State LawsVirginia

Virginia Background Checks

A guide to Virginia background checks

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.

  • FCRA
  • Ban-The-Box

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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 & Fair Hiring Laws


Who must follow: This ban-the-box executive order 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.


See which Virginia counties and cities have local ban-the-box and fair hiring laws.