A Virginia law going into effect Wednesday seals the criminal records of many convicted of low-level offenses.

The Clean Slate Law allows for the automatic sealing of certain offenses, including traffic infractions and misdemeanor convictions like shoplifting, trespassing, distribution of marijuana and disorderly conduct. Eligible misdemeanor convictions will be automatically sealed after seven years if the person has not been convicted of any other crime in Virginia, any other state, the District of Columbia or a United States territory during that time.

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The law also allows for petition processes to seal certain convictions or deferred dismissals.

Sex crimes, violent felonies and protective order violations are among the instances not eligible for petition sealing. The petitioner must not have been convicted of any other felony within the past 10 years in order for a circuit court to grant a petition.

Under the law, there are exceptions where sealed records may be disseminated and used, including for background checks for firearm purposes and employment screenings for law enforcement and emergency medical services agencies.

The United States Supreme Court issued its long-awaited opinion in West Virginia v. B.P.J. and Little v. Hecox on Tuesday, ruling that states may exclude transgender athletes from competing on women’s and girls’ sports teams. 

The justices were unanimous in their analysis that the laws do not violate civil rights laws. However, the court was split on whether West Virginia’s law stood up to constitutional muster. 

The ruling concludes this chapter in the ongoing cultural debate. The Save Women’s Sports Act was overwhelmingly approved by the legislature and signed by then-Gov. Jim Justice in 2021, and was almost immediately challenged in court. The legal battle trudged on for the next five years on its way to becoming a landmark U.S. Supreme Court decision. 

Tuesday’s ruling settled the legal debate, but the court of public opinion weighed in on the issues long before the justice issued their legal opinions. According to Pew Research, 66 percent of U.S. adults support laws requiring athletes to compete on teams that match their biological sex. A Gallup poll found similar results, with 69 percent of adults supporting such laws. 

West Virginia is not alone in passing a law to protect women’s and girls’ sports. Twenty-six other states have recognized the basic fact that there are differences between males and females and have chosen to pass legislation acknowledging those distinctions in athletic competition. 

Lawmakers, who campaigned on protecting women’s and girls’ sports, can now tell constituents that they have fulfilled their campaign promise. The Save Women’s Sports Act is now the law of the land in West Virginia.

“I would say that for the foreseeable future, we have a very certain future for women’s sports. And here in West Virginia, we know what the rules are, we know what the law is, we know that it’s constitutional,” said West Virginia Attorney General J.B. McCuskey on Talkline.

Tuesday’s ruling also presents an opportunity for legislators to move on from the issue. Discussions surrounding the topic during the legislative session have been known to grind momentum to a halt, and Republicans running for office over the last five years have made it a centerpiece of their campaigns. 

The issue is now settled, at least for now.

As J.B McCuskey cautioned, 

“In the world of constitutional litigation, Dave, there’s never an end to any chapter.”