On July 1, 2026, Virginia launched a sweeping criminal record sealing framework that expands the categories of records eligible for automatic or petition-based sealing. The changes are expected to have an impact on employers that conduct background checks or consider criminal history during hiring and employment decisions.
Automatic Sealing Will Remove Many Records from Employer View
Under the new law, various records are now subject to automatic sealing, including:
- Certain misdemeanor convictions, such as petit larceny, shoplifting, trespassing, and disorderly conduct;
- Criminal and civil marijuana possession offenses;
- Many misdemeanor and felony non-convictions, including acquittals and dismissals;
- Previously concluded misdemeanor non-convictions; and
- Traffic infractions.
As these records become sealed, they generally will no longer be available through ordinary criminal history searches, reducing the information employers may be able to access when evaluating applicants.
Additional Petition-Based Sealing Opportunities
In addition to automatic sealing, Virginia has implemented new procedures allowing individuals to petition for the sealing of certain:
- Misdemeanor convictions;
- Felony convictions;
- Deferred dismissals; and
- Related ancillary matters.
Although numerous serious offenses remain ineligible, including many violent felonies, sex offenses, firearm-related felonies, and crimes involving family or household members, the law substantially expands opportunities for individuals to remove qualifying criminal records from public view.
Background Check Providers Face New Restrictions
One of the most significant employer-facing provisions is that Virginia’s sealing statutes expressly prohibit background check companies from sharing sealed criminal records.
As a result:
- Employers may receive less criminal history information from consumer reporting agencies;
- Previously available records may no longer appear on background reports; and
- Employers may need to adjust hiring and screening processes to account for a growing universe of sealed records.
Existing Screening Practices May Need Review
Because sealing applies to records maintained by the Virginia State Police, Virginia courts, law enforcement agencies, and the Department of Motor Vehicles, employers that rely on criminal history information should expect significant changes in the information available through traditional screening channels.
Organizations with policies that automatically disqualify applicants based on certain criminal records may need to reassess those practices, particularly where previously accessible records become unavailable due to sealing.
Employers Impacted
The new law is particularly relevant to:
- Employers that conduct pre-employment background checks;
- Staffing companies and recruiting firms;
- Employers in regulated industries that rely on criminal history screening;
- Human resources and talent acquisition professionals; and
- Consumer reporting agencies and other background screening providers.
Employer Takeaway
Virginia’s new criminal record sealing framework represents one of the most significant changes to the state’s background screening landscape in recent years. Employers should:
- Review hiring and background screening policies;
- Confirm that background check vendors are complying with Virginia’s sealing requirements;
- Train hiring personnel regarding the limitations on available criminal history information; and
- Reevaluate how criminal records are used in employment decision-making.
The law is likely to reduce employers’ access to certain criminal history records while creating new compliance obligations for organizations that rely on background screening as part of their hiring process.