Virginia Background Check Laws
What are Virginia background check and ban-the-box laws?
We update this overview of Virginia background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
Fair Credit Reporting Act (FCRA)
In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.
BAN-THE-BOX AND FAIR HIRING LAWS
STATE LAWS — PUBLIC AND PRIVATE COMPANIES
Who must follow: This ban-the-box law applies only to public-sector employers for the State of Virginia (all agencies, boards, and commissions within the executive branch of government subject to the authority of the Governor).
Timing of inquiry: Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed “otherwise eligible” and is being considered for a specific position.
Adverse action implications:
- Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES
See which Virginia counties and cities have local ban-the-box and fair hiring laws.