KEY TAKEAWAYS:
A sealed record in Virginia generally should not appear in ordinary commercial background checks or be open to public inspection—but "generally" is doing real work in that sentence. Firearm purchases, certain government and law enforcement employment screenings, and federally mandated checks can still surface a sealed record. Understanding exactly where the gaps are—and how they may affect your situation—is essential before assuming a sealed record has fully closed the door on your past.
One of the most practical reasons people pursue Virginia record sealing is to stop an old arrest or conviction from haunting every job application, housing inquiry, or loan approval. Sealing a criminal record in Virginia removes it from public view—but it does not erase it, and it does not cut off every possible avenue of access. Our experienced Virginia record sealing lawyers can help you seal eligible criminal records and explain where the law carves out exceptions.
The General Rule: Sealed Records Should Not Appear in Most Background Checks
Virginia's 2026 Clean Slate law significantly expands who qualifies for criminal record sealing. Under Virginia Code § 19.2-392.5 through 392.17, a sealed record is restricted from public access. Private employers, landlords, educational institutions, and commercial background-check companies are generally not permitted to access sealed records and should not see them in their screening results.
That is the purpose of the process—to give eligible individuals a meaningful opportunity to move forward without a past arrest or conviction creating unnecessary barriers. For many people, sealing a record can improve access to employment, housing, education, and other opportunities that might otherwise be difficult to obtain, helping them build a more secure future for themselves and their families.
Important Exceptions: When a Sealed Virginia Record Can Still Be Seen
While a sealed record in Virginia generally should not be open to public inspection or appear in ordinary background checks, “sealed” does not mean erased. Under Virginia Code § 19.2-392.13(C), sealed records may still be disclosed or used for 28 specific statutory purposes. These include:
- Firearm background checks
- Certain law enforcement and government screenings
- Security clearances
- Federally-regulated industry purposes
- Subsequent criminal proceedings
How Our Attorneys Can Help
The skilled record sealing lawyers at The Wilson Law Firm regularly assist clients in assessing whether sealing is the right move—and in understanding what a sealed record will and will not protect in their specific circumstances. Whether you are working through the expungement and sealing process for the first time or trying to understand what a prior sealing actually covers, our lawyers can walk through your record, explain your exposure, and help you pursue the strongest possible position.