What is the clean slate law in Virginia?
Score: 0/5 (0 votes)Virginia's Clean Slate Law takes effect on July 1, 2026. It allows for the automatic sealing of certain low-level offenses—such as simple marijuana possession and specific misdemeanors like trespassing—keeping them off background checks for jobs and housing.
What cannot be expunged in Virginia?
Code § 19.2-298.02, and your case was eventually dismissed, it's eligible for expungement. Convictions and most first-offender dismissals, such as for possession of a controlled substance, are not eligible for expungement. Under Virginia's new record sealing law, many types of criminal records are eligible for sealing.
Do I have to disclose a felony after 7 years in Virginia?
In Virginia, you generally do not have to disclose a felony conviction on a job application if it has been officially sealed by a court. However, because criminal records in Virginia do not automatically disappear after 7 years, you must disclose it if it remains on your public record and an employer or application specifically asks for it.
How many times can you expunge your record?
Per state law, a person convicted of one or more criminal offenses may file an application for expungement with the convicting court to set aside one or more convictions. The number of convictions that a person can apply for expungement includes up to three felonies and no limit on misdemeanors.
How long before a felony can be expunged in Virginia?
At least 7 years must have passed for a misdemeanor, or at least 10 years for a felony, and during that time the petitioner cannot have been convicted of an offense that requires a report to the Virginia CCRE, or of any crime in any other state, the District of Columbia, or the United States or one of its territories, ...
Virginia Clean Slate Law: Understanding Eligible Charges
What is the new law for felons in Virginia?
Virginia's new record sealing laws go into effect on July 1, 2025 July 1, 2026, and give people the ability to seal qualifying criminal convictions and remove them from background checks run by employers.
What happens 7 years after a felony?
Does a felony automatically disappear from my record after 7 years? No, felony convictions do not automatically disappear after any time period. They remain permanently on your criminal record unless you successfully petition for expungement, sealing, or receive a pardon.
Can a felon get a passport?
Who can and cannot get a passport? According to USA Today, most felons can get a passport without a problem. This is assuming a person is not currently awaiting trial, on probation or parole or otherwise banned from leaving the country.
Which is better, seal or expunge?
Having your record sealed is like taking the case and putting it in a lock box or locking the case but it's still there. Ideally, expungement is a better option. You want to have your record expunged if eligible or you want to have the record sealed.
Can I go to Canada if I had a felony 20 years ago?
Yes, but you may be considered "criminally inadmissible" to Canada and could be turned away at the border unless you take specific steps beforehand. Because Canada compares US felonies to its own criminal code, the outcome depends on the severity of your specific offense and whether you completed your sentence.
What is the new expungement law in Virginia 2026?
Effective July 1, 2026, Virginia implements a comprehensive criminal record-sealing law. Previously restricted to cases ending in acquittal or dismissal (expungement), the law now allows eligible low-level felony and misdemeanor convictions to be sealed from public view. Filing fees for expungement and record sealing are also eliminated.
How far back does a VA criminal background check go?
In states like California, criminal background checks go back seven years. However, some states allow a deeper look into your past if the job pays a higher salary (usually over $75,000). Some government jobs or jobs with access to sensitive information may allow - even require - background checks further.
What is the 21 day rule in Virginia?
The 21-Day Rule: Why Time Is Critical for Post-Trial Relief
Under Virginia Supreme Court Rule 1:1, a circuit court loses jurisdiction over a case 21 days after entry of a final order unless action is taken to suspend or vacate the order.
Do I need a lawyer for expungement in Virginia?
Do I Need a Lawyer to Expunge My Record in Virginia? Individuals may file an expungement petition without legal representation, but the process is complex. It involves: Obtaining certified copies and preparing the petition to file.
Do misdemeanors stay on your record forever?
The short answer is that a misdemeanor remains on your permanent criminal record in California indefinitely. It does not simply disappear after five or 10 years. Unless you take specific legal action to change how that record appears, it stays there for life.
How to clean your criminal record in Virginia?
In order to seal your Virginia record, there is a ten year waiting period for felonies and seven year waiting period for misdemeanors before they are eligible to be sealed. During that time, there can be no new criminal convictions.
Can felons go to Japan?
Felons can travel to Japan, but admissibility is evaluated on a case-by-case basis depending on the nature and sentencing of the crime. Japan’s immigration laws explicitly prohibit entry to anyone convicted of drug-related offenses or anyone sentenced to a prison term of one year or more.
Can I go on an Alaskan cruise with a DUI?
Yes, but it depends strictly on your itinerary and Canada's strict border policies. Canada considers a DUI to be a serious crime (often equivalent to a felony), making you "criminally inadmissible". Because nearly all Alaskan cruises dock in Canadian ports (such as Victoria or Vancouver), this can impact your trip.
Does your criminal record show up when your passport is scanned in Canada?
Does a Criminal Record Show on a Passport? Your criminal record is not printed on your passport. Passports are identification and citizenship documents. They contain your personal data (name, date of birth, nationality, photo, etc.), but they do not include criminal history or any indication of past offenses.
Can I work for FBI with expunged records?
Yes. Some federal agencies, law enforcement roles, and high-security or public-trust positions may require you to disclose expunged records and will see your full criminal history. Expungement still shows that your case was dismissed, which can be helpful, but it does not guarantee approval for these types of jobs.
What is better than expungement?
Impact on employment: Expungement allows you to legally state that you have not been convicted of the expunged crime. Sealing hides the record from most background checks, improving job prospects.
Can you pass a level 2 background check with a sealed record?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can a felon go on a cruise?
Yes, a felon can go on a cruise, but your ability to sail depends on the specific crime, your current probation status, and the ship's itinerary. There are no federal laws barring felons from cruising, but you must plan carefully.
What country will accept felons?
Most countries permit convicted felons to travel there for tourism, provided you have a valid passport and are not actively on probation, parole, or restricted by a court. However, several major destinations—such as Canada, Australia, Japan, and the United Kingdom—strictly enforce laws banning travelers with certain criminal convictions.
Can a felon fly on a plane?
Yes, convicted felons are legally allowed to fly on planes. However, there are a few important exceptions, restrictions, and rules you need to be aware of: