Virginia’s legal landscape is always evolving, and keeping up with changes to criminal laws is crucial, whether you’re a concerned citizen, a business owner, or someone who might find themselves facing a legal challenge. As Elizabeth, a lawyer who has spent nearly 25 years navigating both sides of the courtroom – first as a prosecutor and now as a criminal defense attorney – I’ve seen firsthand how these shifts can impact lives. My experience as a prosecutor, in particular, gave me a deep understanding of the systemic needs of those charged with criminal defense, especially concerning mental health and substance abuse.
Here at The Tuomey Law Firm, PLLC, I believe that informed citizens are empowered citizens. Let’s explore some of the recent changes to Virginia’s criminal laws that you should be aware of.
The Evolving Landscape of “Clean Slate” and Record Sealing
One of the most significant developments in Virginia criminal law is the “Clean Slate” initiative, which aims to allow certain criminal records to be sealed from public view. This is a monumental step for individuals seeking to move forward with their lives, impacting opportunities in employment, housing, and education.
While the original legislation was set to take effect sooner, the rollout has been delayed to July 1, 2026. This delay is due to the significant undertaking of overhauling the state’s record-keeping systems. However, the good news is that the legislature has increased the number of people who will qualify for criminal record sealing, now including “ancillary” matters like violations of probation and failure to appear charges. This means that if you had a conviction for a qualifying offense, and also had a violation of probation related to it, both might now be eligible for sealing.
It’s important to note that specific charges are excluded from sealing, and there’s a cutoff date for offense dates (currently January 1, 1986). Also, there’s no longer a court filing fee when petitioning to seal a record under Virginia Code Section 19.2-392.12. This is a positive change, making the process more accessible for those who need it.
Expanded Earned Sentence Credits
As of July 1, 2024, Virginia has broadened its earned sentence credit program. Incarcerated individuals convicted of both violent and nonviolent offenses can now earn up to 15 days off their sentence for every 30 days of good behavior (for non violent offenses, 4.5 days for violent offenses), under a tiered system (Level I, II, III) based on participation in programs and correctional infractions. This change, stemming from the expiration of a budget provision, applies retroactively to individuals confined in any correctional facility on July 1, 2025. This has led to the immediate release of hundreds of inmates, including those convicted of violent crimes, on July 1, 2024, with thousands more qualifying for future sentence reductions. This initiative incentivizes rehabilitation and prepares individuals for successful re-entry into society.
Addressing Mental Health and Substance Abuse in the Justice System
My career has been deeply influenced by the critical need to address mental health and substance abuse within the criminal justice system. Virginia is making strides in this area, recognizing that incarceration isn’t always the answer for individuals grappling with these challenges.
One notable change, effective July 1, 2024, is SB 626/HB 1269. This legislation permits the Department of Behavioral Health and Developmental Services (DBHDS), substance abuse, and mental health service providers to adults, and community services boards to hire applicants convicted of certain “barrier crimes” (misdemeanor assault and battery or involving controlled substances). This is a crucial step towards rehabilitation and offering opportunities for individuals who have served their time and are seeking to contribute to society, particularly in fields where their lived experience can be incredibly valuable.
Furthermore, efforts are being made to clarify that law enforcement officers are not required to arrest someone if the person is in a mental health crisis, but instead can take them directly to evaluation and treatment. This, along with discussions around expanding Behavioral Health Dockets to include more eligible individuals with mental illness who could benefit from intensive services and monitoring instead of jail time, represents a more compassionate and effective approach.
Hate Crime Protections Expanded
Virginia has expanded its hate crime protections to include ethnicity. This means that offenses motivated by ethnic animosity will now face enhanced penalties, aligning with existing protections for race, religion, and other categories. This significant update strengthens the state’s commitment to protecting all its residents from bias-motivated violence and intimidation.
Juvenile Justice Reforms
Virginia has enacted reforms aimed at providing second chances for juvenile offenders. Individuals sentenced to life imprisonment or cumulative sentences exceeding 20 years for offenses committed as juveniles are now eligible for parole after serving at least 20 consecutive years. Additionally, certain juvenile court records will be expunged when the individual reaches the age of 29, provided the offenses meet specific criteria, such as successfully completing diversion programs or adjudications for certain misdemeanors. This offers a path to a clean slate for young people who have paid their debt to society.
Animal Cruelty Laws Strengthened
New legislation allows courts to prohibit individuals convicted of felony animal cruelty from owning or possessing companion or equine animals for life. For misdemeanor convictions, the prohibition can last up to five years. This measure aims to prevent further harm to animals by repeat offenders and demonstrates Virginia’s commitment to protecting animal welfare.
Other Important Updates
While “Clean Slate,” earned sentence credits, mental health initiatives, hate crime expansions, and juvenile justice reforms are certainly significant, a few other changes are worth noting:
- Manufacturing Fentanyl: A new law makes it a felony punishable by substantial imprisonment for anyone 18 or older to knowingly allow a minor or a mentally incapacitated/physically helpless person to be present during the manufacture or attempted manufacture of fentanyl. This highlights the state’s severe stance on the fentanyl crisis.
- “Auto Sears” Ban: Devices designed to convert semi-automatic firearms into fully automatic weapons are now illegal in Virginia.
- Child Marriage Ban: Virginia has set the legal age of marriage at 18 years, with no exceptions, effectively ending child marriage in the state.
- “Irvo’s Law”: This law allows family members or legal guardians to be present with an individual undergoing a mental health crisis to help with their decision-making.
Why Staying Informed Matters
These changes can have a profound impact on individuals and their futures. Whether it’s the potential to seal a past conviction, the evolving approach to mental health in the justice system, or updates on specific criminal offenses, knowledge is power.
If you or someone you know is facing criminal charges, or if you have questions about how these new laws might affect you, please don’t hesitate to reach out. As a lawyer with deep experience on both sides of the aisle, I am dedicated to providing comprehensive and compassionate legal counsel.
You can contact The Tuomey Law Firm, PLLC, at 571-565-5440 or visit our website at https://tuomeylawfirm.com/ to learn more. We’re here to help you navigate the complexities of Virginia’s criminal laws.