Virginia Background Check Laws
VA Employer Compliance Guide
Employers in Virginia must navigate a specific set of state laws governing background checks to ensure compliance and avoid legal pitfalls.
Content updated
Virginia background check laws at a glance
- Does Virginia have a ban-the-box law?
- Yes — none coverage, applying to public employers only.
- Can employers ask about salary history?
- No statewide salary history ban in Virginia. Local rules may still apply.
- How far back can a background check go?
- Virginia law does not impose specific state-level reporting limitations on criminal records that are stricter than the federal FCRA's seven-year reporting limitation for non-conviction information (arrests not leading to conviction, civil suits, etc.) for positions paying under a certain threshold. However, convictions can generally be reported indefinitely under federal FCRA, and Virginia law does not alter this for private employers. For public employers, the ban-the-box law restricts *when* criminal history can be inquired about, not necessarily the reporting timeframe once inquired.
- Governing statutes
- Virginia Code § 2.2-291.1; Virginia Code § 19.2-392.4
Complying with Virginia's background check laws is crucial for employers to avoid legal challenges, maintain a fair hiring process, and protect their organization. These regulations often supplement or expand upon federal laws like the Fair Credit Reporting Act (FCRA), adding layers of complexity that demand careful attention. Understanding the nuances of Virginia-specific rules, such as those pertaining to criminal record inquiries and the use of consumer reports, is not just good practice—it's a legal necessity. Failure to adhere to these state-specific requirements can result in significant penalties, reputational damage, and costly litigation. This guide provides a comprehensive overview to help Virginia employers conduct compliant background checks.
Ban-the-Box Laws
Virginia has a 'ban the box' law that applies to state agencies and political subdivisions. It prohibits these public employers from inquiring about an applicant's criminal history on an initial employment application. They may only inquire about criminal history after determining that the applicant meets the minimum employment qualifications and is otherwise eligible for the position. This law does not apply to private employers.
State FCRA Variations
While Virginia does not have a state-level FCRA equivalent that significantly alters federal FCRA requirements for private employers, employers must still comply with the federal FCRA. This includes obtaining proper consent, providing adverse action notices, and ensuring the accuracy of reports. Virginia's ban-the-box law for public employers is an additional state-specific requirement.
Reporting Limitations
Virginia law does not impose specific state-level reporting limitations on criminal records that are stricter than the federal FCRA's seven-year reporting limitation for non-conviction information (arrests not leading to conviction, civil suits, etc.) for positions paying under a certain threshold. However, convictions can generally be reported indefinitely under federal FCRA, and Virginia law does not alter this for private employers. For public employers, the ban-the-box law restricts *when* criminal history can be inquired about, not necessarily the reporting timeframe once inquired.
Expungement & Record Sealing
Virginia law allows for the expungement of certain criminal records. If a record has been expunged, it should not be reported by a consumer reporting agency (CRA) and should not be considered by an employer. Employers should be aware that requesting or using expunged records can lead to legal issues. Virginia Code § 19.2-392.4 states that an expunged record 'shall not be regarded as a criminal record.'
Key Screening Rules
Public Employer Ban the Box
FCRA Compliance
Expunged Records
Individualized Assessment
Frequently Asked Questions: Virginia
Does Virginia have a 'ban the box' law for all employers?
No, Virginia's 'ban the box' law (Virginia Code § 2.2-291.1) only applies to state agencies and political subdivisions, not private employers.
Can private employers in Virginia ask about criminal history on job applications?
Yes, private employers in Virginia are generally permitted to ask about criminal history on initial job applications, as the state's ban-the-box law does not apply to them. However, they must still comply with federal FCRA requirements.
Are there any restrictions on reporting old criminal convictions in Virginia?
Virginia law does not impose stricter reporting limitations on criminal convictions than the federal FCRA. Under FCRA, convictions can generally be reported indefinitely. Non-conviction information (like arrests not leading to conviction) is typically limited to seven years for positions paying below a certain threshold.
What should an employer do if a background check reveals an expunged record?
If a background check reveals an expunged record, the employer should not consider it. Virginia Code § 19.2-392.4 states that an expunged record 'shall not be regarded as a criminal record.'
Does Virginia have a law prohibiting salary history inquiries?
No, Virginia does not currently have a state law prohibiting employers from inquiring about an applicant's salary history.
Key Statutes
Virginia Code § 2.2-291.1
— Establishes the 'ban the box' rule for state agencies and political subdivisions, prohibiting criminal history inquiries on initial applications.
Virginia Code § 19.2-392.4
— Pertains to the effect of expungement, stating that an expunged record 'shall not be regarded as a criminal record.'
Sources for this Virginia guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Virginia primary authority
- Virginia Office of the Attorney General
Virginia Attorney General · link checked 2026-09-17
- Virginia Legislature and state code
Virginia Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Virginia guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Virginia before adopting or changing a screening policy.
States bordering Virginia
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Virginia with its neighbors:
Screening services for Virginia employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Virginia.
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