By Peter Breslin, MD, FAPA
Verity Addiction
The ideal recovery model understands relapse, struggle, and growth as part of the healing process. People recovering from substance use disorders should be allowed to participate fully in their communities, including in roles that directly help others who are still struggling. Preventing someone from working in a field where their experience is both relevant and invaluable is a loss for all of us, especially for those still seeking recovery.
The purpose of recovery is not just to heal; it is to rebuild one’s life and contribute positively to society. Yet in Virginia, individuals with past convictions often find that their recovery journey is met with barriers that prevent them from fully participating in the workforce. This is particularly true for those hoping to become peer recovery specialists—individuals who use their lived experience to counsel and support others in their path to sobriety.
Virginia’s “barrier crime” laws are at the center of this problem. These laws prohibit people with certain criminal convictions from working in direct care positions with the Department of Behavioral Health and Developmental Services (DBHDS), Department of Corrections (DOC), licensed private providers, and Community Services Boards (CSBs). They were created to protect the public from potential harm, but over time, they have grown into a sweeping system that excludes many capable and rehabilitated individuals from contributing to the very system that could benefit most from their expertise.
Virginia currently lists 174 criminal offenses as barrier crimes, yet only 23 are eligible for screening. This means that for 151 offenses, there is no opportunity for individual review, regardless of how much time has passed, how minor the offense was, or how much evidence there is of rehabilitation. Even when screening is available, the process can be lengthy and burdensome. Applicants must complete waiting periods, pay all fines and restitution, and finish probation or parole before they can even begin the process. For many, a single missed payment or technical violation resets the clock entirely.
This approach is both outdated and counterproductive. People in recovery often have the greatest insight into addiction and mental health treatment. Their experiences make them uniquely qualified to work in peer recovery, jail-based reentry programs, and community behavioral health roles. Denying them this opportunity does not make Virginia safer. It makes the recovery system weaker.
Reducing the number of barrier crimes and expanding screening eligibility would strengthen our behavioral health workforce at a time when Virginia desperately needs it. Peer specialists and other professionals with lived experience are in short supply across the state. Allowing qualified individuals to work would help fill critical vacancies, improve recovery outcomes, and reduce the likelihood of relapse or reincarceration. Employment itself is a vital component of long-term recovery.
Recent litigation has already questioned the constitutionality of Virginia’s barrier crime scheme, arguing that it violates equal protection under the Fourteenth Amendment. Lawmakers have taken small but meaningful steps with legislation such as SB 626 and HB 1269, but much more remains to be done. As recently as October 2025, a federal judge ruled that Virginia couldn’t bar a qualified substance-abuse counselor (Melissa Brown) from helping people suffering from addiction.
Virginia has an opportunity to lead with compassion and common sense. Reforming barrier crime laws would not only restore fairness to those rebuilding their lives, but it would also strengthen the state’s behavioral health system and workforce. Recovery should be about second chances, not permanent punishment.
