Effective July 1, 2026, Virginia’s Clean Slate law introduces a significant change to how certain criminal records are handled. The law allows qualifying records to be sealed from public access, giving eligible individuals an opportunity to move forward without some past offenses continuing to create barriers to employment, housing, and other opportunities.
While the law is intended to expand second chances, it also serves as a reminder that employers should regularly review their hiring practices to ensure they remain compliant with changing state laws.
How the Law Works
Virginia’s Clean Slate law does not apply to every criminal record. Instead, it establishes criteria that determine whether an individual may have an eligible record sealed. Depending on the type of offense and the circumstances of the case, some records may be sealed automatically after specific waiting periods, while others require the individual to petition the court for relief.
Because eligibility varies, employers should not assume that every prior conviction or charge will continue to appear on a background check.
What This Means for Employers
As more eligible records become sealed, employers may notice differences in the information returned during background screening. A report that previously contained certain criminal history may no longer include records that have been legally sealed under Virginia law.
For employers, this reinforces the importance of making hiring decisions based only on legally reportable information rather than expecting a background check to reveal every historical offense.
It is also an opportunity to review internal hiring policies and ensure that criminal history is evaluated consistently and in accordance with applicable federal, state, and local regulations.
Why Compliance Matters
Employment screening laws continue to evolve across the country, with many states expanding record-sealing initiatives and other fair chance hiring measures. These changes highlight the need for employers to work with screening providers that stay current with legislative updates and provide reports that reflect applicable reporting requirements.
Attempting to rely on outdated records or information obtained outside of a compliant background screening process can create unnecessary legal risk.
Preparing for Future Changes
Virginia’s Clean Slate law is part of a broader trend toward expanding access to record sealing and second-chance opportunities. As similar legislation continues to emerge in other states, employers should periodically review their background screening policies, adjudication procedures, and hiring practices to ensure they remain aligned with current laws.
A well-designed background screening program balances workplace safety with compliance by helping employers make informed hiring decisions using accurate, legally reportable information.
As employment laws continue to change, staying informed is one of the best ways organizations can protect both their hiring process and the candidates they evaluate.
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GIS is here to help employers navigate evolving background screening laws. If you need assistance reviewing your screening practices or understanding how your state’s laws may impact your hiring process, please contact us.