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

Overview of Virginia Background Check Laws

Last verified: August 2026. This page reflects current Code of Virginia provisions, including the Clean Slate Act (in force since 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, in force since July 1, 2026, seals eligible criminal records.

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.

Under Virginia Code Section 19.2-392.15, which took effect July 1, 2026 as part of the Clean Slate Act, state and local government agencies, educational institutions, and private employers that are not subject to federal laws or regulations in the hiring process are prohibited from requiring applicants to disclose any arrest, charge, or conviction that has been sealed. Private employers who are subject to federal hiring laws or regulations, such as federally regulated carriers or financial institutions, are not covered by this state-law prohibition. Willful violations of this provision carry a Class 1 misdemeanor penalty.

Marijuana Possession Protections

Former Virginia Code Section 19.2-389.3 protected employees from having to disclose simple marijuana possession convictions to public and private employers, and kept that criminal history record information closed to public inspection. That section was repealed effective July 1, 2026, when the broader Clean Slate Act absorbed marijuana possession records into its record sealing framework.

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 took effect on July 1, 2026 and is now in force.

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 are 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. A related recodification of this section takes effect July 1, 2027, updating cross-references (including replacing the reference to since-repealed Virginia Code Section 18.2-248.1 with "former Section 18.2-248.1") without changing who qualifies for sealing.

Under Virginia Code Section 19.2-392.8, a misdemeanor charge that ends in acquittal, or that is dismissed with prejudice, is ordered sealed automatically by the court disposing of the case, unless the person charged objects to the sealing. A dismissal without prejudice does not trigger automatic sealing, so a charge that is nolle prosequied or otherwise dropped without prejudice is not covered.

Felony charges work differently. If a felony ends in acquittal or a dismissal with prejudice, sealing is not automatic: the person may orally request sealing immediately upon the acquittal or dismissal, and the court orders it only with the concurrence of the attorney for the Commonwealth. If the court declines to enter a sealing order, the denial is without prejudice and the person may still seek expungement in circuit court under Virginia Code Section 19.2-392.2.

Former marijuana possession offenses under the now-repealed Virginia Code Section 18.2-250.1 are 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 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 educational institutions, insurance companies, state and local government agencies, and private employers that are not subject to federal hiring laws or regulations 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

Now that the Clean Slate Act is in force (since July 1, 2026), the lookback period question is less relevant for sealed records. Sealed convictions do 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 the currently effective version of Virginia Code Section 55.1-1203, a landlord governed by the Virginia Residential Landlord and Tenant Act may request the information needed to decide whether an applicant can become a tenant, may photocopy the applicant's driver's license or similar photo identification, and may require a Social Security number or individual taxpayer identification number. The same section caps application fees, sets refund deadlines for application deposits, and requires the landlord to consider evidence that an applicant is a victim of family abuse when weighing an otherwise qualified applicant's low credit score. It does not currently require a landlord to publish screening criteria in advance.

That changes in 2027. Effective July 1, 2027, before requesting or collecting any payment or information from a prospective tenant, a landlord must give written notice of the amount of any fee or application deposit and whether it is refundable, the tenant selection criteria applicable to the unit, any criteria that will result in automatic denial of the application, additional criteria that may result in denial, the name and address of the consumer reporting agency if the landlord uses a consumer report, and the applicant's right to a free copy of that report after a denial or other adverse action and to dispute its accuracy. Those disclosure duties are not in force today.

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

Since July 1, 2026, sealed criminal records have also been 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 cannot 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

In Force Since July 1, 2026

The following provisions took effect on July 1, 2026 and are now in force:

• Automatic sealing of eligible misdemeanor convictions (seven-year waiting period)
• Automatic sealing of misdemeanor acquittals and dismissals with prejudice, unless the person charged objects
• 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 is one of the most significant changes to background check law in the state's history. Employers, landlords, and licensing boards should confirm their screening policies, application forms, and compliance procedures reflect the sealing rules now in effect. Two dated changes are still ahead: a recodification of the automatic-sealing statute takes effect July 1, 2027, updating cross-references without changing who qualifies, and the new landlord disclosure duties under Virginia Code Section 55.1-1203 take effect the same day. Individuals with eligible records should monitor the Virginia State Crime Commission for updates.

Frequently Asked Questions

Does Virginia have a Ban the Box law for private employers?

Virginia does not have a statewide Ban the Box law that applies to private employers. The existing Ban the Box provisions under Virginia Code Sections 2.2-2812.1 and 15.2-1505.3 apply only to state agencies and local government employers. Private employers can ask about criminal history at any point in the hiring process. However, since July 1, 2026, most employers, including private employers not subject to federal hiring laws or regulations, have been prohibited from asking about arrests, charges, or convictions that have been sealed under the Clean Slate Act.

How far back do background checks go in Virginia?

Virginia has no state law limiting how far back a background check can go. Criminal convictions can be reported indefinitely under both Virginia law and the federal FCRA. However, the FCRA restricts reporting of non-conviction information (such as arrests that did not lead to a conviction) to seven years, unless the position pays $75,000 or more per year. Since July 1, 2026, records sealed under the Clean Slate Act no longer appear on background checks regardless of their age.

What criminal records are sealed under Virginia's Clean Slate Act?

Virginia automatically seals certain misdemeanor convictions including petit larceny, concealing merchandise, trespassing, misdemeanor marijuana distribution, and disorderly conduct after a seven-year waiting period with no new convictions. A misdemeanor charge that ends in acquittal or in a dismissal with prejudice is also sealed automatically unless the person charged objects; a dismissal without prejudice is not, and a felony acquittal or dismissal with prejudice requires an oral request at the time of disposition and the concurrence of the attorney for the Commonwealth. Additional misdemeanors and Class 5 and Class 6 felonies may be sealed through a court petition. Former marijuana possession offenses are sealed without a court order. Domestic assault, DUI, sex offenses, and Class 1 and 2 felonies are not eligible for sealing.

Can a Virginia landlord deny a rental application based on criminal history?

Yes, Virginia landlords can conduct criminal background checks and use the results in tenant screening decisions. They must follow FCRA requirements when using a third-party screening service and keep all screening information confidential under Virginia Code Section 55.1-1209. Virginia does not yet require landlords to publish their screening criteria in advance; a disclosure duty covering tenant selection criteria, automatic-denial criteria, and consumer report rights takes effect July 1, 2027 under Virginia Code Section 55.1-1203. Landlords should apply criteria consistently and consider the nature of the offense, the time elapsed, and the relevance to the tenancy. Since July 1, 2026, landlords cannot ask about or consider sealed records.

Can a Virginia licensing board deny a professional license because of a criminal conviction?

A Virginia licensing board cannot deny a license solely because of a criminal conviction. Under Virginia Code Section 54.1-204, the conviction must directly relate to the profession or occupation. The board must consider factors including the nature of the offense, the time elapsed, and evidence of rehabilitation. If a license is denied based on criminal history, the board must provide a written explanation of the specific offense, how it relates to the profession, and how it weighed rehabilitation factors.