Virginia State Employment Laws
The state of Virginia has restrictions on what can be reported in a background screening report beyond what the Fair Credit Reporting Act (FCRA) dictates.
| Restriction | Explanation |
|---|---|
| Ban the Box: State Public Employees | Per a 2015 Executive Order signed by Governor Terry McAuliffe, a policy of Ban the Box was instituted. Inquiries about criminal records have been eliminated from state employment applications. Criminal history checks cannot be conducted until an applicant has been determined to be qualified or is being considered for a specific position. See the statute here for more information. |
| Use of Social Media Password Information | HB 2018, signed by the Governor March 23, 2015, prohibits an employer from requiring a current or prospective employee to disclose the username and password to his/her social media account. The measure also prohibits an employer from requiring an employee to add an employee, a supervisor, or an administrator to the list of contacts associated with the employee's social media account. See the statute here for more information. |
| Use or inquiry of sealed, expunged, pardoned or erased records | Employer cannot require disclosure of any arrest or conviction that has been expunged. See the statute here for more information. |