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As of July 1, 2026, residents of Virginia will be empowered to petition to have certain types of criminal records sealed, which will be the first time that option is available in the state.

Senate Bill 1466

Legislators in Virginia have been attempting to allow residents to seal lower level criminal records for a few years now. Laws were proposed in 2021 and 2023, but the state has not permitted the sealing of records to date. That will change starting on the first of July 2026.

Senate Bill 1466 (SB1466) will amend the Code of Virginia to authorize the sealing of many misdemeanors and some lower-level felonies. Once that happens, law enforcement agencies may no disclose those records, unless they are legally required to do so.

Petitions To Seal Records

Once SB1466 goes into effect, Virginia residents may petition to have eligible records sealed. Each request will be reviewed, and qualifying cases will be approved.

Legislators in Virginia also clarified that only a few types of records can be expunged. For example, the charge must have been dropped or dismissed, or the person must have been found not guilty. Records that are expunged in Virginia will be destroyed, but records that are sealed will not.

Exceptions

Not every type of record will be eligible for sealing, such as violent or other serious felonies. One example shared by legislators is that any offense which involves assaulting a member of law enforcement may not be sealed.

Virginians will not be able to have records sealed if they have:

• Been convicted of a Class 1 or 2 felony, or any felony punishable by life in prison.
• Been convicted of a Class 3 or 4 felony in the last 20 years.
• Been convicted of any felony in the 10 years before the petition is filed.
• Failed to pay any restitution owed to victims.
• Offenses that require the person to register as a sex offender.
• Offenses that are defined as a hate crime.

What This Means For Employers

Employers in Virginia should know that once a record is sealed, it is no longer publicly available. There are still, however, various reasons why a sealed record could be made accessible. People who apply for safety sensitive positions, such as those that will work with vulnerable populations, are typically subject to having such records made available to prospective employers.

It is crucial for hiring managers to avoid viewing records that are not available to the public. One excellent way to help accomplish this is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). CRAs must go through an intensive third-party audit and demonstrate that they follow reasonable procedures to help ensure they only provide current, reportable records before they can become accredited.

Need Employment Background Checks?

SB1466 is an example of the many Second Chance laws that are designed to help people re-enter society and give employees larger pools of qualified candidates. While these laws vary by location, organizations in every state are still strongly encouraged to run comprehensive background checks before brining on employees, volunteers or contractors. These reports help hiring managers make informed decisions, maintain safe workplaces and conduct due diligence practices.

If your business needs background reports for employment purposes, please contact us. Our highly trained staff can help you customize screening packages that meet your particular needs, comply with relevant laws and adhere to industry best practices. We are available to assist you Monday through Friday from 5am to 6pm PT.