Virginia Background Check Laws for Employers
Virginia sets few statewide limits on private employers, yet the rules it does have carry criminal penalties.
Moreover, the Commonwealth’s record sealing law took effect on July 1, 2026, and it changes what you may ask.
This guide explains each statute, its administering agency, and how BCS Background Screening LLC keeps 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.
| Statute or regulation | What it governs | Administering agency |
|---|---|---|
| 15 U.S.C. § 1681 et seq. (FCRA) | Disclosure, authorization, and adverse action for third-party background reports | Federal Trade Commission and Consumer Financial Protection Bureau |
| Va. Code § 19.2-392.15 | Bars employers from requiring disclosure of sealed arrests, charges, or convictions | Commonwealth’s Attorneys (Class 1 misdemeanor) |
| Va. Code § 19.2-392.16 | Requires screening firms to register for sealing notices and delete sealed records | Virginia State Police |
| Va. Code § 19.2-392.4 | Bars employers from requiring disclosure of expunged records | Commonwealth’s Attorneys (Class 1 misdemeanor) |
| Va. Code § 19.2-389(H) | Lets employers obtain Virginia conviction data with written consent | Virginia State Police, Central Criminal Records Exchange |
| Va. Code §§ 2.2-2812.1 and 15.2-1505.3 | Ban the box for state agencies and local governments | Department of Human Resource Management; each locality |
| Va. Code § 46.2-208 | Employer access to driver records with written consent | Virginia Department of Motor Vehicles |
| Va. Code § 19.2-392.02 | Barrier crimes for child, elder, and disability care jobs | Virginia State Police and state licensing agencies |
| Va. Code § 40.1-28.7:12 | Salary history ban and pay range disclosure | Office of the Attorney General |
| Va. Code § 2.2-3900 et seq. | Virginia Human Rights Act anti-discrimination rules | Office of the Attorney General, Division of Human Rights |
FCRA Steps Every Virginia Employer Must Follow
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.
- 1
Disclose
Give the applicant a clear, standalone written disclosure before you order the report.
- 2
Authorize
Next, get the applicant’s written authorization, which an e-signature can satisfy.
- 3
Pre-adverse action
Before any final decision, send a pre-adverse action letter, the report, and the Summary of Rights.
- 4
Adverse action
After a reasonable wait, send the final notice with the agency’s contact details and dispute rights.
Meanwhile, BCS Background Screening LLC provides compliance forms that support each of these steps.
Virginia’s Record Sealing Law and What It Means for Employers
Virginia’s 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.
What seals automatically
First, § 19.2-392.6 seals certain misdemeanor convictions once seven years pass without a new reportable conviction.
Covered offenses include petit larceny, shoplifting, disorderly conduct, several trespass crimes, and minor marijuana distribution.
Misdemeanor acquittals and dismissals with prejudice also seal under § 19.2-392.8 unless the defendant objects.
Likewise, every former simple marijuana possession charge seals without a court order under § 19.2-392.6:1.
What seals by petition
Other misdemeanors and Class 5 and 6 felonies may seal by petition under § 19.2-392.12.
The waiting period runs seven years for misdemeanors and ten years for felonies.
Still, the petitioner must meet strict conditions, and a judge makes the final call.
What employers may not do
Most importantly, § 19.2-392.15 bars employers from requiring disclosure of a sealed arrest, charge, or conviction.
Applicants may also leave sealed matters off an application, even when you ask.
If your application asks about criminal history, it must tell applicants they need not disclose sealed records.
Each willful violation counts as a Class 1 misdemeanor.
According to Morgan Lewis, the law creates no private right of action, yet criminal exposure alone justifies an audit.
Exceptions cover police and sheriff jobs, national security roles, and jobs where state or federal law requires the inquiry.
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 and the new sealing law shape what a report may show.
Federal cap on arrests and other non-conviction records under 15 U.S.C. § 1681c, unless the job pays $75,000 or more.
Convictions may appear regardless of age under the FCRA, unless Virginia has sealed them.
Waiting period before eligible misdemeanor convictions seal automatically.
Waiting period before Class 5 and 6 felonies may seal by petition.
After five years, felonies outside the core barrier crime list stop disqualifying care workers.
Also, Virginia DMV employment transcripts show up to seven years of driving history.
Virginia Ban the Box Rules for Public and Private Employers
Virginia’s ban-the-box laws apply to government employers, not private businesses.
For state agencies, § 2.2-2812.1 removes criminal history 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.
Sensitive positions, law enforcement jobs, and school board roles fall outside the local rule.
Private employers may ask about convictions on an application, but two limits remain.
Expunged and sealed records
Under § 19.2-392.4, no employer may require disclosure of an expunged arrest, charge, or conviction.
Together with the sealing law, this means you should ask only about open, unsealed convictions.
Marijuana possession records
Before July 2026, § 19.2-389.3 separately barred questions about simple marijuana possession.
The General Assembly repealed that section effective July 1, 2026.
Now § 19.2-392.6:1 seals those records, so § 19.2-392.15 blocks the question instead.
Federal contractors
Federal contractors face one more rule.
The Fair Chance to Compete for Jobs Act bars criminal history questions before a conditional job offer.
It applies to federal agencies and to contractors hiring for work on covered federal contracts.
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 § 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 a Virginia criminal history record, give the applicant a copy under § 19.2-389.
Real-time Virginia statewide court search
For faster results, BCS Background Screening LLC offers a Virginia real-time statewide criminal search.
It searches Circuit and General District Courts statewide, and results typically return within 24 hours.
The search costs $20 per name.
Alexandria and Fairfax Circuit Court cases sit outside the statewide system, so we return General District records there.
For full felony coverage in those two areas, add a county criminal court search.
Virginia Driving Record Checks and DMV Consent Rules
Driving records matter most for delivery, trucking, sales, and CDL positions.
Under § 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.
Other Virginia Hiring Laws That Affect Screening
Beyond criminal records, several Virginia laws shape the hiring process.
Virginia has no statute that limits employer credit checks, so FCRA rules alone govern credit reports.
For example, Seyfarth Shaw reports that new pay transparency rules took effect on July 1, 2026.
Salary history ban
Employers may not seek or rely on an applicant’s pay history.
Postings must also list a good-faith pay range.
Penalties reach $1,000 for a first violation and $5,000 after that.
Social media privacy
You may not demand an applicant’s social media username or password.
Still, you may review posts that anyone can see.
Medical cannabis oil
Employers may not punish lawful, certified cannabis oil use.
Even so, impairment at work and federal contract rules remain exceptions.
Virginia Human Rights Act
The Act covers employers with six or more employees.
The Division of Human Rights investigates complaints.
E-Verify for state agencies and contractors
Virginia does not require private employers in general to use E-Verify.
However, § 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.
That average covers the prior 12 months.
Noncompliance can bring up to one year of debarment.
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
Barrier crimes block hiring for jobs with unsupervised access to vulnerable people.
Checks run through the Virginia State Police and the FBI.
Nursing homes
Licensed nursing homes must check the criminal records of paid staff.
The Virginia Department of Health enforces the rule.
Public schools
School boards must fingerprint applicants for state and FBI checks.
Boards may accept another board’s results within 90 days.
Private security
Security officers, locksmiths, and alarm technicians must submit fingerprints before working.
The Department of Criminal Justice Services administers registration.
Individualized Assessment Under EEOC Guidance
Title VII still applies when Virginia law stays silent.
The EEOC enforcement guidance warns against blanket bans on applicants with records.
Instead, weigh three factors from Green v. Missouri Pacific Railroad:
- Nature and gravity of the offense
- Time passed since the offense or sentence
- Duties and setting of the job sought
Then give the applicant a chance to explain before you decide.
Virginia Employment Screening Services from BCS Background Screening LLC
Each search below follows FCRA rules and fits Virginia’s disclosure limits.
County Criminal Court Search
Courthouse-level records for $18 plus court fees, with a seven-year standard scope.
Nationwide Criminal Database
A $17 locator search that points to the counties worth verifying.
Federal Criminal Search
Federal district court records for fraud, trafficking, and other federal crimes.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions.
Mobile Self-Screen Ordering
Applicants e-sign the FCRA disclosure and enter their own data from a phone.
Virginia Employer Background Check Compliance Checklist
Use this list before you screen your next Virginia applicant.
- Remove questions that require disclosure of sealed or expunged records.
- 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.
- Collect written consent before you order Virginia DMV records.
- Confirm fingerprint mandates for care, school, and security roles.
- Stop asking about salary history, and post pay ranges.
- Run an individualized assessment before any adverse action.
- Give the applicant a copy of any Virginia criminal history record behind an adverse decision.
Virginia Background Check Laws: Employer 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.
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.
Each willful violation counts as a Class 1 misdemeanor, which local Commonwealth’s Attorneys prosecute.
Exceptions cover police jobs 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.
When do Virginia criminal records seal automatically?
Since July 1, 2026, § 19.2-392.6 seals eligible misdemeanor convictions after seven years without a new reportable conviction.
The Virginia State Police identifies eligible records and notifies the courts.
Class 5 and 6 felonies, by contrast, need a petition under § 19.2-392.12 after ten years.
How do employers get criminal records from the Virginia State Police?
Section 19.2-389(H) lets an employer request conviction data from the Central Criminal Records Exchange.
The applicant must consent in writing, and the Virginia State Police releases convictions only to most employers.
For faster, broader results, many employers run a real-time statewide court search.
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.
Can Virginia employers ask about marijuana possession charges?
No. Former simple possession records now seal without a court order under § 19.2-392.6:1, which the Virginia State Police administers.
Section 19.2-392.15 then bars employers from requiring their disclosure.
Separately, § 40.1-27.4 protects lawful, certified medical cannabis oil use.
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This page offers general information, not legal advice. Laws change often, so consult Virginia employment counsel before you act. Last reviewed October 2026.