that common charges like marijuana possession and petit larceny will be affected. The bill passed the Virginia House by a 58-41 vote and the Senate by a 21-17 vote in 2021.
According to estimates from the Virginia State Police, automatic sealing will apply to approximately 112,000 convictions and 942,000 misdemeanor offenses that were dismissed or acquitted. Another 733,000 individuals are eligible to petition for sealing. Sealed records will be removed from public court databases but will remain accessible to law enforcement, courts, prosecutors, and certain employers like law enforcement agencies and hospitals.