Virginia Background Check for Employment: A Complete Guide [2026]

Virginia employers depend on reliable, qualified employees to drive business success.

Running thorough background checks before hiring helps businesses make smart decisions and follow state and federal rules.

At iprospectcheck, we provide fast, accurate, and fully compliant background screening solutions for companies in Richmond, Arlington, and across Virginia.

This guide covers key requirements and best practices for conducting employment background checks to help you streamline your hiring process while ensuring compliance.

What is a Virginia Employment Background Check?

A Virginia employment background check inspects a candidate’s criminal history, education, work experience, professional licenses, and other essential details to assess their qualifications for a position.

Employers across Virginia use these screenings to verify applicant information and make hiring decisions based on accurate, reliable data rather than just resume claims.

Why Should Local Employers Run Background Checks?

1. Ensure Workplace Safety

Background checks help Virginia businesses identify potential risks by revealing criminal records or past behaviors that may pose safety concerns for employees, clients, and the public.

Screening candidates for relevant offenses helps create a safer work environment.

2. Support Fair Hiring Practices

A standardized background check process ensures all candidates are evaluated fairly, reducing the risk of unconscious bias in hiring decisions.

Consistent screening procedures promote equal employment opportunities while minimizing legal risks.

3. Comply with Regulations

Virginia employers must adhere to federal, state, and industry-specific background check laws.

For example, companies regulated by the U.S. Department of Transportation (DOT) must conduct DOT background checks and DOT drug testing for safety-sensitive positions.

4. Reduce Negligent Hiring Risks

Employers who fail to properly vet candidates may face legal liability if an unverified hire causes harm in the workplace.

Comprehensive background screenings demonstrate due diligence and help protect businesses from negligent hiring lawsuits.

5. Build Trust with Clients

Many industries in Virginia, such as finance, healthcare, and legal services, require employees to handle sensitive customer information.

Background checks help employers verify a candidate’s integrity and ensure they can responsibly manage confidential data, reducing the risk of fraud or security breaches.

6. Protect Corporate Reputation

Employees represent their company, particularly in public-facing roles.

Thorough background screenings help employers avoid hiring individuals with a history of misconduct that could damage the company’s reputation or erode customer trust.

What Shows Up on a Virginia Background Check?

Most employers in Virginia request information about applicants’ criminal history, employment history, and educational qualifications and history.

Depending on the specific position, others might ask for additional types of background information.

Criminal History Information

If an applicant has a reportable criminal record, you should be able to see the following type of information:

• Criminal case number
• Jurisdiction
• Date of the offense
• Nature of the charges
• Classification level (misdemeanor or felony)
• Case disposition
• Disposition date
• Sentence (if applicable)

Employers should not automatically disqualify candidates based on criminal records.

Each case should be assessed in relation to the job’s responsibilities and workplace safety to ensure fair and compliant hiring decisions.

Additionally, consumer reporting agencies (CRAs) are prohibited from disclosing sealed, expunged, or pardoned records.

Education Verification

Education verification confirms that candidates meet the required academic qualifications for a position.

This screening includes:

• Institution name(s) and location(s)
• Enrollment periods
• Degrees or diplomas earned

By verifying educational credentials, employers can ensure that applicants have accurately represented their academic backgrounds.

Employment Verification

Employment verification validates a candidate’s work experience by confirming:

• Company names and locations
• Employment start and end dates
• Job titles and positions held

This screening helps employers ensure that candidates have accurately reported their work history and identify any unexplained employment gaps.

Professional License Verification

For positions requiring certification or licensure, professional license verification confirms key details, including:

• License validity
• License type
• License number
• Licensee’s name
• Issuing organization
• Issuance and expiration dates
• Public disciplinary records

This process ensures that candidates in regulated industries possess the proper credentials for their roles.

Identity Verification

Identity verification confirms a candidate’s identity and provides jurisdictional insights for additional screenings by verifying:

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

This check ensures that background screenings are conducted on the correct individual, reducing the risk of errors or misidentification.

Motor Vehicle Records (MVR) Check

MVR background checks offer valuable insights into a candidate’s driving history by verifying:

• Driver’s license number
• License class
• Issuance and expiration dates
• Legal name and registered address
• Traffic infractions and major traffic offenses
• License suspensions or revocations

For positions that involve driving, MVR checks help ensure that candidates are safe, responsible drivers and meet insurance eligibility requirements.

Important Laws and Regulations

Federal Laws

Fair Credit Reporting Act (FCRA)

First enacted in 1970, the Fair Credit Reporting Act or FCRA is enforced by the Federal Trade Commission.

This law includes comprehensive rules governing employers’ hiring practices in the U.S. and was designed to guarantee that consumer information held by consumer reporting agencies is fair, accurate, and protected.

The FCRA includes a seven-year rule that prohibits CRAs from reporting the following information for jobs paying less than $75,000 when it’s seven or more years old:

• Arrests not culminating in convictions
• Paid tax liens
• Chapter 13 bankruptcies (Chapter 7 can be reported for 10 years)
• Civil lawsuits
• Civil judgments
• Debt collections

This rule doesn’t restrict CRAs from reporting this information for jobs paying more than $75,000 and also doesn’t prevent convictions from being reported regardless of age.

The FCRA provides a standard that employers must follow in how they collect and use consumer information.

The FCRA mandates employers to provide a notice to applicants that they intend to conduct background checks. They must then obtain written authorizations from applicants before they conduct the pre-employment background checks.

If an employer decides to make an unfavorable hiring decision based on the information revealed on a background check, the FCRA has stringent protocols in place for how the situation must be handled.

At iprospectcheck, you can rest easy knowing we comply with all FCRA regulations.

Title VII of the Civil Rights Act of 1964

Several laws prohibiting discrimination are enforced by the Equal Employment Opportunity Commission (EEOC), including Title VII of the Civil Rights Act of 1964. This law prohibits employment discrimination based on the protected characteristics of applicants and employees.

When a background check reveals criminal history information, EEOC guidance for employers states that they must individually assess the information in relation to the specific positions for which the applicants are being considered and workplace safety before they make final decisions not to hire based on convictions.

Fair Chance to Compete for Jobs Act

The Fair Chance to Compete for Jobs Act (FCA) is a federal law that applies to companies seeking federal contracts and the federal agencies that extend them.

Under the FCA, a federal contractor or federal agency must wait to inquire about an applicant’s criminal history until they have extended contingent job offers.

Federal agencies are not allowed to contract with companies that violate the FCA by inquiring about criminal history before making job offers.

State Laws

Social Media Checks in Virginia

Under Va. Code Ann. § 40.1-28.7:5, employers cannot do the following things regarding the social media accounts of employees or prospective employees:

• Require the applicant or employee to provide their social media account username and password
• Require the applicant or employee to add the supervisor or employer to his or her contact list
• Threaten to discharge, penalize, or refuse to hire an employee or applicant because they exercised their rights under the social media law

Employers are not prohibited from viewing publicly available social media information, however.

Employers to Pay for Pre-Employment Medical Examinations

Under Va. Code Ann. § 40.1-28, employers are prohibited from requiring job applicants to pay for pre-employment medical examinations as a condition of employment.

Employers that violate this law are subject to a civil penalty assessed per violation.

Virginia’s Ban-the-Box Law

In 2015, the governor issued Executive Order 41, which prohibited public employers from asking about criminal convictions and arrests on applications.

Marijuana Criminal Record Exclusion

In July 2020, the state enacted Va. Code Ann. § 19.2-389.3, which applies to public and private employers in the state.

This law prohibits employers from asking applicants about arrests or criminal convictions for simple possession of marijuana.

Applicants who are asked about criminal history information on their applications are allowed to exclude any information about simple marijuana possession arrests or convictions on their applications.

Lawful Use of Medicinal Cannabis

Under Va. Code Ann. § 40.1-27.4, employers are prohibited from disciplining or terminating employees for lawfully using medicinal cannabis oil.

However, employers may terminate or otherwise discipline employees who are under the influence of cannabis while on duty.

Virginia Record Sealing Law

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

If the court grants the petition, the sealed record can’t be reported on background checks.

Not all convictions can be sealed, however.

Local Laws

Local Ban-the-Box Laws

Numerous counties and cities have implemented local ban-the-box rules that apply only to public employers, including:

• Alexandria – Background checks must wait until after a conditional employment offer
• Arlington County – Background checks are required for all positions, but no criminal history inquiries until after the initial interview
• Blacksburg – No criminal history questions on applications; background checks must wait until the candidate is selected as a finalist
• Charlottesville – No criminal history inquiries on applications; Background checks must wait until later in the hiring process but can occur pre-offer
• Danville – No criminal history questions on applications and background checks must wait until after a conditional employment offer
• Fairfax County – No criminal history questions on applications; Background checks after conditional job offers
• Fredericksburg – No criminal history questions on applications; Background checks after conditional job offers
• Harrisonburg – No criminal history questions on applications; Background checks after conditional job offers
• Henry County – No criminal history questions on applications
• Montgomery County – No criminal history questions on applications except for sensitive positions
• Newport News – No criminal history questions on applications except for sensitive positions
• Norfolk – No criminal history questions on applications except for sensitive positions
• Petersburg – No criminal history questions on applications except for sensitive positions; Background checks only after conditional employment offer
• Portsmouth – No criminal history questions on job applications
• Prince William County – No criminal history inquiries until after the interview process
• Richmond– No criminal history questions on job applications except for exempt positions
• Roanoke – No criminal history questions on job applications
• Staunton – No criminal history questions on job applications
• Virginia Beach – No criminal history questions on job applications; Background checks are required for all jobs, but must wait until after conditional employment offers have been made

It’s important to note that each of these local ban-the-box laws only applies to public employers.

However, private employers should keep current with local laws to watch for any laws that might be passed.

How to Get a Background Check in Virginia

1. Create a Compliant Background Check Policy

Before you conduct background checks, create a background check policy that complies with federal, state, and local background check laws.

Include the steps HR should take before, during, and after the background check process.

Discuss the types of searches that will be performed for different jobs based on their duties and authority level.

2. Train HR Personnel

Train the HR personnel who will conduct background checks.

Make sure they understand their legal requirements to avoid unconscious bias.

3. Adhere to Notice and Consent Requirements

The FCRA requires employers to notify applicants in writing that they conduct background checks.

This notice must be on a standalone form without other information included.

You must also obtain an applicant’s written consent before beginning a background check.

4. Choose a Reliable Provider

Choose a background check company like iprospectcheck that is reliable and returns comprehensive, current, accurate, and FCRA-compliant reports.

5. Select Your Searches

Select the searches you will run based on the job and its level of authority.

Tailored background checks allow you to pay for the information you need rather than irrelevant reports.

6. Review and Communicate the Results

Review the background check report carefully when you receive it.

If you want to move forward with the candidate, communicate the results and schedule their onboarding.

If you find something that concerns you in a background check, proceed with the following steps.

7. Individually Assess Conviction Records

An applicant’s conviction should not be treated as an automatic bar to employment.

Instead, you should individually assess it as it relates to the job’s duties and workplace safety.

8. Complete the Adverse Action Process

Before you decide not to hire someone based on information you’ve learned in a background check, you must complete the following adverse action steps:

• Send a pre-adverse action notice – Send a letter that includes the troubling information and include a copy of the report that contains it.
• Give a reasonable response time – Give the applicant time to respond with evidence of the information’s inaccuracy or the candidate’s rehabilitation (usually five days).
• Send a final adverse action notice – If you make a final decision not to hire the applicant based on information in the background check, send a final adverse action letter with a copy of their rights under the FCRA.

Get a Background Check with iprospectcheck

Partnering with iprospectcheck provides access to reliable databases and expert staff trained to collect and analyze crucial screening information. Our reports are accurate, up-to-date, and fully FCRA-compliant.

We handle all background checks in-house, never outsourcing overseas, ensuring data security and confidentiality.

For more information or a free quote, call us today: 888-509-1979.

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.