State of Virginia criminal search is obtained from statewide Circuit & General District Courts* in real-time. This is not a Virginia State Police criminal history report as the requesting agency must be a Virginia based company, and enter into an agreement with State Police.
- Felonies and misdemeanors court cases are updated daily
- Turnaround time is 24 hours or less
- Price $20.00
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Employment Screening Laws in Virginia
The State of Virginia employs the recommended rules and regulations standard policies of the hiring guidelines established by the Fair Credit Report Act (FCRA).
- Background check consent must be completed and signed in a separate stand-alone form separate from employment application as per FCRA. Must be clear and conspicuous to their knowledge
- Establish an HR policy when conducting employment background checks for each job position. For example, what past criminal offenses are to be considered in relation to the job position
If derogatory records are found:
- If doing a nationwide criminal database search, verify that any database records found are updated and accurate at originating source (i.e, County Criminal Court and/or Real-Time State Criminal search
- Send FCRA Pre Adverse Action Letter. Wait at least five days to allow the applicant to dispute any discrepancies before taking any further action
- If by then, a decision has been made to not to hire the applicant based on the applicant’s response and further investigation of records found — a job declination FCRA adverse action letter must be sent
Virginia Executive Order 41 (2015) which applies to State employment jobs
Executive Order 41, orders the removal of questions relating to criminal history from applications for state employment. State employment decisions may not be based on the criminal history of an applicant unless demonstrably job-related and consistent with business necessity.
Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed “otherwise eligible” and is being considered for a specific position.
Local government jobs in Alexandria, Arlington County, Blacksburg, Charlottesville, Danville, Fairfax County, Frederiksberg, Harrisonburg, and Henry County must follow Ban the Box policies.
No counties have yet approved Ban-the-Box for private employers.
Employers in Virginia are legally permitted to ask candidates about arrest histories. If a candidate has been arrested before, the employer has the right to weigh that information as part of the hiring process.
Remember that an employer must always consider EEOC guidance when making a hiring decision. The Equal Employment Opportunity Commission (EEOC) calls for companies to conduct an Individualized Assessment based on the nature of the offense and how it relates to the job position prior to automatically disqualifying an employment applicant based on their past criminal records history.
When determining whether a criminal offense would disqualify a potential employment candidate, employers must give consideration to:
- The nature and gravity of the criminal offense
- How much time has passed since the offense or sentence
- The nature of the job (including where it is performed, how much supervision and interaction with others the employee will have, etc.)
The EEOC has stated that employers ought to give job seekers with a criminal record the opportunity to explain the circumstances and provide mitigating information showing that the employee should not be excluded based on the nature of the offense.
Disclaimer: All resources in this informational article are intended for basic informative purposes and to serve as initial guidance. It is strongly recommended to always check with your legal counsel before proceeding as new laws may emerge from federal and local municipalities after the date of this article.
Virginia Judiciary Statewide Criminal History Report
Criminal Records Found
General District & Circuit Courts
Fredericksburg General District Court
Case #: GC17010123-00
Defendant: DOE, JOHN
Address: 1145 NO MAPLE DRV STAFFORD VA 22403
Defendant Status: RELEASED ON RECOGNIZANCE
Filed Date: 05/28/2017
Locality: COMMONWEALTH OF VA
Code Section: 18.2-250.1
Charge: POSS MARIJUANA 2ND OFF
Case Type: MISDEMEANOR
Class: CLASS 1
Offense Date: 05/26/2017
Arrest Date: 05/26/2017
Amended Code Section:
Amended Case Type:
Date Time Result Type Courtroom Plea Continuance
04/18/2017 09:30 AM FINAL ADJUDICATORY
02/28/2017 08:29 AM CONTINUED ARRAIGNMENT OTHER
Sentence Time: 60 Day(s)
Sentence Suspended: 60 Day(s)
Probation Type: UNSUPERVISED PROBATION
Probation Time: 3 Year(s)
Operator License Suspension Time: 6 Month(s)
Restriction Effective Date:
Operator License Restrictions:
Fine/Costs Due: 07/18/2017
Fine/Costs Paid: 0.00
Fine/Costs Paid Date: Sent for Collection
*Alexandria Circuit Court case information is not available in this report. Cases returned are from General District court.
*Fairfax Circuit Court case information is not available in this report. Cases returned are from General District court.