Virginia background check laws for employers

At a glance

The Virginia rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: All employers for expunged records; private employers ‘not subject to federal laws or regulations in the hiring process’ plus state and local agencies and educational institutions for sealed records.

In force since: July 1, 2026

No general ban-the-box law for private employers. Two narrower rules apply. First, no employer or educational institution may require an applicant to disclose an arrest, charge, conviction, or civil offense that has been expunged, and the applicant may omit it (§ 19.2-392.4). Second, private employers not subject to federal hiring laws, and public bodies, may not require disclosure of any sealed arrest, charge, or conviction; an application that asks about records must carry a notice that sealed matters need not be disclosed (§ 19.2-392.15). The former § 19.2-389.3 rule that barred asking about simple marijuana-possession matters was repealed effective July 1, 2026; those records are now sealed by operation of law (§ 19.2-392.6:1).

Exceptions

• Applicants for employment or volunteer service with the State Police or a police department or sheriff’s office.
• Where the Code of Virginia or federal law requires the employer to ask.
• Positions subject to federal national-security requirements.
• Employers allowed by State Police rules (§§ 9.1-128, 9.1-134) to access sealed records.

Va. Code § 19.2-392.15(A) · Va. Code § 19.2-392.15(F) · Va. Code § 19.2-392.4(A) · Va. Code § 19.2-389.3 (repealed)

What a background check report may include

Who it covers: Any person in the business of collecting, assembling, evaluating, or disseminating Virginia criminal history or traffic history records (government entities and news media excluded).

In force since: July 1, 2026

Virginia has no seven-year rule of its own and no FCRA-style content limits. Its one content rule for screeners is the sealing chapter: a ‘business screening service’ that knows a Virginia criminal or traffic record is sealed (or is a sealed former marijuana-possession record) must promptly delete it, must register with the Department of State Police to receive electronic notice of sealing orders, and must print the collection date and a notice on any record it disseminates. Employers and others may not ask about expunged or sealed records (see fair_chance).

Exceptions

• Records may be retained (not disseminated) to resolve disputes under this section, the federal FCRA, or Gramm-Leach-Bliley.
• Dissemination to entities authorized under § 19.2-392.13 and State Police rules.

Va. Code § 19.2-392.16(B) · Va. Code § 19.2-392.16(C)

Sealed and expunged records

Who it covers: Adults and juveniles tried as adults; the denial right runs against state and local agencies and any private employer in the Commonwealth.

In force since: July 1, 2026

Virginia’s sealing law (Title 19.2, Chapter 23.2) is in force. Listed misdemeanor convictions (petit larceny, trespass, disorderly conduct, some drug misdemeanors) are automatically sealed after seven years with no new reportable conviction; misdemeanor acquittals and dismissals are sealed automatically; former marijuana-possession matters are sealed without any order; other offenses can be sealed by petition (§§ 19.2-392.12, 19.2-392.12:1). A person whose record is sealed may deny the arrest, charge, or conviction to any private employer in Virginia without risk of perjury, and employers may not ask (see fair_chance).

Exceptions

• The person may not deny a sealed offense when applying to the State Police or a police or sheriff’s office, when state or federal law requires the inquiry, for national-security positions, or where State Police rules allow access (§ 19.2-392.5(E)).
• Nineteen categories of offenses are ineligible for petition sealing (§ 19.2-392.12(L)), including violent felonies and offenses against family or household members.

Va. Code § 19.2-392.5(D) · Va. Code § 19.2-392.6(B) · Va. Code § 19.2-392.6:1(A) · Va. Code § 19.2-392.8(A) · 2025 Va. Acts c. 671 (H.B. 2723), cl. 7 (amending 2021 Sp. Sess. I cc. 524, 542, cl. 4) · 2025 Va. Acts c. 671 (H.B. 2723), cl. 6 · Va. Code § 19.2-392.13 (permitted uses of sealed records)

Salary history questions

Who it covers: Any employer doing business or operating in Virginia that employs another for wages, salary, or commission (§ 40.1-2). There is no employer-size threshold.

In force since: July 1, 2026

New in 2026. No employer may seek a prospective employee’s wage or salary history, rely on it in considering or paying them, or retaliate for not providing it or for asking for a pay range. Every public and internal posting for a job, promotion, or transfer must state the wage, salary, or range, set in good faith. An applicant may volunteer history; the employer may then use or confirm it only to support a higher offer. The Attorney General may sue (civil penalty up to $1,000, then up to $5,000); applicants have a private action within one year, with a 15-business-day cure right for posting violations.

Exceptions

• Voluntary disclosure by the prospective employee, and employer confirmation to support a higher offer (§ 40.1-28.7:12(C), (D)).
• A posting violation corrected within 15 business days of written notice bars an action on that posting.

Va. Code § 40.1-28.7:12(B) · Va. Code § 40.1-28.7:12(B)(5) · 2026 Va. Acts c. 996 (S.B. 215), approved April 22, 2026; identical c. 1063 (H.B. 636) · Va. Code § 40.1-2 (definition of employer)

Cannabis use and testing

Who it covers: Private employers (per § 40.1-2) plus the Commonwealth and its localities and agencies; excludes law-enforcement officers.

In force since: July 1, 2021

An employer may not discharge, discipline, or discriminate against an employee for lawful use of cannabis oil under a valid written certification from a practitioner for a diagnosed condition. Employers may still act on work impairment, prohibit possession during work hours, and follow federal law or federal contract and funding requirements. No protection for recreational use and no limit on pre-employment THC testing.

Exceptions

• Adverse action for work impairment caused by cannabis oil; prohibiting possession during work hours.
• Acts that would violate federal law or cost a federal contract or federal funding.
• Defense industrial base sector employers need not hire or retain anyone testing above 50 ng/ml THC (urine) or 10 pg/mg (hair).

Va. Code § 40.1-27.4(B)

Where federal law alone applies

We found no Virginia rule for private employers on these topics. The FCRA and other federal laws still apply.

• Credit checks
• Drug testing procedures
• State consumer reporting law

Coming changes

Laws already passed that take effect later.

• From July 1, 2027. Amended text of § 19.2-392.6(A) (automatic sealing of listed convictions) takes effect; it changes the reference to ‘a misdemeanor violation of former § 18.2-248.1’. Substantive scope is otherwise unchanged. 2026 Sp. Sess. I c. 1; Va. Code § 19.2-392.6
• From December 1, 2026. New version of § 19.2-392.2 (expungement of police and court records for charges not ending in conviction) takes effect. The employer rule in § 19.2-392.4 is not amended. 2026 Va. Acts c. 1127; Va. Code § 19.2-392.2

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Virginia requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Virginia sets these for each new hire.

• State withholding. Have each new hire complete Form VA-4 when employment begins; without it, withhold as if the employee claimed no exemptions. Form VA-4
• New hire report. Report each new hire to Virginia within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Paid family and medical leave notice (at hire and annually).

Build the new hire checklist for Virginia, with city rules, special cases and a due date for each item.

Sources

• Va. Code § 19.2-392.15(A)
• Va. Code § 19.2-392.4(A)
• Va. Code § 19.2-389.3 (repealed)
• Va. Code § 19.2-392.16(B)
• Va. Code § 19.2-392.5(D)
• Va. Code § 19.2-392.6(B)
• Va. Code § 19.2-392.6:1(A)
• Va. Code § 19.2-392.8(A)
• 2025 Va. Acts c. 671 (H.B. 2723), cl. 7 (amending 2021 Sp. Sess. I cc. 524, 542, cl. 4)
• Va. Code § 19.2-392.13 (permitted uses of sealed records)
• Va. Code § 40.1-28.7:12(B)
• 2026 Va. Acts c. 996 (S.B. 215), approved April 22, 2026; identical c. 1063 (H.B. 636)
• Va. Code § 40.1-2 (definition of employer)
• Va. Code § 40.1-27.4(B)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.