How does a criminal record affect employment in Virginia
If you have a criminal record in Virginia, you may already know it can surface during background checks and influence hiring decisions. Many employers review criminal history as part of the application process, and a conviction—even a misdemeanor—can raise questions about trustworthiness and reliability. Virginia law does not generally prohibit private employers from considering criminal records, though some protections exist under federal statutes like the Fair Credit Reporting Act (FCRA). This page explains what employers can learn about your record, how Virginia’s expungement and record‑sealing framework may help, and practical steps you can take to address a criminal history before your next job search. If you are concerned about a specific record, speaking with an experienced attorney can help you understand your options. To request a consultation with Law Offices Of SRIS, P.C., call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Employers Can See on a Virginia Background Check
When you apply for a job in Virginia, an employer may order a background check that pulls information from several sources. The most common is a commercial background‑screening company that compiles reports from state criminal records, federal databases, and sometimes county‑level court files. In Virginia, the Virginia State Police Central Criminal Records Exchange is the primary repository for in‑state conviction data. A typical report can include arrests that led to a conviction, pending charges (depending on the report’s scope), and dispositions. Non‑convictions—such as acquittals, nolle prosequi, or dismissals—do not always appear, but they can surface if the reporting agency has not updated its files.
Employers who conduct background checks through third‑party companies must follow the federal FCRA. The FCRA gives you the right to receive a copy of the report, to dispute inaccurate information, and to be notified before an employer takes an adverse action based on the report. Some employers, especially those in regulated industries like finance, healthcare, or childcare, are also subject to state‑specific rules that may require additional disclosures. Virginia law does not have a broad “ban‑the‑box” statute for private employers, although state‑government hiring practices have moved toward delaying criminal‑history inquiries until later in the process. Whether a particular record will appear and what an employer may do with it depends heavily on the employer’s own policy and the nature of the offense.
Virginia Expungement and Record Sealing Laws
Virginia has two primary mechanisms for limiting public access to a criminal record: expungement and record sealing. Under Virginia Code § 19.2‑392.2, a person who receives an acquittal, a nolle prosequi, or whose charge is otherwise dismissed may petition the circuit court in the city or county where the case was heard to have the related police and court records expunged. If granted, the records are removed from public access, though they remain available to law enforcement. Expungement under this section is generally limited to non‑convictions.
In 2021, Virginia enacted a separate record‑sealing framework found in Virginia Code §§ 19.2‑392.5 through 19.2‑392.16. This framework will—once fully implemented—automatically seal certain misdemeanor convictions, dismissals, and acquittals after a set period without the need for a court petition. The implementation schedule is phased and requires completion of the necessary technology infrastructure. As of now, some parts of the automatic sealing provisions are not yet operational, but the law represents a significant shift toward reducing the long‑term employment impact of older, lower‑level offenses. Individuals who currently want to seal or limit access to a conviction may still need to explore other avenues, such as a pardon or an expungement of a non‑conviction if eligible.
How a Criminal Record Can Affect Job Applications
Employers are generally free to consider a criminal record when making hiring decisions, provided they do not run afoul of anti‑discrimination laws. The Equal Employment Opportunity Commission (EEOC) has taken the position that blanket policies excluding all applicants with a criminal record can have a disparate impact on protected groups, and therefore employers should conduct an individualized assessment. Virginia has not adopted its own parallel standard, but larger employers often follow the EEOC guidance. In practice, how a record affects your application depends on the type of offense, how much time has passed, and the direct relationship between the offense and the job duties.
A felony conviction can be particularly damaging for positions that require trust, handling of money, or interaction with vulnerable populations. Misdemeanor convictions—especially those involving dishonesty, violence, or drugs—can also raise concerns. Certain professional licenses and certifications in Virginia require disclosure of criminal history, and a conviction may delay or prevent licensure. However, some Virginia employers will consider evidence of rehabilitation, such as steady work history or completion of educational programs, when evaluating a candidate. Being prepared to address your record honestly and to explain the steps you have taken since the conviction can often make a difference.
Steps to Address Your Criminal Record Before Job Hunting
Before you start your job search, it is wise to order a copy of your own background check from a consumer reporting agency so you know exactly what employers will see. Under the FCRA, you are entitled to one free annual report from the major agencies. Once you have the report, you can identify any inaccuracies and take steps to correct them. If you have eligible non‑convictions, you may be able to petition for expungement under § 19.2‑392.2, which can remove those entries from public view. For convictions, informal steps such as writing an explanatory statement and gathering character references can also help you respond to questions from a potential employer. Because the process can take time and involves navigating court rules, many people choose to consult with an attorney who concentrates in criminal record relief.
Frequently Asked Questions
What shows up on a background check in Virginia?
A Virginia background check typically includes convictions pending charges and in some cases dismissed or non‑adjudicated matters depending on the reporting agency’s records. The most common source is the Virginia State Police Central Criminal Records Exchange which compiles in‑state felony and misdemeanor conviction data. Commercial background screens may also pull from federal databases and individual circuit court files. Non‑convictions such as acquittals or nolle prosequi can appear unless they have been expunged.
Can I get my record expunged in Virginia?
Yes if your charge ended in an acquittal a nolle prosequi or a dismissal and you meet the other statutory requirements you may petition for expungement under Virginia Code § 19.2‑392.2. Expungement removes the related police and court records from public access but is generally unavailable for convictions. The procedure involves filing a petition in the circuit court of the jurisdiction where the case was heard and demonstrating that the continued existence of the record would cause a manifest injustice.
How long does a criminal record stay on my record in Virginia?
Without expungement or automatic sealing a Virginia criminal record remains indefinitely accessible to law enforcement and can appear in background checks indefinitely. There is no automatic expiration date for adult convictions. Virginia’s 2021 record‑sealing framework will eventually seal certain misdemeanors and dismissals automatically after a set period but full implementation is pending. For now the only way to remove a record from public view is through expungement for non‑convictions or through a pardon.
Will a misdemeanor affect my job prospects?
A misdemeanor conviction can affect your job prospects especially if the offense involves dishonesty violence or is otherwise relevant to the position. Employers often view misdemeanors less harshly than felonies but they still may raise concerns about reliability. Many background check policies treat all convictions similarly so an experienced attorney can help you frame your explanation during interviews and highlight your rehabilitation efforts.
Do I have to disclose a criminal record on a job application?
In Virginia private employers are not generally required to ask about criminal history but if they ask you must answer truthfully. Some job applications ask about convictions only while others ask about arrests as well. Providing false information can be grounds for termination if discovered later. If you are unsure about how to answer you may want to review the specific wording of the question and consider discussing it with an attorney.
What is Virginia’s record sealing law?
Virginia’s 2021 record‑sealing framework will automatically seal certain misdemeanor convictions dismissals and acquittals after a waiting period once the state’s information‑sharing system can support it. The law covers a range of offenses and is being implemented in phases. As of the current date some provisions are not yet operational but the long‑term goal is to reduce the employment barriers associated with older minor offenses. For immediate relief expungement under § 19.2‑392.2 remains the primary option for non‑convictions.
How does the Fair Credit Reporting Act protect me?
The FCRA requires background check companies to ensure the accuracy of the information they report and gives you the right to dispute errors and receive a copy of your report. If an employer intends to take adverse action based on a background report they must notify you and provide a summary of your rights under the FCRA. These federal protections apply regardless of the state where you reside and provide a crucial safeguard against inaccurate or outdated criminal history.
Can an employer deny me a job because of a criminal record in Virginia?
Yes in most cases a private employer in Virginia may deny a job based on a criminal record unless the decision violates federal anti‑discrimination laws or the FCRA. The EEOC has issued guidance discouraging blanket bans and recommending an individualized assessment that considers the nature of the offense the time elapsed and the job’s requirements. Some professions have specific statutory disqualification based on certain convictions but in general employers retain broad discretion.
What is a conditional offer of employment?
A conditional offer of employment is an offer that becomes final only after certain conditions such as passing a background check are satisfied. If you receive a conditional offer and the employer later revokes it based on your criminal record you still have rights under the FCRA to review the report and dispute inaccuracies before the final decision is made.
Should I speak with a lawyer about my criminal record before applying for jobs?
Yes consulting an attorney who handles criminal record relief can help you understand what employers will see on your background check and whether you may be eligible for expungement or sealing. An experienced lawyer can also advise you on how to address your record during the hiring process and represent you in petitions to clean up old records. To discuss your specific situation reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, Mr. Sris concentrates his practice in criminal defense and related matters, including record relief. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel team bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. Their work is handled collaboratively, drawing on the firm’s extensive familiarity with Virginia’s expungement and sealing procedures.
Related Resources
Learn more about our criminal defense and record‑relief services: Virginia Criminal Defense | Expungement and Record Sealing | Background Check Rights | Professional Licensing and Criminal Records | FCRA Disputes
For further official information, visit the Virginia Expungement Statutes and the Virginia Judicial System.
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