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State legislators voted to update the Code of Virginia to create allowances for sealing certain criminal records.

Virginia Code Chapter 23.2

In 2023, legislators in Virginia approved proposals to create new opportunities for residents to have various criminal records sealed.

Several types of convictions will be eligible for expunction, including:

Marijuana Records

Section 19.2-392.6 of the Virginia Code calls for the automatic sealing of offenses for possession of marijuana. This will occur seven years after the date of a person’s conviction if the individual has not incurred a new conviction of a violation of “any law of the Commonwealth that requires a report to the Central Criminal Records Exchange under subsection A of § 19.2-390 or any other state, the District of Columbia, or the United States or any territory thereof, excluding traffic infractions under Title 46.2, during that time period.”

Misdemeanors

Section 19.2-392.11 of the Virginia Code creates the automatic expunction of most misdemeanors that resulted in acquittal, nolle prosequi, or dismissal. This second chance option will only be available to people who do not have other convictions.

Traffic Infractions

Section 19.2-392.17 of the Virginia Code creates expunction opportunities for traffic infractions that are not punishable as criminal offenses.

Learn more about the updates in Virginia and when they go into effect.

What Employers In Virginia Should Know

While updating the state’s Code, Virginia legislators developed rules for employers and other organizations. Section 19.2-392.15 says they may not require an applicant or employee to “disclose information concerning any arrest, charge, or conviction against him that has been sealed.” It also states that applicants and employees do not need to answer questions regarding any records that have been sealed.

Exceptions were made for people who work or are applying for positions in law enforcement or for employers if:

• They are required by federal law to ask about criminal records.
• They are otherwise required by the Code of Virginia to inquire about criminal records.

An Employers Obligation

When a criminal record is expunged, employers and other entities may not use it to help make decisions about consumers. A person who has a record sealed may act as if the offense never occurred. That makes it essential for employers to only review accurate, reportable data and avoid records that are sealed or otherwise not publicly available.

One of the most common and effective ways to accomplish this is to utilize the services of a Consumer Reporting Agency (CRA) that is is accredited by the Professional Background Screening Association (PBSA). These CRAs have demonstrated that they take reasonable steps to ensure the records they provide are accurate and up to date.

Need Background Checks?

If your organization needs background checks for employment purposes, please contact us. Backgrounds Online is an accredited CRA with a highly trained team that can customize screening packages based on your specific needs. We are available to assist you Monday through Friday from 5am to 6pm PT.