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Virginia Background Check Laws: What Employers Need to Know
Virginia applies expunged record protections to all employers, with Ban-the-Box rules limited to state hiring. Relevant across the state's government contracting, data center, and shipbuilding industries, here's what applies whether you're hiring in Virginia Beach, Richmond, or Arlington.
Expunged Records
Employers, both private and public, can't require disclosure of any arrest or conviction that's been expunged.
Social Media Password Protections
Employers can't require a current or prospective employee to disclose the username and password for a social media account, and can't require an employee to add a colleague, supervisor, or administrator to their account's contact list.
Public Employer Ban-the-Box
Under a 2015 executive order, criminal record inquiries have been removed from state employment applications, and criminal history checks can't be conducted until a candidate has been determined qualified or is being considered for a specific position. This applies to state employment, not private employers.
Insurance-Related Reports
An investigative report can't be obtained for insurance purposes unless the consumer is notified, given the opportunity to be interviewed, and informed of their right to a copy of the report.
Pass-Through Fees for Virginia Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (Virginia State Police Criminal Records Check Section) | $15.00 per name-based check, covering both the standard Name Record Check and the Sex Offender/Child Care search |
| Motor vehicle record | $8.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Virginia Employers
Does Virginia have a Ban-the-Box law for private employers?
No. Virginia's Ban-the-Box policy applies to state employment under a 2015 executive order, not to private hiring.
Can I ask a Virginia candidate about an expunged record?
No. Both private and public employers are prohibited from requiring disclosure of an expunged arrest or conviction.
Can I require a Virginia employee to add me on social media?
No. Employers can't require an employee to add a colleague, supervisor, or administrator to a personal social media contact list.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
