Virginia’s Clean Slate Act Takes Effect July 1, 2026

Author: Vince Pascarella, General Counsel

Beginning July 1, 2026, the state’s Clean Slate Act will significantly expand record sealing, while also introducing new compliance requirements for consumer reporting agencies providing background checks.

What’s the Clean Slate Act?

A Clean Slate Act is designed to limit the long-term impact of certain criminal records by allowing eligible cases to be sealed or expunged, either automatically or through a petition process, after a set period of time. Virginia’s law includes automatic sealing of eligible records.

These laws typically apply to lower-level offenses and non-convictions, removing them from the public record, and thereby from background checks used in hiring and housing decisions.

Ultimately, Clean Slate legislation aims to balance public safety with fair-chance opportunities by creating clearer guidelines for how certain criminal history information can be reported and used.

How Does Virginia’s Clean Slate Act Impact Employers?

Starting July 1, 2026, Virginia will begin implementing this law at scale, with immediate and widespread impact.

First, the state will automatically seal more than 100,000 criminal records tied to low-level offenses, including misdemeanors where individuals have remained conviction-free for a set number of years.

In addition, hundreds of thousands more individuals will become eligible to petition for record sealing, including those with certain misdemeanor convictions, deferred dismissals, and eligible felony offenses.

What does this mean for employers? The law creates new restrictions on how organizations can use criminal history information, including:

• Employers are prohibited from asking about or considering sealed records during hiring
• Job applications that inquire about criminal history must include a notice clarifying that sealed records do not need to be disclosed
• Background screening companies must remove sealed records, maintain strict data controls, and avoid publishing sealed information

Recommended Action Steps for Employers

With the Clean Slate Act going live, organizations should take proactive steps now to mitigate risk:

• Update hiring policies and procedures: Review your existing hiring policies to ensure they align with the new restrictions. Remove any processes that rely on accessing or considering sealed records.
• Revise job applications: If your application asks about criminal history, you must include a clear notice stating that sealed records do not need to be disclosed. Failing to include this language could expose your organization to liability.
• Train HR and recruiting teams: Educate hiring managers, recruiters, and anyone involved in hiring on both what the law permits and prohibits. This includes understanding when criminal history inquiries are allowed and how to handle sealed record scenarios.
• Audit current practices: Conduct a compliance audit of your background check workflows, interview practices, and decision-making criteria to identify any gaps before enforcement begins.

Final Takeaway

Virginia’s Clean Slate Act aims to expand economic opportunities for individuals with past lower-level offenses, while placing new responsibilities on employers.

Taking time now to update policies, retrain teams, and align with compliant screening partners will help reduce risk and ensure your hiring processes remain both fair and legally sound in this new landscape.

Disclaimer: This content is provided for informational and educational purposes only and is not intended to constitute legal advice. It reflects general industry insights and best practices to support discussion and awareness. Organizations should consult with their legal, compliance, or other professional advisors before making changes to their background screening programs to ensure compliance with applicable laws and regulations.