At-a-Glance Compliance Overview

State Mini-FCRA Laws

Virginia does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Virginia does not impose independent state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5), subject to record sealing restrictions.

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Record Sealing / Expungement

Virginia has historically offered limited expungement, but recent legislation significantly expands record sealing.

Relevant statutes include:

Va. Code Ann. §19.2-392.2 et seq. – Expungement (existing framework)
Va. Code Ann. §19.2-392.12 et seq. – Record sealing framework (effective July 1, 2026)

Law (Pre-2026)

Virginia currently allows expungement primarily for:

• arrests and charges not resulting in conviction
• acquittals or dismissals

Convictions are generally not eligible for expungement under current law.

New Law Effective July 1, 2026

Virginia will implement a comprehensive record sealing framework, including:

• eligibility for sealing certain misdemeanor convictions
• eligibility for sealing certain low-level felony convictions
• a combination of petition-based and automatic sealing mechanisms

Key Impact

• more records will be unavailable for background checks
• employers may see reduced visibility into criminal history over time
• screening programs may require recalibration of expectations and adjudication practices

Fair Chance / Ban-the-Box Law

Virginia has enacted a ban-the-box law applicable to public employers only.

Relevant statute:

Va. Code Ann. §2.2-1201.1

Key Requirements (Public Employers)

• criminal history inquiries are delayed until later in the hiring process
• background checks occur after the applicant is deemed qualified

Private employers:

• may inquire about criminal history at any stage of the hiring process
• are not subject to statewide timing restrictions

Credit Check Rules

Virginia does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis & Drug Testing Rules

Virginia permits both medical and recreational marijuana use and provides limited employment protections.

Employers are not required to accommodate marijuana use in the workplace, but:

• certain protections exist for medical marijuana users in limited circumstances
• adverse action solely based on lawful use may carry risk in specific contexts

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment

Pay Equity & Salary History Rules

Virginia has enacted a salary history ban and pay transparency law, effective in 2026.

Relevant statute:

Va. Code Ann. §40.1-28.7:12

Key Requirements

Employers may not:

• seek the wage or salary history of a prospective employee
• rely on wage or salary history in hiring or compensation decisions
• refuse to hire, interview, or retaliate against an applicant for declining to provide salary history

Pay Transparency Requirements

Employers must:

• disclose the wage, salary, or wage/salary range in:

• public job postings

• internal job postings

• establish compensation ranges in good faith, based on factors such as:

• pay scales

• compensation of comparable roles

• budgeted amounts

Limited Exception

If a candidate voluntarily discloses salary history:

• the employer may rely on it only to support a higher offer
• the employer may verify the information for that purpose
• any reliance must remain consistent with equal pay laws

Enforcement and Liability

Attorney General enforcement:

• civil penalties up to:

• $1,000 (first violation)

• $5,000 (subsequent violations)

Private right of action:

• applicants and employees may bring claims within 1 year
• remedies include:

• actual damages

• equitable relief

Cure Provision (Operational Detail)

For violations related to job postings:

• employers have 15 business days to cure after written notice
• timely correction bars private claims for those posting violations

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Virginia.

Key Statutes

• Public Sector Ban-the-Box – Va. Code Ann. §2.2-1201.1
• Expungement – Va. Code Ann. §19.2-392.2 et seq.
• Record Sealing (2026) – Va. Code Ann. §19.2-392.12 et seq.
• Pay Transparency / Salary History – Va. Code Ann. §40.1-28.7:12

Employer Compliance Checklist

Employers conducting background checks in Virginia should implement several compliance practices.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Understand that statewide fair chance timing requirements apply to public employers, not private employers.

• Ensure expunged and sealed records are not considered in employment decisions.

• Prepare for reduced access to criminal history as Virginia’s sealing laws take effect in 2026.

• Update job postings to include wage or salary ranges in compliance with the new law.

• Remove salary history questions from applications and hiring processes.

• Train recruiters and hiring managers on compensation-related restrictions.

• Evaluate use of credit information for job-relatedness and compliance with employment laws.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.