Beginning July 1, 2026, for the first time in Virginia’s history, individuals with eligible misdemeanor or low-level felony convictions may petition to have those records sealed. Once sealed, the records will no longer appear in standard background checks, including those conducted for employment, housing, or educational purposes.

Beginning July 2026:

• Most employers, landlords, and academic institutions will be prohibited from requesting information about sealed records or obtaining them from the courts.
• Individuals will not be required to disclose sealed convictions under Virginia law.

Sealing Process and Eligibility

To petition for record sealing, individuals must meet strict eligibility requirements:

• No convictions for Class 1 or 2 felonies or life-sentence eligible offenses.
• No Class 3 or 4 felony convictions within the past 20 years.
• No felony convictions of any kind within the past 10 years.

In addition to the petition-based process, some records will be sealed automatically:

• Misdemeanors such as larceny, certain trespassing offenses, and disorderly conduct.
• All marijuana possession records.
• Traffic infractions after 11 years.

Impact on Credit Unions
Sealing a criminal record, as defined by Virginia law, does not prohibit a credit union from inquiring about prior criminal charges or convictions, as this is a requirement under Section 205(d) of the Federal Credit Union Act.  This law also does not automatically grant permission for an individual to participate in the affairs of a credit union if the conviction would otherwise be prohibited by federal law, including the Federal Credit Union Act. An individual with a covered offense would need to seek written consent from the NCUA.