Cecily Zamora
Virginia's First Offender Program, also known as Virginia 251 or VA Code § 18.2-251, allows first-time drug offenders to avoid jail time and a permanent criminal record. The program is designed to help those facing drug possession charges for the first time and offers treatment and education instead of traditional criminal penalties. Offenders are placed on probation and must meet certain terms and conditions, including substance abuse assessment and treatment, community service, and refraining from drug and alcohol use. Successful completion of the program can lead to dismissed charges, but violation of probation terms can result in a guilty judgment and full penalties under the law. While Virginia's expungement laws are limited, the Clean Slate Law, effective July 1, 2026, allows certain criminal convictions to be sealed from public view, providing a fresh start for eligible individuals.
| Characteristics | Values |
|---|---|
| Name of Law | Virginia's First Offender Program |
| Other Names | Clean Slate Law, 251 Program, VA Code § 18.2-251 (2013) |
| Effective Date | July 1, 2026 |
| Qualifying Offenders | First-time drug offenders, including felony offenses |
| Qualifying Offenses | Simple possession of a controlled substance, possession of marijuana |
| Qualifying Conditions | No previous conviction for violating any federal or state statute relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs |
| Non-Qualifying Conditions | Previous drug possession charge dismissed under a 251 disposition |
| Requirements | Plead guilty, or sufficient evidence to justify a finding of guilt |
| Terms and Conditions | Substance abuse assessment, treatment and/or education programs, drug tests, costs and fees, community service |
| Benefits | Avoid jail time, avoid a permanent criminal record, charges dismissed upon completion of terms |
| Drawbacks | May still be considered a "conviction" for immigration purposes |
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What You'll Learn
Virginia's Clean Slate Law
The law was initially scheduled to come into effect on July 1, 2025. However, the Virginia legislature extended this date to July 1, 2026, during the 2025 legislative session, with automatic sealing to begin on October 1, 2026. The delay was implemented to provide courts and the Virginia State Police with the necessary time to upgrade their computer systems.
The Clean Slate Law in Virginia is expected to have a positive impact on individuals seeking to clear their criminal records. Clean Slate Virginia, a law firm dedicated to this cause, has successfully expunged Virginia misdemeanors and felonies for over 20 years. They utilize the state's existing expungement laws and new record sealing laws to help their clients move forward with a clean slate.
It is important to note that not everyone qualifies for expungement under the Clean Slate Law. Additionally, the law does not constitute a barrier crime, and individuals must still disclose any sealed felony convictions when determining their eligibility to be empaneled as a member of a jury.
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First Offender Program
Virginia does have a First Offender Program, allowing certain first-time drug offenders to undergo treatment and education instead of facing traditional criminal penalties. This program is often referred to as the "First Offender Program", "251 Program", or "Clean Slate Law".
Eligibility
To be eligible for the program, the individual must be a first-time drug offender and charged with a "simple possession" offense. Prior drug-related convictions prevent participation in the First Offender Program.
Conditions
If eligible for the program, the court may place the individual on probation and require them to undergo a substance abuse assessment. The individual must then enter a treatment and/or education program or service that is best suited to their needs based on the substance abuse assessment. The individual must also pay all or part of the costs of the program, including screening, assessment, testing, and treatment, unless they are deemed indigent by the court.
Community Service
As a condition of probation, the individual must also complete a plan of community service, which is up to 100 hours for a felony and 24 hours for a misdemeanor.
Employment
The individual must also make reasonable efforts to secure and maintain employment.
Drug and Alcohol Testing
The individual must remain drug and alcohol-free during the period of probation and submit to drug and alcohol tests as necessary.
Successful Completion
If the individual successfully completes the First Offender Program, the charge is dismissed. However, the charge remains on the person's record and is within public view, and it cannot be expunged under Virginia Code Section 19.2-392.2.
Expungement
Although charges dismissed under the First Offender Program cannot be expunged, they can be expunged under Virginia Code Section 19.2-298.02. This allows any criminal charge to be expunged, by agreement of the Commonwealth Attorney, after the charge is dismissed.
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Expungement
Virginia's Clean Slate Law, which was passed in 2021, allows certain criminal convictions to be sealed from public view. This law will come into effect on July 1, 2026. Once sealed, these convictions will not appear on most background checks, giving individuals a chance at better jobs, housing, and a fresh start.
The new law is a significant stride towards a more rehabilitative criminal justice system. It provides individuals with the opportunity to seal certain criminal convictions, thus recognising the potential for growth and change in every individual. The new law defines sealing as prohibiting the dissemination and sharing of records kept by the Virginia State Police and the court where the person was charged. After sealing, most employers and landlords will no longer have access to these records.
Under the previous law, expungement only applied to non-convictions (acquittals and dismissed charges). However, the new law allows for the sealing of non-convictions, many misdemeanour convictions, and some felony convictions. Some records will be automatically sealed, while others will require a petition to the court.
Beginning on October 1, 2025, individuals may qualify for the automatic sealing of their misdemeanour arrest record if they are found not guilty, if the government drops the case, or if the case is dismissed. The record will be automatically expunged if the individual has never been convicted of a crime in Virginia and has not been arrested or charged in the last three years.
It is important to note that expungement or sealing of records may not be applicable in all cases, and the process can be complex. Seeking advice from a criminal defence lawyer can help individuals understand their legal rights and options for minimising the impact of their record.
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Probation
In Virginia, a person charged with a first offense may be placed on probation. Probation is a form of punishment where a defendant is not incarcerated. It is more likely to be granted for a first offense than if the defendant has multiple convictions. Probation is typically not granted for serious crimes such as murder or rape.
There are two types of probation: supervised and unsupervised. In the case of unsupervised probation, the defendant is not required to meet with a probation officer. The terms of their probation may include good behavior and compliance with laws and ordinances. However, it is easy to violate these terms, for example, by receiving a traffic ticket.
On the other hand, supervised probation involves regular meetings with a probation officer who monitors the defendant's compliance with the terms of their probation. There are two levels of supervision: low-level supervision, which requires monthly check-ins, and intensive supervision.
For those on supervised probation, the probation officer ensures compliance with the terms of probation and reports any violations to the judge. If it is the defendant's first violation, the probation officer may issue a warning. However, serious or repeated violations can lead to more severe consequences, such as an extended probation period, a short jail sentence, additional requirements like community service, or revocation of probation and a jail sentence.
In Virginia, first-time drug offenders charged with "simple possession" may be eligible for the First Offender Program or "251 Program." This program allows offenders to undergo treatment and education instead of facing traditional criminal penalties. As part of probation, the court may require substance abuse screening, assessment, treatment, and education programs. The accused must also remain drug and alcohol-free during probation and submit to testing. They must also make efforts to secure employment and complete community service hours.
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Criminal convictions
Virginia's Clean Slate Law, which takes effect on July 1, 2026, allows certain criminal convictions to be sealed from public view. Once sealed, convictions won't appear on most background checks, allowing individuals a better chance at jobs and housing.
Virginia's First Offender Program, or Code of Virginia Section 18.2-251, allows certain first-time drug offenders (including felony offenses) to undergo treatment and education instead of facing traditional criminal penalties. To be eligible for the program, the individual must be a first-time drug offender and charged with a simple possession offense.
The conditions of the First Offender Program include:
- Attending an approved substance abuse treatment and education course
- Refraining from consuming alcohol or drugs during the probationary period
- Submitting to regular alcohol and drug testing during the probationary period
- Engaging in a reasonable attempt to secure and maintain gainful employment
- Completing at least 24 hours of community service for a misdemeanor offense or 100 hours for a felony offense
If the first-time offender satisfies all of the terms above and submits to fingerprinting, the Virginia courts will dismiss the possession charges.
It's important to note that a 251 finding could still be considered a "conviction" for immigration purposes, and non-citizens should seek immigration-specific counsel prior to accepting a 251 disposition.
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Frequently asked questions
The First Offender Program, also known as Virginia 251 or VA Code § 18.2-251, allows certain first-time drug offenders to undergo treatment and education instead of facing traditional criminal penalties.
To qualify for the program, the individual must be a first-time drug offender and charged with a "simple possession" offense. They must also not have had a previous drug possession charge dismissed under a 251 Disposition.
The First Offender Program can help individuals avoid jail time and a permanent criminal record. Once an individual successfully completes the program, the court can dismiss the charge.
The requirements of the program include attending an approved substance abuse treatment and education course, refraining from consuming alcohol or drugs during the probationary period, submitting to regular alcohol and drug testing, engaging in gainful employment, and completing community service hours.
If an individual violates the terms of the program, Virginia courts are authorized to enter a guilty judgment and the offender will face the full penalties under the law, which may include an extended prison sentence and substantial criminal fines.
