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Proximity to Washington DC, numerous local jurisdictions, and state regulations concerning pre-employment background checks contribute to Virginia’s complex environment for employers. Mastery of the intricacies of employment screenings and collaboration with a reputable consumer reporting agency can streamline procedures and ensure adherence to regulations.
Employers in Virginia have the prerogative to conduct background checks to assess a candidate’s qualifications and background before bringing them on board as an employee or volunteer. However, they must also adhere to numerous federal, state, and local regulations governing pre-employment screening. These regulations dictate when inquiries into a candidate’s criminal background are permissible and what information can be considered during the hiring process.
This guide will delve into the components of a background check in Virginia, the timeframe within which employers can investigate, the state laws influencing the screening procedures, and resources available at the local level that can assist Virginia employers in navigating the intricacies of various jurisdictions.
A Virginia state background check encompasses various screening reports aimed at gathering information about a job candidate or potential volunteer. These checks may uncover details regarding the candidate’s educational and professional credentials, criminal record, driving history, credit background, and more.
Certain background checks in Virginia may be legally mandated for employers. For instance, individuals seeking employment in both public and private schools in Virginia are required to undergo fingerprint-based criminal background checks conducted by the Virginia State Police and the FBI. Additionally, employers of commercial drivers regulated by the US Department of Transportation (DOT) must review a candidate’s Motor Vehicle Records (MVR) reports before hiring and annually thereafter, as per DOT regulations.
Even in cases where a Virginia background check isn’t obligatory by law, it can still aid employers in making well-informed hiring decisions. Whether the focus is on ensuring safe driving during employment, safeguarding children and other vulnerable groups, protecting financial interests, or fostering a secure work environment, background checks can be invaluable.
Although employers have the option to conduct their own background screenings, many opt to engage the services of a qualified consumer reporting agency (CRA) like Rapid Hire Solutions for pre-employment background checks. CRAs possess access to numerous databases and utilize a network of court runners to furnish accurate reports promptly, thereby saving employers time and money. Moreover, a professional background check provider can assist employers in maintaining compliance with federal, state, and local regulations, serving as a single point of contact for multiple background screenings.
Common Virginia Background Checks
Employers in Virginia typically conduct various types of background checks, which may vary based on the organization’s screening policy, industry, and the role being filled. Here are several common background screenings that employers in Virginia often utilize:
VIRGINIA BACKGROUND CHECK FOR EMPLOYMENT
Virginia employers frequently utilize a diverse array of background screenings to gather insights into potential hires before making decisions. A variety of reports are commonly employed in employment background checks in Virginia:
- Criminal background checks
- Verification of education, licensing, and employment history
- Credit assessments
- Motor vehicle record (MVR) examinations
- Searches of the Sex Offender Registry
- Global Watch List inquiries
To ensure compliance with federal, state, and local regulations, it’s advisable to engage a qualified screening provider capable of delivering a comprehensive background check encompassing all necessary reports.
VIRGINIA CRIMINAL BACKGROUND CHECK
Criminal background checks for employment in Virginia encompass searches across national, federal, state, and county databases to identify felony and misdemeanor convictions as well as pending cases. Each type of search has its unique scope:
- National criminal background checks scan databases nationwide, necessitating further investigation into the relevant state or county jurisdiction upon returning a record.
- Federal criminal background checks scrutinize records of federal crimes in US district and appellate courts.
- Statewide criminal background checks in Virginia encompass searches of state courts, police records, and law enforcement databases.
- County criminal background checks delve into county court records, typically offering the most detailed and comprehensive information on charges, dispositions, and sentencing. Multiple county background checks may be required for a candidate who has resided and worked in multiple locations.
VIRGINIA STATE POLICE BACKGROUND CHECK
Virginia employers can directly request a Virginia criminal records check from the Virginia State Police, which maintains a centralized database of criminal records for the state. The Central Criminal Records Exchange facilitates criminal background checks for various entities, including law enforcement agencies, approved civil service organizations, care agencies, and private employers.
Approved entities, such as childcare providers, assisted living facilities, and hospital pharmacies, may request name-based criminal records searches revealing convictions only. Other organizations, like foster care agencies, security guard companies, and public school boards, may seek comprehensive criminal record information, encompassing convictions, pending charges, and dismissed cases. Additionally, the Virginia State Police can conduct fingerprint-based state and federal (FBI) searches upon request.
VIRGINIA CREDIT CHECK
Employers in Virginia might consider conducting credit checks on applicants to obtain insights into bankruptcies, collections, loan defaults, and credit history. Typically, credit checks are relevant for roles involving financial management, money handling, or access to sensitive information like clients’ personally identifiable information or credit card details. Such checks can be incorporated into a comprehensive pre-employment background screening through a Consumer Reporting Agency (CRA).
How Far Back Does A Background Check Go In Virginia?
The timeframe considered in background checks within Virginia varies depending on the type of check being performed and its scope. For instance, in verifying education or employment history, one may delve into past records as needed for verification. Regarding Motor Vehicle Records (MVRs) sourced from the Virginia Department of Motor Vehicles, they typically provide up to seven years of driving history.
While certain states impose limitations on how far back employers can review an applicant’s criminal history, Virginia does not have a specific law mandating a seven-year background check restriction. Notably, certain details such as felony and misdemeanor convictions and arrests remain indefinitely recorded in an individual’s criminal history in Virginia.
However, employers collaborating with background check providers, also known as Consumer Reporting Agencies (CRAs), to carry out criminal background checks must adhere to the federal Fair Credit Reporting Act (FCRA). According to FCRA guidelines, arrests and non-convictions older than seven years cannot be included in a criminal background check for employment. Furthermore, the FCRA places restrictions on reporting bankruptcies older than ten years, as well as civil suits, civil judgments, collection accounts, and paid tax liens beyond seven years. It’s important to note that the FCRA’s seven-year limitation doesn’t apply to candidates seeking positions with an annual salary exceeding $75,000.
Virginia Background Check Laws
VIRGINIA CODE § 18.2-250.1
Under Virginia Code § 18.2-250.1, both private and public sector employers are restricted from inquiring about arrests, criminal charges, or convictions associated with the mere possession of marijuana. Applicants have the right to omit information regarding these offenses when asked to disclose such details. However, it’s important to note that this law doesn’t extend to offenses related to the distribution or intent to distribute marijuana.
VIRGINIA CODE § 40.1-28.7:5
As per Virginia Code § 40.1-28.7:5, employers are prohibited from mandating applicants or employees to furnish social media usernames or passwords, or requesting to be added to their list of social media contacts.
VIRGINIA CODE § 19.2-392.2
Virginia Code § 19.2-392.2 prohibits employers from compelling job applicants to divulge information regarding expunged, pardoned, or otherwise expunged records.
BAN-THE-BOX LAWS
Virginia Code § 15.2-1505.3 prohibit public sector employers from inquiring about an applicant’s criminal history or pending criminal cases on job applications or prior to an initial interview. However, exemptions exist for certain positions, including those in law enforcement and local school boards.
Executive Order No. 41 applies to public sector employers within Virginia’s executive branch, stipulating that inquiries into an applicant’s criminal history are prohibited until the applicant is deemed eligible for employment and under consideration for a position. Employers must conduct individualized assessments before making decisions regarding employment.
In addition to statewide regulations, local ban-the-box laws at the county and city levels may impact when inquiries about past criminal history are permissible or when conducting criminal background checks during the hiring process. These laws may also restrict the type of information employers can consider and dictate procedures for adverse actions, such as deciding not to hire.
Virginia employers utilizing reports from consumer reporting agencies must also adhere to the Fair Credit Reporting Act (FCRA). This entails obtaining written consent from job applicants before conducting pre-employment background screenings and following the adverse action process if the background check results influence a decision against hiring. Applicants must be provided with the name and address of the agency providing the report, along with a copy of the report, if adverse action is taken. Applicants retain the right to dispute any inaccuracies found in the report.
To mitigate potential liability, employers may opt to adhere to the most stringent laws applicable in their jurisdiction when uncertain about legal requirements.
How Much Does A Background Check Cost In New York?
The cost of a background check in New York varies depending on who conducts the screening and the specific reports requested. For instance, some employers might solely seek criminal records, whereas others may require additional checks like driving records and drug testing.
When partnering with a Consumer Reporting Agency (CRA) like Rapid Hire Solutions, a Checkr company, customizable packages are available starting at $29.99. The price is determined by factors such as the number of background checks required, the types of reports needed, and the frequency of screening. Opting for such packages often proves to be a cost-effective solution for employers, especially when hiring at scale, as it saves both time and resources by streamlining the process and eliminating the need to order reports individually.
How Long Does A Background Check Take In New York?
While many New York state employment background checks can be finalized within one business day, turnaround times are subject to variation depending on factors such as the scope and type of screening, as well as the accessibility of data.
Conducting New York background checks involves navigating a complex court system. Within New York City alone, there are supreme civil courts, supreme criminal courts, civil courts, and criminal courts. Beyond the city, there are various court levels including supreme, county, district, city, town, and village courts. Many of these courts do not offer online record access, which can impact the speed of turnaround times. However, the New York State Office of Court Administration maintains a searchable database containing records from select local civil courts, Civil Supreme Court cases, and certain state courts.
By partnering with a background check provider like Rapid Hire Solutions, the intricacies of the legal system can be simplified, expediting the background check process. Through access to databases and established relationships with courthouses nationwide, Rapid Hire Solutions facilitates shorter turnaround times for a wide range of New York background checks while delivering comprehensive results.
City & County Resources
Virginia comprises 95 counties and 38 independent cities. Cities and counties hold equal status in Virginia, with independent cities like Richmond and Virginia Beach functioning autonomously without county affiliations. This section provides resources for 13 of Virginia’s largest counties and independent cities.
CITY OF ALEXANDRIA
The independent city of Alexandria boasts an official population of 159,467 residents. Situated within the expansive Washington, DC metropolitan area, Alexandria shares proximity with the suburbs of adjacent Fairfax County. Offering a blend of historic charm and modernity, Alexandria features one of the nation’s most enchanting Old Town shopping districts alongside hosting significant federal government entities. Noteworthy among these are the US Department of Defense, the US Patent and Trademark Office, and the National Science Foundation headquarters.
Public Information & Records:
A ban-the-box law applies to public sector employees in the city of Alexandria.
ARLINGTON COUNTY
Across the Potomac River from the District of Columbia, Arlington County is an integral part of the Washington DC metropolitan area. Arlington county’s 238,643 residents enjoy an urban-suburban lifestyle in the fifth highest-income county in the US by median family income. Arlington County is home to the Pentagon, Reagan National Airport, global headquarters for Boeing and Raytheon, and the future co-headquarters of Amazon.
Public Information & Records:
Ban-the-box laws apply to public sector employers in Arlington County.
CITY OF CHESAPEAKE
The independent city of Chesapeake is part of the greater Virginia Beach metropolitan area. Located near Chesapeake Bay and the Atlantic Ocean on the Atlantic Intracoastal Waterway, Chesapeake is the second most populous independent city in Virginia. Top employers in Chesapeake include Canon, Chesapeake Regional Healthcare, and the corporate headquarters of Dollar Tree.
Public Information & Records:
CHESTERFIELD COUNTY
Located south of Richmond, Chesterfield County is a patchwork of small cities like Ettrick and Bensley, and suburbs of Richmond like Woodlake, Brandermill, and Bon Air. Chesterfield County’s major employers include HCA Virginia Health System, UPS, and Amazon.
Public Information & Records:
FAIRFAX COUNTY
More than one million residents live in Fairfax County, making it Virginia’s most populous jurisdiction. Fairfax County is part of the greater Washington DC metropolitan area and is home to the Central Intelligence Agency and the National Counterterrorism Center. Educational opportunities at public George Mason University support a growing tech sector: 25% of the jobs in Fairfax County are technology-related, with 8,800 technology companies calling the county home.
Public Information & Records:
A ban-the-box law applies to public sector employers in Fairfax County.
HENRICO COUNTY
Henrico County surrounds Virginia’s capital city of Richmond on three sides: to the east, north, and west. Richmond was part of Henrico County until it became an independent city in the late 19th century. Henrico County is among the most populous in the state and news site Stacker ranked two Henrico County communities, Short Pump and Innsbrook, among the 50 best places to live in 2022.
Public Information & Records:
HENRY COUNTY
Set in the foothills of the Blue Ridge Mountains, Henry County offers its residents plenty of opportunities for outdoor recreation and a relaxing quality of life. Its major city is Martinsville, home to NASCAR Cup racing at the Martinsville Speedway. Major employers include Walmart and Eastman, a specialty materials manufacturer.
Public Information & Records:
A ban-the-box law applies to public sector employers in Henry County.
LOUDOUN COUNTY
Over the last three decades, the population of Loudoun County has nearly quadrupled. With 420,959 residents, Loudoun County occupies the area northwest of metropolitan DC and includes the community of Leesburg, the county seat. Loudoun County has a thriving tech sector, employing 15% of private employees in the county. Loudoun supports nearly $100 million in biomedical research each year through the Howard Hughes Medical Institute’s Janelia Research Campus.
Public Information & Records:
MONTGOMERY COUNTY
Montgomery County is home to Virginia Tech, Virginia’s third largest public university and the county’s largest employer. Nearly 100,000 residents call Montgomery County home; more than 37,000 of these residents may be undergraduate, graduate, and professional students at Virginia Tech.
Public Information & Records:
Ban-the-box laws apply to public sector employers in the city of Blacksburg and in Montgomery County.
NORFOLK COUNTY
Although it was once a county, Norfolk is now an independent city in the coastal Virginia Beach metropolitan area. Just over 238,000 residents live in Norfolk, which is home to the largest naval station in the world, Naval Station Norfolk, and a NATO Strategic Command Headquarters. Shipping company Maersk Line, Limited, has a base of operations in Norfolk.
Public Information & Records:
A ban-the-box law applies to public sector employers in Norfolk County.
PITTSYLVANIA COUNTY
Pittsylvania County and the neighboring independent city of Danville are located on the North Carolina border, about 90 minutes from Durham. Virginians in search of a quiet lifestyle, surrounded by nature, find refuge in Pittsylvania communities like Mount Hermon, Hurt, and Chatham. Top employment sectors are manufacturing, healthcare, and retail. Pittsylvania County is also home to one of the world’s largest uranium deposits.
Public Information & Records:
A ban-the-box law applies to public sector employers in Danville.
PRINCE WILLIAM COUNTY
Prince William County is part of the greater Washington DC metropolitan area, located west of Fairfax County and South of Loudoun County on the Potomac River. Along with its county seat (and independent jurisdiction) Manassas, Prince William County supports an economy based in science and technology, including strong life sciences and biotech, information technology, and specialized logistics sectors. Nearly half a million people call Prince William County home.
Public Information & Records:
A ban-the-box law applies to public sector employees in Prince William County.
ROANOKE COUNTY
Together with the independent city of Roanoke, Roanoke County in southwestern Virginia makes up one of the state’s largest metropolitan regions. The county has a population of 96,929 residents, who work for diverse employers that include Roanoke County Schools, Wells Fargo, Roanoke County, and Kroger. Although much of the county is rural or undeveloped, most people live in the suburbs of Roanoke and Salem.
Public Information & Records:
A ban-the-box law applies to public sector employers in Roanoke County.
ROCKINGHAM COUNTY
Located in western Virginia in the Shenandoah Valley, Rockingham County has 83,757 residents who, joined with the 51,814 residents of the city of Harrisonburg, populate the Harrisonburg metro area. The area’s largest employer is James Madison University, a public research university with more than 20,000 students.
Public Information & Records:
A ban-the-box law applies to public sector employers in Harrisonburg.
CITY OF VIRGINIA BEACH
Virginia Beach is the most populous city in the commonwealth with nearly 460,000 residents. Although Virginia Beach is known as a resort destination, it’s also home to two military bases—Naval Air Station Oceana-Dam Neck and Joint Expeditionary Base Little Creek-Fort Story—as well as the Christian Broadcasting Network and Virginia Wesleyan University. Affordability, a relaxed atmosphere, and an abundance of waterfront property make Virginia Beach an appealing place to live.
Public Information & Records:
A ban-the-box law applies to public sector employees in the city of Virginia Beach.
Get A Virginia Background Check With Rapid Hire Solutions
Ensuring efficient, accurate, and compliant pre-employment background checks in Virginia can pose challenges for HR teams. However, partnering with a qualified Consumer Reporting Agency (CRA) such as Rapid Hire Solutions can alleviate the administrative burden and expedite the hiring process. Rapid Hire Solutions provides a range of background screening options for employers, accompanied by built-in compliance workflows designed to streamline the screening process. This enables you to make hiring decisions with confidence.
DISCLAIMER
The resources provided here are for educational purposes only and do not constitute legal advice. We advise you to consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws