Virginia Record Sealing | Effective July 1, 2026
Beginning July 1, 2026, Virginia’s expanded record-sealing laws are expected to significantly change how past criminal records affect everyday opportunities. For many individuals, sealing a qualifying record can remove major barriers to employment, housing, and professional advancement. However, record sealing does not operate the same way in every situation, and understanding its real-world impact is critical.
This guide explains what record sealing means in Virginia and how it can affect background checks conducted by employers, landlords, and licensing authorities.
What Does It Mean to Have a Criminal Record Sealed in Virginia?
When a criminal record is sealed in Virginia, it is removed from public access. Courts, law enforcement agencies, and most public databases are prohibited from allowing public inspection of sealed records. In most everyday situations, this means the record should no longer appear during routine background checks.
Importantly, sealing does not erase the record entirely. Instead, it limits who can access it and under what circumstances.
How Record Sealing Affects Background Checks
Most Standard Background Checks
For typical employment or housing screenings, a sealed record should no longer appear. Many private background check companies rely on public court data, which becomes inaccessible once a record is sealed.
This can make a substantial difference when applying for jobs, apartments, or volunteer positions that involve routine screening.
Exceptions to Be Aware Of
Certain background checks may still reveal sealed records. These typically involve:
- Positions requiring background checks under federal law
- National security or government-related employment
- Certain public safety or law enforcement roles
- Specific situations where Virginia law authorizes access to sealed records
Because of these exceptions, sealing does not guarantee that a record will never be seen again.
Employment: What Sealing Means for Job Seekers
Disclosure on Job Applications
In many cases, Virginia law allows individuals with sealed records to legally answer “no” when asked whether they have been arrested, charged, or convicted of a crime. Employers are often prohibited from asking about sealed records during the hiring process.
When Disclosure May Still Be Required
Some employers are legally required to ask about criminal history, even if a record has been sealed. This may apply to jobs involving:
- Government agencies
- Schools or childcare
- Healthcare licensing
- Security clearances
- Positions regulated by federal law
If you are applying for a regulated or sensitive position, it is strongly recommended to seek legal guidance before answering criminal-history questions.
Housing: Rental Applications and Tenant Screening
Many landlords and property managers use third-party tenant screening services. Once a record is sealed:
- It should not be available through public court records
- It should not appear in most routine tenant screening reports
Errors Do Happen
Background check companies sometimes report outdated or inaccurate information. If a sealed record still appears on a rental screening:
- You may dispute the report
- The screening company may be required to investigate and correct or remove the sealed information
Keeping documentation related to your sealed record can be helpful if a dispute arises.
Professional Licensing and Government Agencies
Record sealing can improve privacy, but it does not always prevent access by licensing boards or government entities. Certain agencies may still legally review sealed records when evaluating:
- Professional licenses
- Government employment
- Regulatory compliance
Each profession has its own rules, and sealing does not guarantee approval or eligibility. Legal review is often essential before submitting applications in these contexts.
What Record Sealing Does Not Do
There are several common misunderstandings about record sealing:
- It is not the same as expungement. Expungement is a separate legal process with different eligibility rules.
- It does not restore firearm rights or civil rights. Additional legal steps may be required.
- It does not eliminate use within the criminal justice system. Sealed records may still be considered in certain legal proceedings.
Understanding these limits helps set realistic expectations.
Practical Steps After Your Record Is Sealed
If your record has been sealed, consider taking the following steps:
- Confirm which charges or cases were sealed
- Review your background check information for accuracy
- Dispute any incorrect reports that still show sealed records
- Seek legal advice before applying for regulated jobs or licenses
How Tuomey Law Firm Can Help
Virginia’s record-sealing laws are powerful, but they are also complex. Eligibility rules, waiting periods, exceptions, and future consequences all matter—especially when employment, housing, or professional licensing is at stake.
Tuomey Law Firm assists clients throughout Virginia with record sealing, expungement, and long-term planning under the new laws effective July 1, 2026. A careful legal review can help ensure your record is handled correctly and that you move forward with confidence.