RICHMOND, Va. — A forthcoming “clean slate” law set to activate next year is expected to alleviate the burden of past convictions for many individuals, allowing some misdemeanors and felonies to be sealed from public visibility. The legislation aims to provide relief to those whose records have hindered their opportunities long after they have served their sentences.
Supporters of the law argue that it will significantly impact people who have struggled to move on from their past. Legal professionals caution that preparations are crucial to manage the anticipated surge of individuals seeking to have their records sealed.
Scott Surovell, a Democratic state senator from Fairfax, noted that interest in the new law is already evident. “I’ve compiled a list of around 30 people who have reached out over the past five years, eager for me to file petitions for them,” Surovell said during a recent panel discussion on the law’s implications. He shared an example of a client whose high school petty larceny conviction for a $205 baseball equipment bag has followed him for decades, disqualifying him from various opportunities.
Under the new regulations, qualifying misdemeanors can be sealed seven years after the conviction, while felonies can be sealed after ten years, provided the individual commits no new offenses during that time. The delayed implementation, set for July 1, 2026, is designed to facilitate the necessary updates to the criminal record-keeping system. This means extensive programming will be required as the law moves forward.
The law has faced delays before, initially postponed to enable a $20 million overhaul of the criminal records system. Despite prior holdups, Surovell emphasized that the law will be enacted as planned, regardless of subsequent challenges.
While some offenses, such as marijuana possession, will have an automatic sealing process, many others will necessitate petitioning, which could strain an already burdened legal system. Christa Gantz, director of Access to Legal Services at the Virginia State Bar, pointed out the rising demand for affordable legal assistance, particularly among low-income communities. “Complicated cases will necessitate attorney involvement, significantly influencing individuals’ ability to achieve relief,” she explained.
Gantz highlighted that more than 1 million Virginians are eligible for legal aid, but without proper infrastructure and funding, helping those seeking sealing could be difficult. She expressed concerns that individuals would be directed to find assistance without clear pathways to access it.
George Townsend, a criminal defense attorney and founder of Clean Slate Virginia, anticipates that over 100,000 people may qualify for sealing. He remarked that the additional time until the law takes effect provides an unique opportunity to raise awareness about it. “There will be a high volume of applications, and this extended period will help prepare for the influx,” he noted.
In response to the impending increase in workload, the General Assembly approved funding for an extra position in each court clerk’s office, effective July 2023, to help manage the anticipated influx of petitions. Townsend suggested that permitting advance filings of petitions might ease the pressure as the implementation date approaches, avoiding a potential backlog on the first day.
Sealing a criminal record will prevent it from appearing on public background checks for employment, housing, and loan applications, although some employers, including law enforcement agencies, will still be granted access to the sealed records. Similar clean slate laws exist in over a dozen states, including Virginia, but experts have raised ethical concerns about the implications for transparency in the judicial process. Opponents argue that sealing records might obscure evaluations of the justice system while advocates cite the importance of providing individuals with the chance to rebuild their lives unhindered.
The law also addresses barriers that prevent individuals with certain felony convictions from pursuing professions in fields like drug counseling. Although these restrictions remain, sealing convictions offers a pathway for those affected to move forward.
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