Virginia background check laws
A practitioner-grade reference to Virginia pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to VA.
The four levers at a glance
| Lookback period | 7 years (FCRA default) |
| Ban-the-Box scope | Public sector (Executive Order 41) |
| Salary history | No restriction (Virginia Values Act enhances pay-equity remedies) |
| Cannabis testing | Recreational legal; limited employer protections |
Lookback period
Virginia applies FCRA. Expunged records under Va. Code §19.2-392.2 must be suppressed.
Ban-the-Box and Fair Chance rules
Governor Northam's 2020 executive order removed the conviction question from state-agency initial applications.
Salary history
No statewide salary-history ban, but the Virginia Values Act creates enhanced pay-equity remedies.
Cannabis & drug testing
Va. Code §40.1-27.4 protects medical-cannabis patients with a valid certification; recreational use does not carry off-duty protection.
Governing statutes & references
- Va. Code §19.2-392.2
- Va. Code §40.1-27.4
- Exec. Order 41
SafestHires compliance note
VSP fingerprint pathway under VA Code §22.1-296.2 for K-12 hires.
Frequently asked questions about Virginia background checks
How long does a background check take in Virginia?
Most SafestHires Virginia background checks complete in under 24 hours when the county courts of record are electronic. Manual-access counties in Virginia typically add 1–3 business days, and verification-heavy packages (employment, education, professional license) usually land in 1–3 business days end-to-end. See the state-by-state turnaround guide for county-level detail.
What shows up on a Virginia employment background check?
A standard Virginia employment background check returns an SSN trace and address history, national criminal database scan, sex offender registry, county criminal records for every Virginia county lived or worked in during the FCRA lookback window, federal criminal records, and OFAC/global sanctions. Common VA add-ons include employment and education verification, professional license verification, motor vehicle records, and drug screening.
How much does a Virginia background check cost?
SafestHires prices Virginia background checks per component — no platform fees, no seat licenses, no minimums. A standard county criminal + national database + SSN trace package for Virginia typically falls in the $20–$45 range depending on how many VA counties are searched and which add-ons are included. Use the pricing calculator for a VA-specific quote.
Do I need consent to run a background check on a Virginia candidate?
Yes. Federal FCRA §1681b(b)(2) requires a stand-alone written disclosure and the candidate's written authorization before any consumer report is procured, and Virginia follows that federal baseline. Additional VA-specific disclosures may apply — SafestHires builds the correct Virginia disclosure package into every order automatically. See the sample forms library for templates.
Can Virginia employers run a Financial Risk Search?
Yes. The SafestHires Financial Risk Search (bankruptcies, civil judgments, and tax liens from public records) is available for Virginia hires in fiduciary, finance, cash-handling, and other roles with a documented permissible-purpose need. It is a public-record search — scoped and adverse-actioned like any other component under FCRA §§615 and 604.
How far back can a Virginia employer look at criminal records?
Virginia applies FCRA. Expunged records under Va. Code §19.2-392.2 must be suppressed.