A Victory for Fairness: A Step Forward on Virginia’s Barrier Crimes Restrictions

October 8, 2025
Earlier this month, a federal judge ruled that Virginia couldn’t bar a qualified substance-abuse counselor from helping people suffering from addiction. Melissa Brown was barred from working with patients under the state’s “barrier crime” law. The law bans people with convictions for any of 176 “barrier crimes” from being employed in a “direct care” position, which includes both substance abuse counselors and their direct supervisors.
 
Melissa Brown, the plaintiff in the case, is represented in the lawsuit by the Institute for Justice (IJ). After the ruling, she can undergo a “screening assessment” and then work with patients.
View the full write-ups by the Institute of Justice and access the full court opinion, and read the VAAP Position Papers:

Article: Victory! Federal Court Says Virginia Can’t Stop Counselor from Helping Patients

Article: Virginia Fresh Start II - Virginia Woman Challenges Permanent Punishment Preventing Her from Working as a Substance Abuse Counselor

Court Document Filed 9/30/25

VAAP Position Statement - Barrier Crimes

VAAP Position Statement - Recovery Capital

You can join the fight against unjust barrier crimes by becoming a VAAP member and joining VAAP’s Advocacy Team!
 
ADVOCACY MATTERS

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