Virginia Background Check Laws for Employers (2026)
Virginia sets few statewide limits on private employers, yet the rules it does have carry criminal penalties. Moreover, the Commonwealth’s Clean Slate record sealing law took effect on July 1, 2026, and it changes what you may ask.
This guide explains each Virginia statute, its administering agency, and how BCS Background Screening LLC keeps your hiring compliant.
Virginia Background Check Laws at a Glance
Virginia has no state version of the federal Fair Credit Reporting Act. Instead, private employers follow the federal FCRA plus a handful of targeted Virginia statutes.
The table below maps each law to its purpose and the body that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Virginia equivalent) | Requires a disclosure, written authorization, and adverse action notices for third-party reports. | Federal Trade Commission and Consumer Financial Protection Bureau |
| State criminal records | Va. Code § 19.2-389(H) | Lets employers obtain Virginia conviction data with the applicant’s written consent. | Virginia State Police, Central Criminal Records Exchange |
| Fair chance / ban the box | Va. Code §§ 2.2-2812.1 and 15.2-1505.3 (public employers only) | Removes criminal history questions from initial state and local government applications. | Department of Human Resource Management; each locality |
| Sealed records | Va. Code § 19.2-392.15 (Clean Slate, July 1, 2026) | Bars employers from requiring disclosure of sealed arrests, charges, or convictions. | Commonwealth’s Attorneys (Class 1 misdemeanor) |
| Expunged records | Va. Code § 19.2-392.4 | Bars employers from requiring disclosure of expunged records. | Commonwealth’s Attorneys (Class 1 misdemeanor) |
| Screening firm duties | Va. Code § 19.2-392.16 | Requires screening firms to register for sealing notices and delete sealed records. | Virginia State Police |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | Va. Code § 40.1-28.7:12 (July 1, 2026) | Bans salary history questions and requires pay ranges in every job posting. | Office of the Attorney General |
| Drug and marijuana testing | Va. Code § 40.1-27.4 | Protects employees’ lawful use of medical cannabis oil; pre-employment THC testing stays allowed. | Virginia courts (private civil claims) |
| Application questions | Title VII, ADEA, ADA, INA (federal) | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC and U.S. Department of Justice |
| E-Verify | Va. Code §§ 40.1-11.2 and 2.2-4308.2 | Requires E-Verify for state agencies and larger state contractors; voluntary for other private employers. | Virginia agencies; USCIS |
| Social media | Va. Code § 40.1-28.7:5 | Bars employers from demanding an applicant’s social media username or password. | Virginia courts (private civil claims) |
| Driving records | Va. Code § 46.2-208 | Releases a driver record to an employer only with the driver’s written consent. | Virginia Department of Motor Vehicles |
| Barrier crimes | Va. Code § 19.2-392.02 | Disqualifies certain offenders from child, elder, and disability care jobs. | Virginia State Police and state licensing agencies |
| Discrimination | Virginia Human Rights Act, Va. Code § 2.2-3900 et seq. | Bars job discrimination at employers with six or more employees. | Office of the Attorney General, Division of Human Rights |
How the FCRA Applies to Virginia Employers
Because Virginia lacks a mini-FCRA, the federal law sets the process for every third-party report. The Federal Trade Commission outlines these duties in Using Consumer Reports: What Employers Need to Know.
In short, the FCRA works as a four-step process. Meanwhile, BCS Background Screening LLC provides compliance forms that support each step.
Clear Disclosure
Give the applicant a clear, standalone written disclosure before you order the report. 15 U.S.C. § 1681b(b)(2) forbids extra terms on that form.
Written Authorization
Next, get the applicant’s written authorization, which an e-signature can satisfy.
Pre-Adverse Action
Before any final decision, send a pre-adverse action letter, a copy of the report, and the CFPB Summary of Rights.
Adverse Action Notice
After a reasonable wait, send the final notice with the agency’s contact details and dispute rights.
Virginia State Police and Court Records for Employers
The Virginia State Police runs the Central Criminal Records Exchange, the state’s criminal history repository. Under Va. Code § 19.2-389(H), an employer may request conviction data with the applicant’s written consent.
However, the Virginia State Police gives most employers conviction data only, not arrests or pending charges. Fingerprint searches also take about 15 business days to return.
By contrast, court records show pending cases, dispositions, and sentences. Also, when an adverse decision rests on any report, the FCRA requires you to give the applicant a copy before you decide.
Virginia County Criminal Court Search With Statewide Coverage
For faster results, BCS Background Screening LLC offers a Virginia county criminal court search. It covers every Virginia county and searches both Circuit and General District Courts.
The search costs $18 per county, per name. Fairfax County adds a $5 court fee.
Furthermore, under § 19.2-392.16, every business screening service must register with the Virginia State Police for sealing notices. It must then promptly delete any Virginia record that it knows a court has sealed.
As a result, a compliant screening partner removes sealed Virginia records before they reach your desk.
How Far Back Can a Virginia Background Check Go?
Virginia sets no general lookback cap of its own for private employers. However, the federal FCRA in 15 U.S.C. § 1681c and the Clean Slate sealing law shape what a report may show.
Arrests and Non-Convictions (Federal)
An agency cannot report arrests or dismissed charges older than seven years under § 1681c(a).
Criminal Convictions (Federal)
Convictions may appear regardless of age under § 1681c(a)(5), unless Virginia has sealed them.
Salary Exemption (Federal)
The seven-year limit falls away for jobs expected to pay $75,000 or more a year.
Automatic Sealing (Virginia)
Listed misdemeanor convictions seal automatically after seven conviction-free years under § 19.2-392.6.
Also, Virginia DMV employment transcripts show up to seven years of driving history.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Virginia’s Clean Slate Law and What It Means for Employers
Sealed, Expunged, and Set-Aside Records
Virginia’s Clean Slate record sealing law took effect on July 1, 2026. It lives in Chapter 23.2 of Title 19.2 of the Code of Virginia.
Under the law, some records seal automatically, while others seal only after a court grants a petition. According to the Virginia State Bar, over 730,000 people qualify for petition-based sealing on day one.
| Record Type | Statute | How It Seals | Key Limits |
|---|---|---|---|
| Misdemeanor acquittal or dismissal with prejudice | § 19.2-392.8 | Automatically at disposition | Felony non-convictions seal only on the defendant’s request with the prosecutor’s concurrence |
| Listed misdemeanor convictions | § 19.2-392.6 | Automatically after seven conviction-free years | Covers petit larceny, shoplifting, disorderly conduct, several trespass crimes, and minor marijuana distribution |
| Former marijuana possession records | § 19.2-392.6:1 | Automatically, without a court order | Covers arrests, charges, and convictions for simple possession |
| Other eligible misdemeanors and low-level felonies | § 19.2-392.12 | By petition, with no filing fee | Seven-year wait for misdemeanors and ten years for Class 5 and 6 felonies; a judge makes the final call |
Most importantly, § 19.2-392.15 bars employers from requiring disclosure of a sealed arrest, charge, or conviction. Applicants may also deny sealed matters on an application, even when you ask.
Likewise, § 19.2-392.4 bars employers from requiring disclosure of an expunged arrest, charge, or conviction. The applicant may deny an expunged record too.
If your application asks about criminal history, it must tell applicants they need not disclose sealed records. Each willful violation of either section counts as a Class 1 misdemeanor, which Commonwealth’s Attorneys prosecute.
According to Morgan Lewis, the law creates no private right of action, yet criminal exposure alone justifies an audit. Exceptions cover law-enforcement positions, national-security positions, and jobs where state or federal law requires the inquiry.
Update your application now. Add a line telling Virginia applicants they need not disclose sealed or expunged records, and ask only about open, unsealed convictions.
Arrests and Non-Convictions
Virginia places no general bar on considering arrests. However, you may not ask about arrests or charges that a court has sealed or expunged.
In addition, the federal seven-year limit applies to reported non-convictions. An arrest alone does not prove conduct, so always confirm the final disposition before you act.
Marijuana Possession Records
Before July 2026, § 19.2-389.3 separately barred employers from asking about simple marijuana possession arrests, charges, and convictions. The General Assembly repealed that section effective July 1, 2026 (2025 Acts cc. 634, 671).
Now § 19.2-392.6:1 seals those records automatically, and § 19.2-392.15 blocks the question instead. The only exceptions are law-enforcement positions and positions where state or federal law requires the inquiry.
Virginia Ban the Box Rules for Public and Private Employers
Virginia’s ban-the-box laws apply to government employers, not private businesses. Virginia also has no local fair-chance ordinances that bind private employers.
For state agencies, Va. Code § 2.2-2812.1 removes arrest, charge, and conviction questions from initial job applications. Agencies may still ask during or after a staff interview.
Similarly, § 15.2-1505.3 applies the same rule to cities, counties, and towns. Both statutes took effect in 2020.
Exempt positions include sensitive positions, law-enforcement positions, school-board positions, and jobs where federal or state law expressly permits the inquiry.
Private Employers
No Virginia timing rule covers private employers, so you may ask about convictions on an application. Virginia also requires no individualized assessment, notice, or waiting period before you act on a record.
Still, since July 1, 2026 no employer may require disclosure of sealed records, which now include former marijuana possession records. See the What Changed section for the dates.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Federal Contractors
Federal contractors face one more rule. The Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714, bars criminal history questions before a conditional job offer.
It applies to federal agencies and to contractors hiring for work on covered federal contracts.
What a Virginia Job Application May Ask
Virginia has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a Virginia application may ask.
The Virginia Human Rights Act, Va. Code § 2.2-3900 et seq., bars discrimination on the same protected grounds at employers with six or more employees. So, the four limits below apply to nearly every Virginia employer.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Virginia has no statute that limits employer credit checks. So, the FCRA disclosure, authorization, and adverse action steps alone govern employment credit reports.
Furthermore, tie credit checks to financial or fiduciary duties. That practice lowers disparate-impact risk under Title VII.
Salary History and Pay Transparency
Since July 1, 2026, Va. Code § 40.1-28.7:12 bars every employer from seeking an applicant’s wage or salary history. You may not rely on it in hiring or in setting starting pay.
You also may not retaliate against an applicant who declines to provide it or asks for the range. Every public and internal job posting must state the wage, salary, or a good-faith range.
An applicant may still volunteer wage history after an initial offer to negotiate a higher wage. Seyfarth Shaw summarizes the new law.
The Attorney General may seek civil penalties of up to $1,000 for a first violation and $5,000 for later ones. Applicants and employees may also sue within one year, although posting violations get 15 business days to cure first.
Drug and Marijuana Testing
Virginia has no general workplace drug testing statute. Employers may test applicants for THC and other drugs under a clear, consistent written policy.
However, Va. Code § 40.1-27.4 bars discharging, disciplining, or discriminating against an employee for lawful use of cannabis oil under a valid practitioner certification. The statute protects employees rather than applicants.
Exceptions cover impairment at work, possession during work hours, and action needed to comply with federal law or keep federal contracts or funding. Defense-industrial-base employers may also refuse to hire or retain anyone testing above 50 ng/ml THC in urine or 10 pg/mg in hair.
Law-enforcement officers fall outside the statute. Adult-use cannabis carries no employment protection in Virginia.
Motor Vehicle Records
Driving records matter most for delivery, trucking, sales, and CDL positions. Under Va. Code § 46.2-208, the DMV releases a driver record to an employer only with the driver’s written consent.
The Virginia DMV employment transcript covers up to seven years of driving history. Personal copies, by contrast, can show up to 11 years.
Additionally, the DMV Driver Alert program lets participating employers monitor employee driving records. For commercial drivers, federal motor carrier rules also require an annual record review.
BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
Virginia does not require private employers in general to use E-Verify. However, Va. Code § 40.1-11.2 has required state agencies to use it since December 1, 2012.
In addition, § 2.2-4308.2 covers contractors with state contracts over $50,000 and an average of more than 50 employees over the prior 12 months. Noncompliance can bring up to one year of debarment.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Under Va. Code § 40.1-28.7:5, you may not demand an applicant’s social media username or password. Still, you may review posts that anyone can see.
Automated and AI Hiring Tools
Virginia has no statute regulating automated or AI hiring tools. Title VII, the ADA, and the ADEA still apply to any screening tool that creates a disparate impact.
Industry-Specific Virginia Background Check Requirements
Some Virginia jobs require fingerprint checks by statute, whatever the employer prefers. In these roles, a name-based search supplements the required check but never replaces it.
Child, Elder, and Disability Care
Under Va. Code § 19.2-392.02, barrier crimes block hiring for jobs with unsupervised access to vulnerable people. Checks run through the Virginia State Police and the FBI.
Nursing Homes
Under Va. Code § 32.1-126.01, licensed nursing homes must check the criminal records of paid staff. The Virginia Department of Health enforces the rule.
Public Schools
Under Va. Code § 22.1-296.2, school boards must fingerprint applicants for state and FBI checks. Boards may accept another board’s results within 90 days.
Private Security
Under Va. Code § 9.1-139, security officers, locksmiths, and alarm technicians must submit fingerprints before working. The Department of Criminal Justice Services administers registration.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years under 49 C.F.R. § 391.23. They also run FMCSA Clearinghouse queries before hire and annually, and DOT testing for marijuana continues.
Banks and Credit Unions
Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, bars FDIC-insured institutions from hiring anyone convicted of dishonesty, breach of trust, or money laundering without FDIC consent. Sealed and expunged offenses fall outside the bar under the Fair Hiring in Banking Act.
What Changed for Virginia Employers in 2026
July 1, 2026 brought three Virginia changes that touch every employer’s application and screening process. Three federal changes also affect how Virginia employers screen this year.
Clean Slate sealing takes effect; no employer may require disclosure of sealed records
Virginia’s Clean Slate law now seals misdemeanor acquittals and dismissals with prejudice at disposition under § 19.2-392.8. Listed misdemeanor convictions seal automatically after seven conviction-free years under § 19.2-392.6, and other eligible misdemeanors and low-level felonies seal by petition with no filing fee under § 19.2-392.12.
Under § 19.2-392.15, no employer may require an applicant to disclose a sealed arrest, charge, or conviction, and the applicant may deny it. Each willful violation is a Class 1 misdemeanor. Law-enforcement positions, national-security positions, and jobs where law requires the inquiry are exempt.
What to do: Add a sealed-records notice to every criminal history question, and never treat an omitted sealed record as dishonesty. Confirm your screening partner registered with the Virginia State Police under § 19.2-392.16.
Source: Va. Code §§ 19.2-392.6, 19.2-392.8, 19.2-392.12, 19.2-392.15, 19.2-392.16. Read the law
§ 19.2-389.3 marijuana question ban repealed; possession records now seal automatically
Va. Code § 19.2-389.3, which barred employers from asking about simple marijuana possession arrests, charges, and convictions, was repealed effective July 1, 2026 (2025 Acts cc. 634, 671, cl. 11).
In its place, former marijuana possession records now seal automatically without a court order under § 19.2-392.6:1. Section 19.2-392.15 then bars any employer from requiring their disclosure, except for law-enforcement positions and positions where state or federal law requires the inquiry.
What to do: Remove any application language that cites § 19.2-389.3, and keep marijuana possession questions off the form. Treat any such record as sealed.
Source: Va. Code §§ 19.2-392.6:1 and 19.2-392.15; 2025 Acts cc. 634, 671. Read the law
Salary history ban and pay range posting rule take effect
Under Va. Code § 40.1-28.7:12 (2026 Acts cc. 996, 1063), no employer may seek an applicant’s wage or salary history, rely on it in hiring or in setting starting pay, or retaliate against an applicant who declines to provide it or asks for the range.
Every public and internal job posting must state the wage, salary, or a good-faith range. The Attorney General may seek civil penalties of up to $1,000 for a first violation and $5,000 for later ones, and applicants may sue within one year.
What to do: Delete salary history questions from applications and interview scripts, and add a pay range to every posting. Posting violations get 15 business days to cure, so fix any notice promptly.
Source: Va. Code § 40.1-28.7:12. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For other roles, honor the Va. Code § 40.1-27.4 protection for employees who lawfully use certified cannabis oil.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Virginia Employment Screening Services
Each search below follows FCRA rules and fits Virginia’s disclosure limits. BCS Background Screening LLC removes sealed Virginia records before they reach your report.
Virginia County Criminal Court Search
Circuit and General District Court records in every Virginia county. Price: $18 per county, per name; Fairfax County adds a $5 court fee.
SSN Trace
Reveals names, aliases, and 10+ years of address history to target county searches.
Nationwide Criminal Database
A $17 locator search that points to the counties worth verifying. We confirm every hit at the source court.
Federal Criminal Search
Federal district court records for fraud, trafficking, and other federal crimes.
Motor Vehicle Records
Virginia DMV driving histories for delivery, trucking, sales, and CDL positions, with written consent on file.
Mobile Self-Screen Ordering
Applicants e-sign the FCRA disclosure and enter their own data from a phone.
Verifications and Add-ons
Adds employment, education, and license verification to any Virginia package.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Virginia Employer Compliance Checklist
- Remove questions that require disclosure of sealed or expunged records, and add a sealed-records notice to any criminal history question.
- Drop criminal history questions from initial forms if you are a state agency or locality.
- Deliver a standalone FCRA disclosure and get written authorization before every report.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Stop asking about salary history, and post a pay range in every job posting.
- Collect written consent before you order Virginia DMV records.
- Confirm fingerprint mandates for care, school, and security roles.
- Run an individualized assessment before any adverse action, and send the pre-adverse and adverse notices in order.
- Confirm your screening partner registered with the Virginia State Police under § 19.2-392.16.
Virginia Employment Screening Law FAQs
Does Virginia have a state law equivalent to the federal FCRA?
No. Virginia has no mini-FCRA, so the federal Fair Credit Reporting Act governs third-party employment reports. The FTC and the CFPB enforce it.
Virginia adds § 19.2-392.16, however, which makes screening firms register with the Virginia State Police and delete sealed records.
Does Virginia have a ban-the-box law for private employers?
No. Virginia’s ban-the-box laws cover only public employers. Section 2.2-2812.1 governs state agencies, and the Department of Human Resource Management oversees state hiring.
Section 15.2-1505.3 covers localities, which may ask about records during or after an interview. Private employers may ask about convictions, but never about sealed or expunged records.
Can Virginia employers ask about sealed or expunged records?
No. Section 19.2-392.15 bars employers from requiring disclosure of sealed records, and § 19.2-392.4 does the same for expunged records. The applicant may deny either.
Each willful violation counts as a Class 1 misdemeanor, which local Commonwealth’s Attorneys prosecute. Exceptions cover law-enforcement positions, national-security positions, and roles where law requires the inquiry.
How far back can a background check go in Virginia?
Virginia sets no general lookback cap for private employers. Instead, the federal FCRA at 15 U.S.C. § 1681c limits non-conviction records to seven years for jobs paying under $75,000.
Convictions may appear without a time limit unless Virginia has sealed them. The FTC and CFPB enforce these limits.
Can Virginia employers consider arrest records?
Virginia has no general bar on considering arrests. However, you may not ask about arrests or charges that a court has sealed or expunged under §§ 19.2-392.15 and 19.2-392.4.
The FCRA also keeps arrests older than seven years off a report, and the FTC and CFPB enforce that limit. Always confirm the final disposition before you act on an arrest.
What may a Virginia employer ask on a job application?
Virginia has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status.
The EEOC and the Department of Justice enforce those rules. Since July 1, 2026, § 40.1-28.7:12 also bars salary history questions, and § 19.2-392.15 bars questions about sealed records.
When do Virginia criminal records seal automatically?
Since July 1, 2026, § 19.2-392.6 seals listed misdemeanor convictions after seven years without a new conviction. Misdemeanor acquittals and dismissals with prejudice seal at disposition under § 19.2-392.8, and the Virginia State Police administers the records.
Former marijuana possession records seal without a court order under § 19.2-392.6:1. Other eligible misdemeanors and low-level felonies need a petition under § 19.2-392.12.
Can employers check driving records in Virginia?
Yes. Section 46.2-208 lets the Virginia DMV release a driver record to an employer with the driver’s written consent. The DMV employment transcript covers up to seven years of history.
Also, the DMV Driver Alert program lets employers monitor current drivers.
Start Screening Virginia Applicants Today
BCS Background Screening LLC delivers FCRA-compliant Virginia county, federal, and driving record searches. Open an account today and order your first Virginia search in minutes.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Virginia background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.