Richmond Background Check for Employment: A Complete Guide [2025]

Businesses in Richmond rely on background checks to make confident hiring decisions and stay compliant with both Virginia and federal employment laws.

At iprospectcheck, we provide fast, precise background screening services tailored to meet the needs of employers across Richmond and the entire state.

This guide highlights the key laws, requirements, and best practices for running employment background checks specifically in Richmond.

What is an Employment Background Check in Richmond, VA?

An employment background check in Richmond looks into a candidate’s criminal history, work experience, academic background, professional credentials, and other key records to help employers evaluate their qualifications for the job.

Why Do Local Employers Run Background Checks?

Businesses throughout Virginia use background checks to validate candidate information and make hiring choices based on verified facts, not just what’s written on a resume.

Here are key reasons why employers based in the area rely on employment background screenings:

1. Maintain a Safe Workplace

Checking criminal records helps identify any past behavior that could pose a risk to coworkers, clients, or the public.

This step plays a vital role in creating a secure work environment.

2. Encourage Fair and Consistent Hiring

Using the same screening standards for all candidates promotes transparency and fairness.

It also helps minimize unconscious bias and can lower the risk of discrimination claims.

3. Comply with Legal and Industry Regulations

Local employers must follow federal laws, Virginia state statutes, and any local ordinances related to hiring practices.

Some industries require specific screening procedures.

For instance:

• Employers regulated by the S. Department of Transportation (DOT) must conduct DOT background checks, DOT drug testing, and DOT physicals for safety-sensitive roles.
• The City of Richmond requires background checks for many municipal roles. These may include criminal history, motor vehicle records (CDL if applicable), education and license verification, and checks through sex offender or child protective services registries.
• Virginia Commonwealth University (VCU) requires background checks, including multi-state criminal background checks and sex offender registry searches, for staff, with additional verifications (like education or prior employment) depending on the role.

4. Limit Negligent Hiring Risks

Failing to properly vet candidates can lead to costly legal consequences if a hire causes harm.

Running thorough background checks shows due diligence and helps protect your business.

5. Safeguard Sensitive Information

Roles in sectors like healthcare, finance, and legal fields often involve access to private data.

Background checks help confirm a candidate’s trustworthiness before giving them that responsibility.

6. Protect Your Brand and Public Image

Employees are often the face of your company.

Screening applicants helps avoid hiring individuals whose past actions might damage your reputation.

How to Conduct Employment Background Checks in Richmond

1. Establish a Background Screening Policy

Begin by creating a detailed policy that outlines how and when background checks will be used during the hiring process.

Make sure it aligns with federal regulations, Virginia state laws, and any Richmond-specific requirements.

Identify which roles require screening and what types of checks will be performed.

2. Train HR and Hiring Staff

Ensure your team understands how to legally and consistently conduct background checks.

Training should cover consent procedures, report handling, and how to interpret findings without bias.

3. Provide Disclosure and Get Written Authorization

Before ordering a background check, give applicants a standalone disclosure explaining what the check involves.

Then, secure their written permission, as required by the Fair Credit Reporting Act (FCRA).

4. Partner with a Reputable Screening Provider

Work with a trusted background check company like iprospectcheck that provides reliable, fast, and legally compliant results tailored to your hiring needs.

5. Choose the Right Timing for the Background Check

Under Executive Order 41, Virginia state agencies are prohibited from asking about a candidate’s criminal history on job applications.

Similarly, the City of Richmond follows a local policy that bars its public employers from including criminal background questions during the initial application stage, except for exempt positions.

To stay aligned with these policies and promote fair hiring, delay criminal history inquiries until after an interview or a conditional job offer.

6. Align Screenings with Job Duties

Customize the scope of each background check based on the role.

For example, only include a driving record review if the position involves operating a vehicle.

7. Keep Candidates Informed

Maintain transparency throughout the process.

Let applicants know what to expect, and communicate the outcome once the report is reviewed, whether you’re moving forward or need to discuss any findings.

8. Consider Criminal Records in Context

If a background check reveals a conviction, take time to evaluate its relevance to the position, the time passed, and whether it poses any safety concerns.

Follow federal and state guidelines for individualized assessments.

9. Follow the FCRA’s Adverse Action Process

If you decide not to hire someone due to background check findings, you must complete the FCRA’s three-step adverse action process:

• Pre-Adverse Action Notice – Share a copy of the report and explain what issue raised concern. Include the form “A Summary of Your Rights Under the FCRA.”
• Give Time to Respond – Give the applicant an opportunity to dispute or explain any findings in the report.
• Final Adverse Action Notice – If the decision remains unchanged, send a final notice along with a summary of their rights under the FCRA.

What Shows Up on a Richmond Background Check?

The information found on a background check depends on the specific screenings requested.

Most Richmond employers request:

Criminal History

If a candidate has a criminal record, the report may include:

• Case number
• Court jurisdiction
• Date of the offense
• Description of the charges
• Classification (felony or misdemeanor)
• Case outcome and disposition date
• Sentencing details (if applicable)

Virginia law restricts how sealed or expunged records can be considered during hiring.

Employment Verification

This screening verifies past work experience, including:

• Names and locations of previous employers
• Dates of employment
• Job titles and responsibilities

Education Verification

This check confirms that the applicant meets the educational requirements for the position and may include:

• School names and addresses
• Enrollment periods
• Degrees, diplomas, or certifications awarded

Professional License Verification

For roles that require licensing, this check verifies credentials and may include:

• Licensee’s name
• License number and type
• Current status (active, inactive, or restricted)
• Issuing board or authority
• Dates of issuance and expiration
• Any disciplinary actions or suspensions

Identity Verification

Identity checks confirm key personal information, such as:

• Full legal name and known aliases
• Residential history
• Date of birth

These details help ensure the background check matches the correct individual.

Motor Vehicle Records (MVR) Check

For positions that involve driving, an MVR check may include:

• Driver’s license number and classification
• Issue and expiration dates
• Name and address listed on the license
• History of traffic offenses, DUIs, or major violations
• Any license suspensions or revocations

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

The FCRA sets national standards for how consumer reporting agencies (CRAs) collect, handle, and share personal background information.

It also outlines the responsibilities employers must follow when using these reports during the hiring process.

For roles that pay less than $75,000 per year, background checks generally cannot include:

• Arrests older than seven years that didn’t result in a conviction
• Paid tax liens
• Civil lawsuits or judgments
• Chapter 13 bankruptcies (Chapter 7 bankruptcies may appear for up to 10 years)
• Accounts that were sent to collections

Before conducting a background check, employers are required to:

• Provide a standalone disclosure explaining the background screening
• Obtain the applicant’s written consent

If an employer decides not to move forward based on the background check, they must:

• Share a copy of the report and issue a pre-adverse action notice
• Give the applicant time to dispute or clarify any findings
• Send a final adverse action notice if the decision remains unchanged

Fair Chance to Compete for Jobs Act (FCA)

The FCA applies to federal employers and contractors.

It requires them to wait until after making a conditional job offer before inquiring about a candidate’s criminal background.

Violations may result in penalties, including disqualification from federal contracts.

Title VII of the Civil Rights Act of 1964

Title VII makes it illegal to base employment decisions on race, color, religion, sex, or national origin.

The Equal Employment Opportunity Commission (EEOC) enforces this law and provides guidance on how to fairly consider criminal records during hiring.

When a background check uncovers a criminal offense, employers should:

• Assess whether the offense is relevant to the position
• Take into account how much time has passed
• Evaluate any safety concerns related to the job

Automatically rejecting applicants with a criminal history can lead to discrimination complaints.

State Laws

Social Media Checks in Virginia

Under Va. Code Ann. § 40.1-28.7:5, Virginia law restricts what employers can ask regarding a candidate’s or employee’s social media accounts.

Employers cannot:

• Request usernames or passwords for personal social media accounts
• Ask applicants or employees to add supervisors or the company to their contact lists
• Refuse to hire, discipline, or take retaliatory action against an applicant or employee for exercising their rights under this law

However, employers are allowed to review social media content that is publicly available.

Employers to Pay for Pre-Employment Medical Examinations

According to Va. Code Ann. § 40.1-28, employers are not allowed to require applicants or employees to pay for medical exams needed as part of the hiring process or as a condition of employment.

Any employer that violates this rule may face civil penalties per violation.

Virginia’s Ban-the-Box Law

In 2015, Virginia’s governor issued Executive Order 41, which prohibits public employers from asking about criminal convictions or arrests on job applications.

Background checks must be postponed until after the applicant has been found to be otherwise qualified for the position.

Marijuana Criminal Record Exclusion

Under Va. Code Ann. § 19.2-389.3, passed in July 2020, prohibits both public and private employers in Virginia from inquiring about arrests or convictions related to simple possession of marijuana.

Applicants may legally exclude this information when answering criminal history questions on job applications.

This law will be repealed as of July 1, 2026, and will be replaced by the state’s new record-sealing law.

Medical Cannabis Use and Employment

Va. Code Ann. § 40.1-27.4 protects employees who lawfully use medical cannabis oil.

Employers are not allowed to discipline or fire someone solely for this lawful use.

However, if an employee is impaired by cannabis while on the job, disciplinary action is permitted.

E-Verify Participation Requirement for State Agencies and Contractors

Under Va. Code § 40.1-11.2, all state agencies must participate in the E-Verify program to confirm their applicants’ legal authorization to work.

Under Va. Code § 2.2-4308.2, companies with 50 or more employees that contract with a state agency must also participate in E-Verify.

If they don’t, they can be debarred from state contracts for up to 12 months or until they enroll in E-Verify.

Background Checks and Drug Policy Requirements for Home Health and Hospice

Per Va. Code § 32.1-162.9:1, licensed and unlicensed home health agencies and licensed hospice agencies must conduct pre-employment criminal background checks.

They must also establish drug-free workplace policies, which may include drug testing.

Virginia Record Sealing Law

Under Va. Code § 19.2-392.5, eligible individuals can petition the court to seal certain criminal conviction records.

If a record is sealed, it may not be disclosed in employment background checks.

It’s important to note that not all convictions are eligible for sealing.

Prohibition Against Inquiring About Expunged Records

Under Va. Code § 19.2-392.4, employers are prohibited from asking applicants to disclose information about any arrest, charge, or conviction that has been expunged.

An employer that violates this law can be convicted of a Class 1 misdemeanor for each violation and face significant penalties.

Richmond Ban-the-Box Policy

In 2013, the City of Richmond adopted a ban-the-box ordinance that applies to public employment.

This policy prohibits city departments from including questions about an applicant’s criminal history on the initial job application.

Under this ordinance:

• Criminal background checks may only be conducted after the applicant has been deemed otherwise qualified for the position.
• City agencies are not allowed to disqualify a candidate solely because of a prior conviction unless it is directly relevant to the job.

Exceptions apply to roles where state or federal law requires disqualification based on certain criminal convictions.

Get a Richmond Background Check with iprospectcheck

Industries in Richmond, including healthcare, education, finance, and public services, must meet strict compliance standards during the hiring process.

At iprospectcheck, we provide quick, accurate, and fully compliant background screening solutions tailored to your specific needs.

Our detailed reports help you make informed hiring decisions while staying compliant with Virginia state and federal laws.

To learn more or request a free quote, call us at 888-509-1979 today.

DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.