Virginia Employment Screening Laws for 2025: A Comprehensive Guide

Understand Virginia’s latest regulations on background checks, criminal history restrictions, and hiring compliance for employers.
Navigating employment screening laws in Virginia can feel like a maze for employers. With federal and state regulations overlapping, it’s crucial to stay compliant while making informed hiring decisions.

In 2025, Virginia’s laws, particularly the Clean Slate Law, bring significant changes to how employers handle criminal background checks.

Let’s break it down. Employment screening in Virginia must align with the federal Fair Credit Reporting Act (FCRA) and guidance from the Equal Employment Opportunity Commission (EEOC). Additionally, state-specific rules, like those outlined in the Virginia Code, shape how employers can use criminal records. Staying updated ensures you avoid costly lawsuits and foster fair hiring practices.

How Far Back Can Employers Look for Criminal Offenses?

In Virginia, there’s no state law limiting how far back employers can check criminal records for convictions. Unlike some states with a seven-year cap, Virginia allows employers to review an applicant’s entire criminal history, depending on the job’s nature and company policy. However, the FCRA restricts reporting non-conviction arrests older than seven years for jobs paying less than $75,000 annually.

For example, felony and misdemeanor convictions can appear on a background check indefinitely, unless sealed under Virginia’s new laws. This flexibility gives employers leeway but also demands caution to avoid discriminatory practices, as emphasized by the EEOC.

Non‑convictions: 7‑year FCRA limit.
Convictions: No time limit—reportable unless sealed/expunged.
Sealed records: Employers cannot inquire or consider them.

Virginia’s Clean Slate Law: A Game-Changer for 2026

Starting July 1, 2026, Virginia’s Clean Slate Law will allow certain criminal convictions to be sealed from public view. Once sealed, these records won’t appear on most employment background checks, offering applicants a fresh start. This law, revised in 2025, applies to offenses committed on or after January 1, 1986, and includes provisions for sealing related procedural convictions, like probation violations.

Why does this matter? Employers must ensure their screening processes adapt to these changes. Relying on outdated records or failing to verify sealed statuses could lead to legal trouble. Partnering with a reputable consumer reporting agency (CRA) can help you stay compliant.

Virginia’s “ban the box” law (Code of Virginia § 19.2-389.3)

Prohibits most employers from asking about criminal history on initial job applications. Employers with more than 5 employees must delay criminal history inquiries until after making a conditional job offer.

FCRA Compliance: Key Steps for Employers

The FCRA sets strict rules for conducting background checks. First, employers must obtain written consent from applicants before running a check. If you decide not to hire based on the report, you must provide the applicant with a copy of the report and a summary of their rights under the FCRA. These steps are non-negotiable to avoid litigation.

Moreover, the FCRA limits reporting certain information, like non-conviction arrests older than seven years, for lower-paying roles. Violating these rules can lead to lawsuits, as seen in cases where employers failed to follow proper adverse action procedures.Virginia employers must comply with the federal Fair Credit Reporting Act (FCRA) when using third-party background checks. This requires:

• Clear written disclosure before obtaining report
• Separate authorization from applicant. In other words, a separate sheet of paper dedicated only to authorization, not to be in same paper as application. If electronic form, then it must be on next page after”continue”
• Pre-adverse action notice if considering denial
• Final adverse action notice after decision
• Providing copy of report and “Summary of Rights”

Virginia law now requires employers to provide applicants with a copy of their criminal history report if used in an adverse decision, going beyond FCRA requirements.

EEOC Guidance: Avoiding Discrimination in Screening

The EEOC emphasizes fair treatment in hiring. Employers must avoid policies that disproportionately exclude protected groups, such as those based on race or national origin, unless the policy is job-related and necessary. For instance, blanket bans on hiring anyone with a criminal record are risky and often unlawful.

Instead, the EEOC recommends individualized assessments. Consider the offense’s nature, how long ago it occurred, and its relevance to the job. This approach minimizes discrimination and aligns with federal guidelines.

• Nature and gravity of offense
• Time elapsed since offense
• Job relevance
• Evidence of rehabilitation

Special Rules for Marijuana Convictions

Virginia has specific protections for marijuana-related offenses. Employers cannot ask about arrests or convictions for simple possession of marijuana, except for sensitive roles like law enforcement. Sealed cannabis records are off-limits, and using them in hiring decisions could violate state law.

Barrier Crimes and Sensitive Positions

For jobs involving vulnerable populations, like childcare or eldercare, Virginia’s barrier crime laws apply. Offenses like murder, sexual assault, or drug trafficking disqualify candidates from these roles. Employers must verify compliance through fingerprint-based checks via the Virginia State Police.