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Virginia background check laws for employers

Virginia has no ban-the-box law for private employers; its ban-the-box statute covers state agencies only. Employers may not require applicants to disclose expunged or sealed records, and old simple marijuana possession records are now sealed. Background check companies must delete sealed Virginia records and add a dated notice to every Virginia criminal record they report.

Order a background check in Virginia: $35 Standard or $70 Premium. Checkr emails the person a secure link to sign the disclosure and consent; nothing runs before they do. Orders are taken now and start when Pact's Checkr account opens; Checkr then emails the person. Order a background check · $40 drug test · 901-666-6970

Have a whole roster to keep current every month? DOT fleets: Pact's monthly DOT program, $25 a driver a month ($99 minimum), or $19 a month for an owner-operator. Nursing homes, hospice and home care: staff credential tracking, $10 a staff member a month ($250 minimum). First month free.

Fair-chance hiring (criminal history)

State consumer report rules

How far back a report can go

Credit checks

Also good to know

Common questions

Can Virginia employers run a background check?

Virginia has no ban-the-box law for private employers; its ban-the-box statute covers state agencies only. Employers may not require applicants to disclose expunged or sealed records, and old simple marijuana possession records are now sealed. Background check companies must delete sealed Virginia records and add a dated notice to every Virginia criminal record they report.

Does Virginia have a ban-the-box law for private employers?

Virginia's ban-the-box law covers only state agencies, not private employers (Va. Code § 2.2-2812.1).

How far back does a background check go in Virginia?

Employers may not require an applicant to disclose an expunged arrest, charge, conviction, or civil offense (Va. Code § 19.2-392.4(A)).

Can Virginia employers run credit checks on applicants?

No Virginia statute limiting employer use of credit reports was found in the state's employment law chapter (Va. Code Title 40.1, ch. 3).

Some rules for Virginia weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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