How does a criminal record affect employment in Virginia
A criminal record can create substantial obstacles to employment in Virginia, impacting everything from initial job applications to professional license renewals. Employers routinely conduct background checks, and a conviction—whether a misdemeanor or felony—may raise concerns about reliability, trustworthiness, and regulatory compliance. Virginia law does not generally prohibit private employers from considering criminal history, but it does impose restrictions on the use of arrest records that did not lead to conviction and on inquiries related to sealed or expunged records. Understanding the intersection of Virginia’s criminal record relief mechanisms—expungement, record sealing, and governor’s pardons—with employment rights is often the first step toward minimizing the long‑term career consequences of a past charge. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel work to help individuals address criminal records that may be hindering their professional lives. To discuss how a particular record may affect your employment prospects, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a criminal record can affect employment in Virginia
In Virginia, an employer’s decision to hire, promote, or terminate an employee based on a criminal record is largely governed by the at‑will employment doctrine and the employer’s internal policies, subject to limited statutory constraints. Because Virginia does not have a comprehensive “ban‑the‑box” law applicable to private employers, most businesses are free to inquire about criminal history on job applications and to consider conviction records when making employment decisions. However, state law provides meaningful protections for individuals whose charges were dismissed or who obtained an expungement, and certain professions require the disclosure of any criminal history as a condition of licensure.
Employment barriers commonly arise in fields that require security clearances, interaction with vulnerable populations, fiduciary responsibility, or professional licensing. A conviction—particularly a felony—may disqualify an applicant from roles in healthcare, education, law enforcement, financial services, and commercial driving. Even in industries without statutory disqualifiers, employers may view a record as a liability concern. At the same time, Virginia’s growing availability of record sealing and expungement for non‑conviction records, as well as the governor’s restoration‑of‑rights process for certain felony convictions, can help individuals present a cleaner background to prospective employers. Understanding which remedy applies to a specific record and how it interacts with employer obligations is often most effectively addressed with the guidance of an attorney experienced in Virginia criminal law.
Virginia criminal record relief and its employment implications
Virginia law draws a clear distinction between conviction records and arrest records that did not produce a conviction. Under Va. Code § 19.2‑392.2, a person who was acquitted, had charges nolle prossed, or otherwise had a case dismissed may petition the circuit court to expunge the police and court records. An expunged record is removed from public access and generally does not need to be disclosed to a private employer. The 2021 record‑sealing framework, incorporated in Virginia Code §§ 19.2‑392.5 through 19.2‑392.16, further provides for automatic sealing of certain acquittals and dismissals and allows petitions to seal some conviction records after a waiting period. Sealed records are treated as if they never occurred for most civil purposes, including employment background checks.
These remedies can significantly improve employment prospects. An employer who receives a background report that incorrectly includes expunged or sealed information may be in violation of the Fair Credit Reporting Act, and Virginia law prohibits employers from requiring an applicant to disclose an expunged arrest or charge. Nevertheless, the expungement and sealing processes are technical and require careful attention to the statutory requirements for each specific charge. Accurate advice about eligibility, waiting periods, and the effect on licensing bodies is essential. A misstep in the petition process can lead to permanent retention of the record.
Background checks and employer obligations
Virginia employers who use consumer reporting agencies to obtain background checks must comply with the federal Fair Credit Reporting Act, which requires written disclosure and authorization from the applicant and, if an adverse action is contemplated, a pre‑adverse action notice with a copy of the report. Additionally, Virginia’s Human Rights Act (Va. Code § 2.2‑3900 et seq.) prohibits discrimination based on an arrest or charge that did not result in conviction, although the Act does not broadly ban consideration of conviction records. Certain localities, such as the City of Richmond, have enacted ordinances restricting criminal history inquiries by public employers, but these do not extend to private businesses statewide. For possession‑of‑marijuana offenses that have been decriminalized or legalized in Virginia, questions about their employment impact remain nuanced because of the interaction between state law and federal drug‑free workplace requirements.
Understanding whether a particular record must be disclosed—and whether an employer’s request for it was lawful—can be critical in employment disputes. An individual who believes a background report improperly included sealed or expunged information or that an employer violated the FCRA may have grounds to challenge the decision. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel concentrate their practice on Virginia criminal defense and bring over 120 years of combined legal experience, backed by 4,739+ documented firm-wide results, to helping clients manage the employment impact of criminal records. Results may vary.
Licensing boards and professional consequences
Beyond direct employment, a criminal record can affect eligibility for professional licenses issued by Virginia’s Department of Professional and Occupational Regulation and other licensing authorities. Boards governing nursing, teaching, real estate, contracting, and law, among others, frequently require applicants and licensees to report any criminal conviction, and they may deny, suspend, or revoke a license based on a conviction that is substantially related to the profession. Regulatory bodies apply different standards: some consider the nature of the offense and the time elapsed since the conviction, while others focus on whether the individual has demonstrated rehabilitation.
Virginia law generally does not provide a statutory right to automatic licensure based on the passage of time. Instead, applicants may need to present evidence of good moral character, completion of any court‑ordered conditions, and letters of recommendation. An attorney can help compile the necessary documentation and present the strong case to the licensing board. Moreover, when a conviction is eligible for sealing or a governor’s pardon, obtaining that relief before applying for licensure can significantly alter the board’s evaluation.
Frequently Asked Questions
Can an employer in Virginia deny employment based solely on an arrest record?
Virginia law generally prohibits employers from denying employment based solely on an arrest that did not lead to a conviction. The Virginia Human Rights Act protects individuals from discrimination based on arrest records that do not result in prosecution or a finding of guilt. Employers may still consider the underlying conduct if it is job‑related, but the arrest itself cannot be the sole basis for an adverse employment decision. If a background check incorrectly includes an arrest that was later dismissed, the individual may challenge the report under federal law.
How does an expungement help with employment in Virginia?
An expungement in Virginia removes police and court records from public access so they do not appear on most employment background checks. Under Va. Code § 19.2‑392.2, a person whose charges were dismissed or who was acquitted may petition to expunge the record. Once expunged, the records are placed under seal and the individual may lawfully state that the arrest or charge never occurred when applying for a private‑sector job. Expungement does not erase all traces—law enforcement agencies and certain government employers may still access the records—but it significantly improves private employment prospects.
What is the difference between expungement and record sealing in Virginia?
Expungement in Virginia applies to non‑conviction records, while sealing is a newer framework that can cover certain convictions after a waiting period. Expungement under Va. Code § 19.2‑392.2 is limited to acquittals, nolle prosequi dispositions, and dismissals. The 2021 sealing law (Va. Code §§ 19.2‑392.5 et seq.) introduced automatic sealing for some non‑convictions and petition‑based sealing for certain misdemeanor and felony convictions after a set amount of time with no new offenses. Sealed records are treated similarly to expunged records for purposes of private employment background checks.
Does Virginia have a “ban‑the‑box” law for private employers?
Virginia does not currently have a statewide ban‑the‑box law applicable to private employers. Public employers in Virginia, including state agencies, are restricted from asking about criminal history on initial job applications under an executive order. However, private businesses are free to inquire about convictions at any stage of the hiring process, subject only to the federal Fair Credit Reporting Act and Virginia’s prohibition on requesting information about expunged or sealed records. Some local governments, such as the City of Richmond, have enacted their own ordinances limiting criminal history inquiries for municipal positions.
Can a felony conviction be sealed for employment purposes in Virginia?
Certain felony convictions in Virginia may be eligible for record sealing after a statutory waiting period, but not all felonies qualify. The 2021 sealing framework allows petitions to seal a limited category of felonies—typically lower‑level offenses such as Class 5 or 6 felonies—provided the person has completed all sentencing requirements and remained free of new convictions for a specified period. Violent felonies, sex offenses, and crimes against children are generally excluded. A sealed felony conviction will not appear on a standard private employment background check.
How do background check companies obtain criminal records in Virginia?
Background check companies typically obtain Virginia criminal records through the Virginia State Police, the Virginia Courts Case Information System, and commercial databases. Conviction records are generally available to the public unless they have been expunged, sealed, or otherwise restricted by court order. Arrests that did not result in conviction may still appear in some databases until they are formally expunged. Employers using a third‑party consumer reporting agency must comply with the Fair Credit Reporting Act, which requires accuracy and gives applicants the right to dispute incomplete or incorrect information.
What should I do if an employer rejects me because of an inaccurate criminal background check?
The first step is to obtain a copy of the report and identify the inaccuracy, then dispute it directly with the consumer reporting agency that prepared the report. The Fair Credit Reporting Act requires both the employer and the agency to follow specific procedures when adverse action is taken based on a background report. If the report includes expunged or sealed information, Virginia law prohibits its use in employment decisions. An attorney can assist in correcting the record with the reporting agency and, if necessary, assert a claim for damages caused by the erroneous report.
Will a DUI conviction appear on a background check and affect my job?
Yes, a DUI conviction will appear on a standard criminal background check in Virginia unless it has been expunged or sealed. Because a DUI is a criminal offense, not a traffic infraction, it remains on the Virginia Criminal Information Network and the individual’s driving record. For commercial drivers and those in safety‑sensitive positions, a DUI can lead to mandatory license disqualification or termination. However, a first‑offense DUI may be eligible for a deferred disposition under certain circumstances, and a reduction of the charge to a lesser offense can change the record’s employment impact.
Can I get a professional license in Virginia if I have a criminal record?
Having a criminal record does not automatically bar you from obtaining a professional license in Virginia, but it often triggers additional scrutiny from the licensing board. Each board evaluates convictions on a case‑by‑case basis, considering factors such as the relationship between the crime and the profession, the time elapsed, evidence of rehabilitation, and the nature and seriousness of the offense. It is often beneficial to pursue record sealing or a governor’s pardon before applying for licensure, because a sealed or pardoned record improves the likelihood of a favorable board decision. An attorney can help assess which remedy is available and how to present your case to the board.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates his practice on criminal defense and has guided numerous clients through the process of mitigating the employment consequences of a criminal record. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team brings strategic, detail‑oriented representation to each matter. Every attorney at the firm has over a decade of experience, and together Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, with over 4,739+ documented firm-wide results. Results may vary.
For guidance on how a criminal record may affect your specific employment situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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