Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Virginia: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Virginia has no ban the box law for private employers. Employers may ask about criminal history on the initial job application. Virginia's ban the box provisions reach only state agencies and local government employers.
Criminal Record Lookback Period
Virginia has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Virginia has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Effective July 1, 2026, private employers not subject to federal hiring requirements may not require an applicant to disclose a sealed arrest, charge, or conviction, and applicants may lawfully omit them. If an application asks about criminal history, it must state that sealed records need not be disclosed. Willful violation is a Class 1 misdemeanor. Exceptions apply where law requires the inquiry, for national-security positions, and for law enforcement.
*Qualifying misdemeanors may be sealed after 7 years and eligible Class 5, Class 6, and larceny felonies after 10 years, with no disqualifying convictions in that period. Some seal automatically; most require a petition.
Salary History Ban
Effective July 1, 2026, Virginia employers may not seek an applicant's wage history or rely on it in hiring or setting pay, and may not retaliate against an applicant who declines to provide it or asks for a wage range. If an applicant volunteers wage history unprompted, the employer may use it only to support a higher wage, and only where allowed by Virginia's equal pay law. The law applies to all employers. The Attorney General may seek civil penalties up to $1,000 for a first violation and $5,000 after; an aggrieved person may also sue within 1 year for actual damages.
Credit Report Restrictions
Virginia does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Virginia has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Virginia has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Virginia has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Recreational marijuana is legal in Virginia, but employers may still test for marijuana and take adverse action based on use or a positive test. Virginia protects only registered medical cannabis oil patients, prohibiting employers from discharging, disciplining, or discriminating against an employee for lawful cannabis oil use under a valid written certification. That protection does not cover workplace impairment or possession during work hours, and does not apply where compliance would violate federal law or cost the employer federal contracts or funding.
Pre-Adverse Action Notice & Waiting Period
Virginia has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Virginia has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Virginia has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Pay Transparency
Effective July 1, 2026, Virginia employers must disclose the wage, salary, or wage or salary range in every public and internal posting for a job, promotion, transfer, or other employment opportunity. The range must be set in good faith by reference to an applicable pay scale, a previously determined range for the position, the actual range paid to people currently in equivalent positions, or the budgeted amount for the position. Whether a range was set in good faith takes into account the breadth of the range. Before an applicant may sue over a noncompliant posting, the employer must be given notice and 15 business days to correct it. That cure period applies only to posting violations, not to wage history violations.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Virginia has no local ordinances regulating criminal history inquiries by private employers. Some Virginia localities, including Richmond, have adopted fair chance hiring policies, but those reach only the locality's own government hiring. The statewide rules are the only applicable standard for private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Virginia added significant new hiring requirements on July 1, 2026. To stay compliant:
Add a wage, salary, or salary range to every public and internal job posting, set in good faith. Remove all wage history questions from your application and interview scripts, and confirm any outside recruiters posting on your behalf are doing the same. Add notice to your application that sealed arrests, charges, and convictions do not have to be disclosed, if the application asks about criminal history at all. Do not require applicants to disclose sealed records, and do not treat a refusal to disclose them as a basis for rejection. Evaluate each conviction individually against the specific job rather than applying a blanket exclusion, consistent with EEOC guidance under Title VII. Correct any noncompliant job posting within 15 business days of receiving written notice, on all original posting locations, to preserve the safe harbor. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Virginia Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Virginia law.