NEWS / VA Governor delays implementation of criminal record sealing law

Virginia Governor Glenn Youngkin has requested the state’s General Assembly to delay the implementation of a controversial law that would seal the criminal records of certain individuals that paid off their restitution and did not re-offend.

The law was originally set to take effect on July 1, but lawmakers amended the language to delay its implementation to January 1, 2026. The governor did not sign or veto the amended law, proposing instead to punt it off by another six months to July 1, 2026, by which time Youngkin’s term as Virginia governor would end. One justification for the delay is that the State Police needs more time to get its software system in order.

Youngkin also added two violations ineligible to be sealed: assault and battery on a law enforcement officer and financial exploitation of vulnerable adults. These crimes would be added on top of a number of others, including hate crimes, assault and battery of a family member, and sex crimes, that cannot be sealed.

The amended law now heads back to the General Assembly for consideration. It must pass both the 100-member House of Delegates and the 40-member Senate in order to take effect. While Youngkin is a Republican, Democrats hold a slight majority in both houses of the Virginia General Assembly.

“The state police have been consistently asking for more time,” State Senate Majority Leader Scott Surovell was quoted by The Virginian Pilot as stating. “And I’ve been consistently asking them questions to justify it, because there’s tens of thousands of people that needed this relief yesterday in order to go get better jobs.”

If you need to apply for a federal or state-level background check or need to get it apostilled or authenticated for use abroad, you may wish to check out our website, e-mail or call us (212) 233-7061.