Virginia’s proximity to Washington, D.C., along with the various local jurisdictions and state regulations, creates a complex environment for employers when it comes to pre-employment background checks. Understanding these intricacies, and partnering with a reputable consumer reporting agency, can streamline the hiring process while ensuring compliance with all relevant regulations.

Employers in Virginia have the right to conduct background checks to evaluate the qualifications and background of job candidates or potential volunteers. However, they must also navigate federal, state, and local laws that regulate when and how background checks can be performed, including restrictions on criminal background inquiries and the information that can be considered during hiring.

This guide explores the components of a background check in Virginia, the timeframe for investigations, state laws influencing the screening process, and resources to help employers navigate the regulations at both the state and local levels.

What Is a Virginia Background Check?

A Virginia background check involves several screening reports that collect information on a job candidate or volunteer. These reports may include details about the candidate’s criminal record, education, work history, driving record, credit history, and more.

Certain types of background checks are legally required in Virginia. For instance, individuals applying for jobs in public and private schools must undergo fingerprint-based criminal background checks from the Virginia State Police and FBI. Additionally, employers of commercial drivers regulated by the U.S. Department of Transportation (DOT) must review a candidate’s Motor Vehicle Records (MVR) reports before hiring and on an annual basis.

Even when not mandated by law, background checks are a valuable tool for employers in making informed hiring decisions—whether to ensure safe driving, protect vulnerable populations, safeguard financial interests, or maintain workplace security.

Though employers can conduct background checks independently, many choose to partner with a professional consumer reporting agency (CRA) like Identify Background Checks. CRAs have access to numerous databases and use networks of court runners to provide accurate and timely reports, saving employers time and money. CRAs also assist with ensuring compliance with various laws.

Common Virginia Background Checks

Virginia employers use a range of background checks depending on the position, industry, and organizational policy. Below are several commonly used screenings:

• Criminal Background Checks
• Education, Licensing, and Employment Verification
• Credit Reports
• Motor Vehicle Record (MVR) Checks
• Sex Offender Registry Searches
• Global Watch List Inquiries

To stay compliant with federal, state, and local regulations, it’s advisable to work with a qualified screening provider that offers comprehensive background checks.

Types of Criminal Background Checks in Virginia

Criminal background checks in Virginia typically involve searches across multiple levels—federal, state, and county. Each type of search provides a different scope of information:

• National Criminal Background Check
  This search scans databases nationwide, often requiring further investigation into specific state or county records when a match is found.

• Federal Criminal Background Check
  This checks records of federal crimes within U.S. district and appellate courts.

• Statewide Criminal Background Check
  A statewide search within Virginia includes state courts, police records, and other law enforcement databases.

• County Criminal Background Check
  County-level checks offer the most detailed information on criminal charges, dispositions, and sentencing. For individuals who have lived or worked in multiple areas, multiple county checks may be required.

Virginia State Police Background Check

Employers in Virginia can directly request a criminal records check from the Virginia State Police, which maintains a centralized database of criminal records. The Central Criminal Records Exchange (CCRE) processes criminal background checks for a variety of organizations, including law enforcement, civil service groups, and private employers.

Approved entities (e.g., childcare providers, healthcare facilities) may request name-based criminal records searches, which reveal only conviction information. Other organizations, like foster care agencies or security firms, can request more comprehensive records, including pending charges or dismissed cases. The Virginia State Police also provides fingerprint-based state and federal (FBI) background checks upon request.

Virginia Credit Checks

Credit checks may be conducted by employers to examine financial behaviors, including bankruptcies, collections, loan defaults, and overall credit history. These checks are typically relevant for roles involving financial management, handling sensitive information, or overseeing client accounts. Employers may incorporate credit checks as part of a comprehensive pre-employment background screening through a CRA.

How Far Back Does a Background Check Go in Virginia?

The time period covered by background checks in Virginia depends on the type of check being performed. For instance:

• Education and Employment History: Employers may verify as far back as needed for verification purposes.
• Motor Vehicle Records (MVR): Typically provide up to seven years of driving history in Virginia.

Virginia does not impose a state-mandated limitation on how far back employers can check criminal history. Felony and misdemeanor convictions, along with arrests, can remain on an individual’s criminal record indefinitely. However, federal guidelines under the Fair Credit Reporting Act (FCRA) impose certain limitations:

• Arrests and Non-Convictions: Cannot be reported for employment purposes if they occurred more than seven years ago.
• Bankruptcies: Cannot be reported if they occurred more than ten years ago.
• Civil Suits, Judgments, and Collections: Cannot be reported after seven years.

Notably, the FCRA’s seven-year limitation does not apply to individuals seeking positions with an annual salary exceeding $75,000.

Virginia Background Check Laws

Several laws govern employment background checks in Virginia:

• Virginia Code § 18.2-250.1
  Employers are prohibited from asking about arrests or convictions related to the possession of marijuana. Applicants have the right to omit this information.

• Virginia Code § 40.1-28.7:5
  Employers cannot require applicants or employees to provide their social media usernames or passwords, nor can they request access to social media accounts.

• Virginia Code § 19.2-392.2
  Employers are prohibited from requesting information on expunged or pardoned criminal records.

Ban-the-Box Laws

Virginia’s Ban-the-Box laws restrict when and how employers can inquire about an applicant’s criminal history:

• Virginia Code § 15.2-1505.3
  Public sector employers cannot ask about criminal history on job applications or before an initial interview. Some exceptions exist, particularly for law enforcement roles and positions with local school boards.

• Executive Order No. 41
  Public sector employers within the executive branch must refrain from asking about criminal history until a candidate is considered eligible for employment. They must also conduct individualized assessments before making final hiring decisions.

Localities within Virginia may have their own Ban-the-Box laws, which may further restrict when criminal background inquiries can be made.

Compliance with the FCRA

Employers working with a CRA must comply with federal regulations under the FCRA. This includes obtaining written consent from applicants before conducting background checks and following the “adverse action” process if a background check leads to a hiring decision being negatively impacted. If adverse action is taken, the applicant must be provided with a copy of the report, the name and address of the reporting agency, and information on how to dispute inaccuracies in the report.

Conclusion

By staying informed about Virginia’s background check laws and partnering with a reliable CRA, employers can ensure they conduct legal, fair, and efficient background screenings that protect their interests while maintaining compliance with state and federal laws.