Clean Slate Virginia

Beginning in July 2021, Virginia introduced a transformative legal option for handling criminal cases, known as “Deferred Disposition.” This provision, codified under Virginia Code Section 19.2-298.02, offers a unique pathway for both prosecution and defense to work towards a case dismissal or a reduced charge without a formal conviction, provided there is mutual agreement. This development not only enhances the legal toolkit available to attorneys but also serves as a significant step toward aligning Virginia’s judicial processes with those of other states, emphasizing rehabilitation over punishment for certain offenses. One of the most important provisions of the Deferred Disposition statute is the ability to have a charge expunged after it is dismissed. Read more here: https://lnkd.in/eNCdC9Rt

Ensuring Your Conviction Has Been Sealed: A Guide to Virginia's New Record Sealing Law Virginia's new record sealing law, effective July 1, 2025, is a landmark change in how criminal convictions are handled, providing Virginians with a chance to move forward without the shadow of past mistakes. But, once your criminal conviction is sealed, how will you know if your record check will come back clean when you apply for a job? Virginia Code Section 19.2-392.15 provides that 1) business screening services must register with the Virginia State Police 2) business screening services must provide your record verifying your criminal conviction has been sealed free of charge and 3) allow you to dispute a conviction that is not sealed. Read more here: https://lnkd.in/eAJJq3C5

The Fair Credit Reporting Act (FCRA) prohibits reporting of non-convictions seven years after the dismissal of criminal charges. Unfortunately, too many people believe that this restriction applies to convictions. It doesn’t! In Virginia, a criminal conviction can be reported on your criminal background check for the remainder of your life. To be clear, a charge that was dismissed can be reported on your background check for seven years unless you use Virginia’s expungement laws to have it removed. New Virginia record sealing laws finally allow qualifying criminal convictions for eligible people to be sealed. Exploring the Regulatory Framework With background checks, the seven-year limit holds significant importance. Understanding its implications requires considering the regulatory framework governing background screening processes. The FCRA in the United States is a cornerstone legislation dictating the permissible scope of background checks conducted by employers and other entities. Virginia law permits background checks for various purposes, including employment, housing, and licensing. However, employers must adhere to specific guidelines outlined in the Fair Credit Reporting Act (FCRA) and the Virginia Consumer Reporting Act (VCRA). These statutes mandate obtaining the candidate’s consent before initiating a background check and providing them with a copy of the report if adverse action is taken based on its findings. FCRA Compliance and Limitations Under FCRA guidelines, certain types of information cannot be reported beyond a seven-year period. This limitation applies to non-conviction records, including arrests, civil suits, and paid tax liens, among others. However, it’s crucial to note that there are exceptions to this rule, primarily concerning positions with an annual salary exceeding $75,000. Exemptions and Variations While the seven-year limit is a standard guideline, there are state-specific variations and exemptions that demand attention. Implications for Employers For employers, adherence to FCRA guidelines is paramount to avoid legal repercussions. Failing to comply with the seven-year limit can lead to lawsuits and damage to reputation. Employers must also consider the relevance of information beyond the seven-year mark and its potential impact on hiring decisions. Balancing Legality and Thoroughness Navigating the intricacies of background checks requires a delicate balance between legality and thoroughness. While FCRA sets clear boundaries, employers must also ensure they gather pertinent information necessary for making informed hiring decisions. Conclusion In essence, the seven-year limit on background checks serves as a crucial regulatory safeguard, protecting individuals’ rights and promoting fair hiring practices. Understanding its nuances is imperative for employers and entities involved in screening processes to ensure compliance and foster trust within the workforce.

Understanding who qualifies for expungement under Virginia Code Section 19.2-392.2 is crucial for individuals seeking to clear their criminal records and embrace new opportunities. First and foremost, Virginia expungement is only available for charges that are dismissed. Virginia expungement requires a petition filed in the Circuit Court when the charge was dismissed. Read more here: https://lnkd.in/eUdNY-c3

The Truth about the Seven-year limit for background checks The Fair Credit Reporting Act (FCRA) prohibits reporting of non-convictions seven years after the dismissal of criminal charges. Unfortunately, too many people believe that this restriction applies to convictions. It doesn’t! In Virginia, a criminal conviction can be reported on your criminal background check for the remainder of your life. To be clear, a charge that was dismissed can be reported on your background check for seven years unless you use Virginia’s expungement laws to have it removed. New Virginia record sealing laws finally allow qualifying criminal convictions for eligible people to be sealed. Exploring the Regulatory Framework With background checks, the seven-year limit holds significant importance. Understanding its implications requires considering the regulatory framework governing background screening processes. The FCRA in the United States is a cornerstone legislation dictating the permissible scope of background checks conducted by employers and other entities. Virginia law permits background checks for various purposes, including employment, housing, and licensing. However, employers must adhere to specific guidelines outlined in the Fair Credit Reporting Act (FCRA) and the Virginia Consumer Reporting Act (VCRA). These statutes mandate obtaining the candidate’s consent before initiating a background check and providing them with a copy of the report if adverse action is taken based on its findings. FCRA Compliance and Limitations Under FCRA guidelines, certain types of information cannot be reported beyond a seven-year period. This limitation applies to non-conviction records, including arrests, civil suits, and paid tax liens, among others. However, it’s crucial to note that there are exceptions to this rule, primarily concerning positions with an annual salary exceeding $75,000. Implications for Employers For employers, adherence to FCRA guidelines is paramount to avoid legal repercussions. Failing to comply with the seven-year limit can lead to lawsuits and damage to reputation. Employers must also consider the relevance of information beyond the seven-year mark and its potential impact on hiring decisions. Conclusion In essence, the seven-year limit on background checks serves as a crucial regulatory safeguard, protecting individuals’ rights and promoting fair hiring practices. Understanding its nuances is imperative for employers and entities involved in screening processes to ensure compliance and foster trust within the workforce. By adhering to legal guidelines and exercising prudence, organizations can navigate the complexities of background checks responsibly and ethically.

In Virginia, you qualify for expungement under Virginia Code Section 19.2-392.2 if you were found not guilty or the Commonwealth Attorney chose not to prosecute the case. Under Virginia Code Section 19.2-392.2, Virginia charges can only be expunged if they resulted in a “non-conviction.”  Such charges can be expunged by petition to the Circuit Court where the charge was brought. A comprehensive list of Virginia criminal charges that can be expunged follows: Under section 19.2-392.2. of the Virginia code, individuals may seek to have police and court records expunged in the following circumstances: ·       When someone has been acquitted by a judge or jury (after pleading “not guilty”). ·       When someone charged with contempt of court in a civil action is determined not to not be guilty. ·       When the prosecutor chooses not to prosecute a charge and a nolle prosse is entered. ·       When a charge is “otherwise dismissed.” This can include a resolution of a criminal charge by “accord and satisfaction.” ·       When someone is the victim of identity theft and there are criminal charges in their name that they were not properly charged with. ·       one’s name and embracing a brighter future. While the process can be complex, it offers a valuable opportunity for eligible individuals to leave their past legal troubles behind and start anew. If you believe you qualify for expungement, consulting with a legal professional can provide clarity and guidance on how to navigate this process successfully. ·        ·       Remember, everyone deserves a second chance, and expungement in Virginia can be the key to unlocking that possibility. ·       When someone convicted of a crime receives an absolute pardon. Why Expungement Matters Achieving expungement can be life-changing. It opens doors to employment, education, housing, and other opportunities that might have been closed due to a criminal record. It’s a step towards redemption and rebuilding one’s life with dignity and hope. Conclusion Understanding who qualifies for expungement in Virginia is the first step toward clearing 

In Virginia, a class one misdemeanor is a category of criminal offenses. Virginia code section 18.2-11 authorizes punishment for a class one misdemeanor as confinement in jail for not more than twelve months and a fine not more than $2500, either or both. Class one misdemeanors are Virginia’s most serious misdemeanor offenses and carry the largest penalty for Virginia misdemeanors. Common examples of Virginia class one misdemeanors include: Assault, petit larceny, reckless driving, obstruction of justice and trespass. More about Virginia Class One Misdemeanors: Virginia has two levels of criminal offenses: felonies and misdemeanors. Misdemeanors are the lessor offenses under Virginia law.  Under appropriate circumstances, misdemeanor offenses may be taken under advisement to be dismissed. Virginia code section 19.2-298.02 allows misdemeanor charges that would otherwise be a conviction to be taken under advisement to be dismissed. Ordinarily, the defendant is required to complete community service or some type of program as ordered by the judge to be dismissed. Virginia Code Section 19.2-298.02 also allows the charge to be expunged, after it has been dismissed, by agreement of the Commonwealth attorney. Of note, this statute is very commonly used to have charges dismissed, but as rarely used to then allow the charge to be expunged. If you are charged with an offense that can be taken under advisement, you should advocate for expungement after dismissal. Generally, although not always, misdemeanor offense sentences are served in local jails and the offender only has to serve half of the judge’s sentence. So, for example, if an active jail sentence is one month of misdemeanor time, the offender will only serve 15 days in a local jail. Misdemeanor sentences can generally be served in a variety of ways, depending on the jurisdiction. Many jurisdictions allow weekend time, at the discretion of the sheriff. Many jurisdictions also allow some form of community service through the local jail. Generally, the more urban jurisdictions have more options for service of sentences and rural jurisdictions have fewer options. To learn more, contact www.cleanslatevirginia.com. 

Navigating the Pardon Process Securing a pardon is far from a straightforward endeavor. It entails a meticulous and rigorous process in Virginia. However, we can outline the general steps inherent in the pardon process: Assessing Eligibility Before embarking on the journey to obtain a pardon, individuals must first ascertain their eligibility. Eligibility criteria often encompass the completion of the imposed sentence, probation or parole fulfillment, and a designated waiting period. Additionally, the gravity of the committed crime may significantly influence eligibility determinations. Virginia qualifications for a pardon can be found on the Secretary of the Commonwealth’s website: https://lnkd.in/e67zY-J3 The Formal Application Submission Once eligibility status is confirmed, the next crucial step is the submission of a formal pardon application to the pertinent governing authority. This application necessitates the provision of personal information, comprehensive details pertaining to the conviction, a heartfelt statement of remorse, and the submission of supporting documents. The Virginia pardon application can be found on the Secretary of the Commonwealth’s website: https://lnkd.in/e67zY-J3 Rigorous Review and Investigation Upon receipt of the pardon application, the Governor initiates a thorough review and investigation process. This involves the meticulous collection of information from various sources, including law enforcement agencies, court records, and statements from both the applicant and the victims of the crime. Deliberating the Recommendation Based on the findings resulting from the comprehensive investigation, a recommendation is meticulously crafted, proposing either the granting or denial of the pardon. In making their determination, they often take into account factors such as the applicant's conduct post-conviction, their contributions to society, and the potential impact that a granted pardon would have on their life. The Virginia Governor has the sole discretion to grant a pardon and it cannot be appealed; however, if dined, you can reapply after three years. Is a pardon the same as expungement? No. A pardon does not remove the crime from your record. In fact, if you have been granted a pardon or are currently seeking a pardon, Virginia’s new record sealing laws under Virginia Code Section 19.2-292-12 (when effective in 2025) are an appropriate remedy for you. While a pardon is of some value, the new Virginia record sealing laws may well be more impactful since they hide the conviction from public view. Conclusion In summary, the institution of pardons constitutes an indispensable facet of the judicial system. It offers individuals a second chance at leading productive lives while acknowledging their capacity for transformation.

In Virginia, you qualify for expungement under Virginia Code Section 19.2-392.2 if you were found not guilty or the Commonwealth Attorney chose not to prosecute the case. Under Virginia Code Section 19.2-392.2, Virginia charges can only be expunged if they resulted in a “non-conviction.”  Such charges can be expunged by petition to the Circuit Court where the charge was brought. A comprehensive list of Virginia criminal charges that can be expunged follows: Under section 19.2-392.2. of the Virginia code, individuals may seek to have police and court records expunged in the following circumstances: ·       When someone has been acquitted by a judge or jury (after pleading “not guilty”). ·       When someone charged with contempt of court in a civil action is determined not to not be guilty. ·       When the prosecutor chooses not to prosecute a charge and a nolle prosse is entered. ·       When a charge is “otherwise dismissed.” This can include a resolution of a criminal charge by “accord and satisfaction.” ·       When someone is the victim of identity theft and there are criminal charges in their name that they were not properly charged with. ·       When someone convicted of a crime receives an absolute pardon. Why Expungement Matters Achieving expungement can be life-changing. It opens doors to employment, education, housing, and other opportunities that might have been closed due to a criminal record. It’s a step towards redemption and rebuilding one’s life with dignity and hope. Conclusion Understanding who qualifies for expungement in Virginia is the first step toward clearing one’s name and embracing a brighter future. While the process can be complex, it offers a valuable opportunity for eligible individuals to leave their past legal troubles behind and start anew. If you believe you qualify for expungement, consulting with a legal professional can provide clarity and guidance on how to navigate this process successfully. Remember, everyone deserves a second chance, and expungement in Virginia can be the key to unlocking that possibility. Contact https://lnkd.in/ePs9EVxK to learn more!

Virginia 2025 “expungement” law update: A landmark moment is approaching for Virginians. As we look towards July 1, 2025, the legal landscape in Virginia is set to undergo a significant transformation. The Virginia Crime Commission, Virginia State Police, and the Office of the Executive Secretary have confirmed that the new record sealing law, often misunderstood as an expungement law, is on track for implementation. Their report can be viewed here: https://lnkd.in/d2wFw3cw This marks a crucial step towards justice reform and offers renewed hope for many! Understanding Record Sealing: Unlike expungement, which is only available for “non-convictions,” record sealing means that the CONVICTION record is hidden from public view. Under this new law, sealed records will NOT be accessible through standard background checks, thus reducing barriers faced by individuals with past offenses. It's a move towards offering individuals a second chance. Details of the New Law: This record sealing law introduces more inclusive criteria, allowing a wide range of offenses to be sealed from public records. The efforts of the Virginia Crime Commission, alongside the Virginia State Police and the Office of the Executive Secretary, ensure that this law will be implemented effectively, timely while balancing public safety concerns with personal rehabilitation. Impact on Virginians: The implementation of this law is a positive stride for thousands in Virginia. Sealing criminal records can open up new opportunities in employment, housing, and education, previously hindered by past offenses. This development is not just beneficial for the individuals directly affected, but also for the community as a whole, fostering a more inclusive and supportive environment. Preparing for the Law: If you believe you or someone you know might be eligible under the new record sealing law, it's important to start preparing now. Collect necessary documents, and consider seeking legal advice for a better understanding of the process. Contact www.cleanslatevirginia.com today to better understand the new law. Clean Slate Virginia will take the time to speak with you about your individual situation and guide you through the entire record sealing process. Conclusion: Virginia's new record sealing law represents a significant shift towards a more understanding justice system. As we move closer to July 1, 2025, let us prepare to embrace this change, which promises to bring new possibilities for many Virginians. The record sealing law is a testament to Virginia’s commitment to reform and justice. Stay tuned for more updates as we approach this new chapter in Virginia's legal history.