An Employer’s Guide to Virginia Background Checks

You can learn a lot in an interview and by reading through a resume, but you won’t learn everything. That’s why background checks are a critical part of hiring in Virginia. However, things can get complicated. Whether you’re staffing a healthcare clinic in Richmond or onboarding new drivers in Roanoke, the rules aren’t always straightforward. What you can check, how deep you can go, and when you’re allowed to ask all depend on various factors.

What Is a Virginia Background Check?

In Virginia, a background check is more than a routine step—it’s a protective measure. For employers, it’s a way to verify that what a candidate claims lines up with official records. It’s also a tool to protect teams, clients, and the public from risk. But what defines a background check in Virginia really depends on what you’re checking and who you’re hiring.

The most commonly used resource is the Virginia State Police Criminal History Search, which pulls from the Central Criminal Records Exchange (CCRE). This state-run database contains information on Virginia-based arrests and convictions submitted by law enforcement agencies. Employers can request a name-based criminal history report using Form SP-167, a standard part of pre-employment screening for many industries.

This is all well and good, as long as the offence was committed within the boundaries of the Old Dominion. The problem with searches run through the CCRE is that these state checks only include crimes reported within Virginia. If an applicant committed a serious offense in another state, it won’t appear unless you run a nationwide background check through a qualified screening provider.

That’s why employers often go beyond the state database. A comprehensive background check might include education verification, professional licenses, driving records, credit history, and even federal criminal searches, especially for roles with financial or legal responsibilities. Some checks are optional, based on the employer’s internal policies. Others, like screenings for child care, elder care, or government jobs, are mandated by law.

What Does a Virginia Background Check Show?

What shows up on a background check in Virginia depends on how deep you dig and why you’re digging in the first place. A basic criminal record check might be enough for one role but insufficient for another. Employers hiring for financial, healthcare, or safety-sensitive positions often require a more layered approach. However, most screenings draw from the same core data sets. Here’s what you’ll typically find in a well-rounded Virginia background check:

• Criminal Records: The core of any true background check is the criminal record screening, including any arrests, charges, and convictions recorded within Virginia. The data is pulled from state police and county court systems and shows both misdemeanors and felonies. Employers often use this data to assess risk, but must weigh relevance to the position.
• Sex Offender Registry: Virginia maintains an active sex offender registry that includes offense details, tier level, and current residency status. This is especially important for jobs involving children, the elderly, or high-trust environments.
• Employment History Verification: Employment verification confirms a candidate actually worked where they said they did. It includes job titles, dates of employment, and sometimes reasons for departure. It’s a quick way to spot gaps or exaggerations on a résumé.
• Education Verification: Degrees, diplomas, certifications—whatever the candidate claims, this education verification ensures it’s legitimate. It’s essential for roles that require specialized training, licensing, or academic credentials.
• Credit History (if applicable): Used for roles that involve financial oversight or access to sensitive data. Credit checks require written consent and must be job-relevant under the Fair Credit Reporting Act (FCRA). Reports may show debt, bankruptcies, or payment patterns, but do not include credit scores.
• Driving Records: Driving record checks, including traffic violations, license suspensions, and DUIs, are pulled from the Virginia DMV. These are crucial for positions involving commercial driving, deliveries, or company vehicles.
• Civil Court Records: Civil court records cover things like bankruptcies, tax liens, and civil lawsuits. These aren’t always red flags, but they can offer context, especially for fiduciary duties or legal trust roles.
• Professional License Checks: This confirms that a license is current, valid, and free of disciplinary actions or lapses for regulated industries like healthcare, law, and skilled trades.
• Drug Screening Results: Results will appear in the background screening file if part of the hiring process. Employers must follow federal and state drug testing laws, especially around marijuana.
• Social Security Number Validation: Verifies that the SSN is valid, not duplicated, and linked to the applicant’s name. It’s often the first step in confirming identity and eligibility to work.

How Far Back Can a Background Check Go in Virginia?

Virginia doesn’t set a strict limit on how far back a background check can go. That decision is shaped more by federal law—specifically, the FCRA—and by the type of record being pulled.

Under the FCRA, if you’re using a third-party Consumer Reporting Agency (CRA) to conduct the background check, you generally can’t report non-conviction data, like dismissed charges or arrests without conviction, if they’re more than seven years old. That rule helps protect applicants from being unfairly penalized for cases that didn’t result in proven guilt.

However, convictions can legally be reported indefinitely. If a felony happened 20 years ago and hasn’t been sealed or expunged, it may still appear, especially if you request a thorough search through local court systems. Juvenile records are usually sealed or restricted unless the individual was tried as an adult, while expunged records are also off the table. If a court has sealed or cleared a record, it won’t appear in a comprehensive background check.

As with many states, Virginia does have a salary caveat to all of this. If you’re hiring for a role that pays over $75,000 per year, the seven-year limit on reporting non-convictions doesn’t apply under the FCRA. That means you can dig a little deeper—if you have a valid reason tied to the role.

How Long Does a Virginia Background Check Take?

The timing of a background check in Virginia depends on what you’re checking and how you’re checking it. A simple criminal database search may return results in minutes; however, a more detailed screening, especially one that involves multiple states, old court records, or education verification, can take several days. Here’s a breakdown of what to expect by type of background check:

Criminal History Checks

Name-based criminal checks through the Virginia State Police often return results within 1 to 3 business days. These searches draw from the Central Criminal Records Exchange (CCRE), which digs into statewide arrest and conviction data. However, turnaround time can stretch if you expand your search to include county-level court records. Smaller or rural counties may still rely on manual systems or limited staff, which slows things down.

Employment & Education Verification

Employment and education verification can take 2 to 5 business days, depending on how responsive the institutions or former employers are. Some organizations use automated systems to verify this information, but many still require manual follow-up via email or phone. If you’re unlucky enough to make a request when the wrong person is on vacation, it may be a week or longer before you get what you need. 

Driving Record Checks

Pulling a driving history from the Virginia DMV is typically fast, usually within 24 to 48 hours. This is a key check for company vehicles, deliveries, or commercial driving roles.

Credit & Identity Checks

If the role involves financial trust or sensitive data, these credit checks can be processed quickly, same-day or next-day, assuming the candidate provides timely written consent. These must meet FCRA guidelines and have a clear job-related justification.

Virginia Background Check Laws & Requirements

Running a background check in Virginia isn’t just about finding the right data—it’s about staying within the legal lines. The state has specific rules around how background checks can be conducted, especially for education, healthcare, and government roles. Whether you’re screening a preschool teacher or a public sector analyst, understanding Virginia’s legal landscape is key to staying compliant and avoiding costly mistakes. Here are some key laws and requirements you need to be aware of. 

Virginia State Police Criminal History Search (Form SP-167)

Virginia offers a state-level name-based criminal background check through the Virginia State Police, using Form SP-167. This search taps into the Central Criminal Records Exchange (CCRE), including arrest, conviction, and disposition information from Virginia law enforcement agencies.

This check is required by law for certain roles, especially those involving vulnerable populations. Licensed childcare providers, public school staff, and many state and local government workers must complete this search before being hired. While SP-167 is relatively fast and cost-effective, it only returns records from within Virginia. Employers typically use third-party screening services to supplement broader searches, especially across state lines.

Virginia Ban-the-Box Policy (Public Employment)

Virginia has implemented a ban-the-box policy, which currently applies only to public sector employment. That means state government agencies are prohibited from asking about an applicant’s criminal history on the initial job application. Employers must wait until after the first interview or a conditional offer is made before conducting a criminal background check. The goal here is to give applicants with prior convictions a fair shot at employment based on merit, not first impressions.

While this rule does not currently bind Virginia private employers, many voluntarily adopt similar policies. It’s a move toward fairer hiring and may become a statewide standard in the future.

Virginia’s Record Sealing Act (Effective 2026)

In 2026, Virginia will roll out its Record Sealing Act, a significant shift in how criminal records are treated across the state. The law will allow for the automatic or petition-based sealing of specific non-violent misdemeanor and felony offenses, allowing eligible individuals to move forward without their past defining future opportunities.

For employers, this means sealed records will no longer be accessible through background checks and cannot be used when making hiring decisions. If a record is sealed, it’s treated as if it doesn’t exist. This is expected to impact industries across the board, from retail to healthcare, especially in entry-level hiring. Employers must update their screening protocols to avoid liability and discrimination claims.

Child Day Care Background Check Requirements

If you run a child day care center in Virginia, whether a large facility or a small operation in your home, background checks aren’t just a good idea; they’re the law. The Virginia Department of Education (VDOE) has established strict screening protocols for all employees, contractors, and volunteers who work directly with children.

To be compliant, the following checks are required:

• A state and federal fingerprint-based criminal history search
• A check of the Virginia Child Abuse and Neglect Registry
• A search of the Virginia Sex Offender Registry

These checks must be completed before anyone starts working; there are no exceptions. Renewal timelines vary but are typically required every five years or sooner if new information comes to light.

FCRA (Fair Credit Reporting Act)

The Fair Credit Reporting Act (FCRA) may be federal, but its reach is felt across every Virginia workplace that relies on third-party background checks. Whether you’re screening a school administrator, a retail cashier, or a financial advisor, if you’re using a consumer reporting agency (CRA), the FCRA is in play.

Here’s what that means for employers:

• You must get written consent from the applicant before running the check.
• If the report reveals something that could cost the candidate the job, you must provide a pre-adverse action notice and a copy of the report.
• The candidate must be given a reasonable time (typically 5 business days) to dispute or explain the findings.
• If you still choose not to hire, a final adverse action notice must be sent.

Failure to follow these steps isn’t just sloppy—it’s legally risky. FCRA violations have led to costly lawsuits and severe reputational damage for companies that didn’t follow protocol. In Virginia, compliance isn’t optional. It’s how you protect your business and maintain fair hiring practices.

Cannabis Conviction Protections

Virginia has joined a growing number of states that are adjusting how past marijuana-related offenses are handled in the hiring process. Thanks to recent legislative reforms, sealed records for simple cannabis possession can no longer be accessed or used by employers during background checks.

This means that you cannot ask about, search for, or consider these sealed convictions when evaluating a candidate. Even if such information appears in a third-party report or is volunteered by the applicant, using it in your hiring decision could violate state law.

It’s a changing world, and these protections are Virginia’s way of trying to align employment practices with changing drug policy to ensure individuals aren’t unfairly punished for outdated offenses. 

Frequently Asked Questions

What Is the 7-Year Law in Virginia?

Virginia doesn’t have a state-specific 7-year law, but employers using third-party screeners must follow the FCRA. This means non-convictions drop off after seven years, convictions can appear indefinitely, and expunged or juvenile records are excluded. Roles over $75,000 may allow deeper lookbacks under federal guidelines.

Final Thoughts

Hiring in Virginia comes with its own set of rules, and knowing them is half the job. Whether you’re hiring healthcare workers, drivers, government employees, or retail staff, the screening process demands a careful balance of thoroughness, speed, and compliance. And that’s where a trusted screening partner makes all the difference.

With ScoutLogic, employers get more than just a report. You get a full-service background screening experience built around your industry, your timeline, and your legal obligations. Whether you need fast results, custom screening packages, or help interpreting Virginia-specific laws, our team knows exactly how to handle Virginia’s hiring and screening regulations. We’re not just fast. We’re built for hiring that lasts across a broad range of industries.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.