Virginia Background Check Laws: Employer, Housing, and Licensing Guide (2026)

---

title: "Virginia Background Check Laws: Employer, Housing, and Licensing Guide (2026)" description: "Complete guide to Virginia background check laws covering Ban the Box, record sealing, FCRA rules, lookback periods, housing checks, and professional licensing."

Overview of Virginia Background Check Laws

Last verified: March 2026. This page reflects current Code of Virginia provisions, the delayed Clean Slate Act (effective July 1, 2026), and federal FCRA requirements.

Virginia does not have a single comprehensive statute governing all background checks. Instead, the state relies on a combination of targeted state laws and federal regulations. The federal Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act set the baseline for most employment and tenant screening across the state.

Virginia has layered on specific protections in three main areas. First, the state bars public employers from asking about criminal history on job applications. Second, Virginia protects individuals with marijuana possession convictions from employment discrimination. Third, the landmark Clean Slate Act will begin sealing eligible criminal records starting July 1, 2026.

This guide walks through how each of these laws applies to employment screening, housing applications, and professional licensing in Virginia.

Ban the Box Laws in Virginia

Public Sector Employers

Virginia enacted Ban the Box protections for public sector employers in stages. Under Virginia Code Section 2.2-2812.1, state agencies are prohibited from requiring prospective employees to complete any employment application that includes questions about prior criminal arrests, charges, or convictions.

Under Virginia Code Section 15.2-1505.3, the same prohibition applies to local government employers, including counties, cities, and towns. No locality can require a prospective employee to fill out an application that asks whether the applicant has been arrested for, charged with, or convicted of any crime.

Both statutes permit criminal history inquiries during or after a staff interview. This means government employers can still consider criminal records in their hiring decisions, but they must wait until the interview stage to raise the topic.

Exceptions to Ban the Box

Several categories of positions are exempt from the Ban the Box requirement:

• Law enforcement positions or positions related to law enforcement agencies
• Local school board positions (for the locality-level ban)
• Sensitive positions as designated under Virginia Code Section 2.2-1201.1
• Positions where federal law or regulation requires criminal history inquiries during the application process

Private Sector Employers

Virginia does not have a statewide Ban the Box law for private employers. Private companies can ask about criminal history at any point during the hiring process, including on the initial application.

However, once the Clean Slate Act takes effect on July 1, 2026, Virginia Code Section 19.2-392.15 will prohibit all employers, both public and private, from requiring applicants to disclose any arrest, charge, or conviction that has been sealed. Willful violations of this provision carry a Class 1 misdemeanor penalty.

Marijuana Possession Protections

Under Virginia Code Section 19.2-389.3, employers cannot ask about or consider convictions for simple marijuana possession. This applies to both public and private employers. Criminal history record information relating to marijuana possession charges and convictions is not open for public inspection. This section will be repealed effective July 1, 2026, when the broader Clean Slate Act takes over and these records become eligible for sealing.

Virginia Clean Slate Act (Record Sealing)

Timeline and Delay

Virginia passed its comprehensive record sealing law in 2021, originally set for a 2025 effective date. State officials determined that courts, law enforcement, and the Virginia State Police needed additional time to update databases and software to handle sealing requests properly. The implementation was pushed back, and the law now takes effect on July 1, 2026.

The full text of the sealing provisions is found in Chapter 23.2 of Title 19.2 of the Code of Virginia.

Automatic Sealing

Under Virginia Code Section 19.2-392.6, certain misdemeanor convictions will be sealed automatically without any action by the individual. Eligible offenses include:

• Petit larceny (Virginia Code Section 18.2-96)
• Concealing merchandise (Virginia Code Section 18.2-103)
• Trespassing offenses (Virginia Code Sections 18.2-119, 18.2-120, and 18.2-134)
• Misdemeanor marijuana distribution (Virginia Code Section 18.2-248.1)
• Disorderly conduct (Virginia Code Section 18.2-415)

For automatic sealing of convictions, seven years must have passed since the date of the conviction, and the individual must have no new criminal convictions during that period (excluding traffic infractions). The offense date must be on or after January 1, 1986.

Under Virginia Code Section 19.2-392.8, charges resulting in acquittal or dismissal will also be sealed automatically.

Former marijuana possession offenses under the now-repealed Virginia Code Section 18.2-250.1 will be sealed without the entry of a court order under Virginia Code Section 19.2-392.6:1.

Petition-Based Sealing

Under Virginia Code Section 19.2-392.12, individuals can petition a court to seal records for a broader range of offenses. This includes many misdemeanors and certain felonies not eligible for automatic sealing.

Key requirements for petition-based sealing include:

• Seven years must have passed since the conviction date for misdemeanors
• Ten years must have passed for eligible felony convictions
• The individual must have no new criminal convictions during the waiting period
• The individual must demonstrate that sealing serves the interests of justice

Eligible felonies generally include Class 5 and Class 6 felonies, along with larceny felonies. Estimates suggest that roughly 90% of all misdemeanors and nearly two-thirds of all Class 5 and Class 6 felonies will qualify for sealing.

Records That Cannot Be Sealed

Not all criminal records are eligible. Ineligible offenses include:

• Domestic assault convictions
• DUI/DWI convictions
• Sex offenses
• Class 1 and Class 2 felonies
• Offenses carrying a potential life sentence

Cost and Filing

Under 2025 amendments, there are no filing fees or service costs to seal or expunge a criminal record in Virginia. Petitioners are also no longer required to obtain a fingerprint card before filing.

Effect of Sealing on Employers

Once a record is sealed, Virginia Code Section 19.2-392.15 prohibits employers, educational institutions, insurance companies, and state and local government agencies from requiring applicants to disclose the sealed information. A person whose record has been sealed may lawfully state that they have not been arrested, charged, or convicted of the sealed offense. Willful violation of these prohibitions is a Class 1 misdemeanor.

Under Virginia Code Section 19.2-392.14, government employees who disclose sealed records outside of authorized purposes also face Class 1 misdemeanor charges.

Lookback Periods in Virginia

No State-Specific Limit

Virginia does not impose a statewide lookback period limiting how far back an employer or screening company can search criminal records. This means that, under state law alone, criminal convictions can appear on a Virginia background check regardless of how old they are.

FCRA Seven-Year Rule

The federal FCRA does impose some limitations through consumer reporting agencies. Under FCRA Section 605(a), certain types of adverse information cannot be reported beyond seven years:

• Arrests that did not result in conviction
• Civil judgments from the date of entry
• Paid tax liens from the date of payment
• Accounts placed for collection or charged off

However, criminal convictions have no time limit under the FCRA and can be reported indefinitely. This is an important distinction that catches many people off guard.

Salary Exception

The FCRA seven-year limitation on non-conviction information does not apply to individuals applying for positions with an annual salary of $75,000 or more. For these higher-paying roles, consumer reporting agencies may report older non-conviction records.

Clean Slate Impact

Once the Clean Slate Act takes effect on July 1, 2026, the lookback period question becomes less relevant for sealed records. Sealed convictions will not appear in background check results, regardless of when they occurred. This effectively creates a backdoor lookback limitation for many offenses.

FCRA Requirements for Virginia Employers

The Fair Credit Reporting Act applies to all Virginia employers who use a third-party consumer reporting agency to conduct background checks. Here is what employers must do at each stage of the screening process.

Before Running a Background Check

Employers must provide the applicant or employee with a standalone written disclosure that a background check may be conducted. This disclosure cannot be buried in an employment application or combined with other documents. The employer must also obtain written consent from the individual before requesting the report.

Using Background Check Results

If the employer is considering taking adverse action based on information in the background report, the employer must follow a two-step process under the FCRA:

Step 1 (Pre-Adverse Action): Before making a final decision, the employer must provide the applicant with a copy of the consumer report and a copy of "A Summary of Your Rights Under the Fair Credit Reporting Act."

Step 2 (Adverse Action Notice): If the employer proceeds with the adverse action, they must send a formal adverse action notice that includes the name, address, and phone number of the consumer reporting agency, a statement that the agency did not make the hiring decision, and notice that the individual has the right to dispute the accuracy of the report and to obtain a free copy within 60 days.

EEOC Guidance on Criminal Records

While not Virginia-specific, the EEOC Enforcement Guidance on criminal records applies to Virginia employers under Title VII. The guidance recommends a two-step approach:

1. Use a targeted screen that considers the nature of the crime, the time elapsed since the offense, and the nature of the job
2. Conduct an individualized assessment for applicants flagged by the screen, giving them a chance to explain the circumstances

Blanket policies that exclude all applicants with any criminal record will likely violate Title VII. The EEOC has also made clear that arrest records alone are not reliable evidence of criminal conduct and should not be used as the sole basis for denying employment.

Employment Background Checks

How Employers Obtain Criminal Records

Virginia employers can obtain criminal history information through several channels. The Virginia State Police maintain the Central Criminal Records Exchange and process background check requests through the SP-167 form. Processing takes approximately 15 business days for mail-in requests.

For a basic name-based search, the SP-167 form returns Virginia convictions only. If the employer needs a more complete search covering charges, dismissals, and pending cases, a completed fingerprint card must accompany the request.

Employers who need national criminal background checks for workers providing care to children, the elderly, or disabled individuals can request FBI fingerprint-based checks through the Virginia State Police under Virginia Code Section 19.2-392.02.

Barrier Crimes in Regulated Industries

Virginia law establishes "barrier crimes" for certain industries where a criminal conviction may disqualify an individual from employment. These industries include:

• Healthcare facilities (nursing homes, hospitals, home care organizations) under Virginia Code Section 32.1-126.01
• Childcare providers under Virginia Code Title 63.2, Article 3
• Assisted living facilities under the Virginia Department of Social Services regulations
• Behavioral health providers under Virginia Code Section 37.2-416

The specific list of barrier crimes varies by industry. For most healthcare and childcare settings, barrier crimes include serious felonies such as violent offenses, sexual offenses, and drug distribution offenses. Some facilities may hire applicants with a single misdemeanor barrier crime not involving abuse or neglect, provided five years have elapsed since the conviction.

Housing Background Checks in Virginia

Landlord Screening Rights

Virginia landlords may conduct criminal background checks on prospective tenants. Under Virginia Code Section 55.1-1203, landlords governed by the Virginia Residential Landlord and Tenant Act must:

• Provide applicants with information about the criteria that will be used to assess eligibility
• Disclose any criteria that may result in automatic denial of an application
• Notify applicants of their rights under the federal FCRA before performing background checks

Application Fees

Virginia caps rental application fees at $50, exclusive of actual out-of-pocket expenses the landlord pays to third parties for background, credit, or other pre-occupancy checks. For public housing or HUD-regulated units, the cap is $32 plus out-of-pocket expenses.

Fair Housing Considerations

The Virginia Department of Professional and Occupational Regulation (DPOR) advises landlords to follow fair housing guidelines when using criminal records in tenant screening. Key best practices include:

• Establish written rental criteria applied consistently to all applicants
• Conduct a limited criminal background screening focused on whether the applicant poses a current direct threat
• Allow the applicant to provide evidence that mitigates any concerns raised by the criminal history
• Consider the nature and gravity of the offense, the time elapsed since the conviction, and the relevance to the tenancy

Under Virginia Code Section 55.1-1209, landlords must keep all screening information confidential. Tenant records obtained through the application process cannot be released to any person except in response to a subpoena.

Impact of Record Sealing on Housing

Starting July 1, 2026, sealed criminal records will also be hidden from landlord screening. Virginia Code Section 19.2-392.15 explicitly prohibits asking about sealed arrests, charges, or convictions in housing and insurance contexts. Landlords will not be able to require disclosure of sealed records, and applicants may lawfully deny that the sealed events occurred.

Professional Licensing Background Checks

General Rule

Under Virginia Code Section 54.1-204, no person can be refused a license, certificate, or registration to practice a regulated occupation solely because of a prior criminal conviction. The conviction must directly relate to the occupation or profession in question.

Virginia licensing boards are also prohibited from using vague or arbitrary terms such as "good moral character" or "moral turpitude" as grounds to deny a license.

Factors Boards Must Consider

When evaluating whether a criminal conviction directly relates to a licensed profession, the regulatory board must consider several factors, including:

• The relationship between the crime and the purpose for requiring a license
• The nature and seriousness of the offense
• The time elapsed since the conviction
• Evidence of rehabilitation, such as completion of treatment, education, or community service
• The applicant's age at the time of the offense
• Any circumstances surrounding the offense

Notification Requirements

If a licensing board denies an application because of criminal history, the board must provide written notice that includes the specific offense or offenses that led to the denial, an explanation of how the criminal history directly relates to the profession, and a description of how the board weighed the rehabilitation factors.

Fingerprint Requirements by Profession

Certain professions in Virginia require fingerprint-based background checks as part of the licensing process. The Virginia State Police Fingerprinting Services division processes these checks for healthcare workers, educators, real estate agents, and other regulated professionals.

Recent Changes and Upcoming Developments

2025 Legislative Session

The 2025 Virginia General Assembly passed several changes to the record sealing framework before the July 2026 effective date:

• Eliminated filing fees for sealing and expungement petitions
• Removed the fingerprint card requirement for petitioners
• Expanded the list of offenses eligible for automatic sealing
• Amended Virginia Code Section 19.2-392.15 to strengthen protections against employer and landlord inquiries into sealed records

Effective July 1, 2026

The following provisions take effect on July 1, 2026:

• Automatic sealing of eligible misdemeanor convictions (seven-year waiting period)
• Automatic sealing of acquittals and dismissals
• Petition-based sealing of additional misdemeanors and certain felonies
• Automatic sealing of former marijuana possession offenses
• Prohibition on employer, landlord, and licensing inquiries about sealed records
• Repeal of Virginia Code Section 19.2-389.3 (marijuana-specific employment protections absorbed into the broader sealing law)
• New rules for business screening services under Virginia Code Section 19.2-392.16

What to Watch

Virginia's record sealing implementation will be one of the most significant changes to background check law in the state's history. Employers, landlords, and licensing boards should begin updating their screening policies, application forms, and compliance procedures before the July 2026 deadline. Individuals with eligible records should monitor the Virginia State Crime Commission for updates on the implementation timeline.