Virginia Employment Screening Overview
Virginia has moderate employment screening regulations, with ban-the-box rules applying to local government employers. Virginia has no state-specific restriction on employment credit checks beyond the federal FCRA.
Employers should also be aware of protections for employees using medical cannabis oil, while federal requirements and local ordinances may impose additional obligations.
What's Permitted
- Local government employers may inquire about criminal history after initial interview
- Private employers generally permitted to conduct employment drug testing
- Employers may test for marijuana and take adverse action on positive results
- State contractors over $50,000 with 50+ employees must use E-Verify
What's Prohibited
- Requiring local government applicants to disclose criminal history before initial interview
- Asking applicants about sealed arrests, charges, or convictions, with limited exceptions
- Requiring employees to pay for pre-employment drug tests or medical examinations
Ban the Box Laws
Public Employers OnlyStatus Summary
Virginia bars criminal-history questions on initial applications for local government jobs until during/after a staff interview, with exceptions (§15.2-1505.3: https://law.lis.virginia.gov/vacode/title15.2/chap... Employers/schools can’t require disclosure of certain marijuana-possession records (§19.2-389.3: https://law.lis.virginia.gov/vacode/title19.2/chap... State agencies follow Executive Order 41; private adoption is voluntary.
Key Requirements
Virginia Code § 15.2-1505.3
Local government ban-the-box timing and exceptions:
- Applies to local government employers
- No criminal-history questions on applications
- Inquiry allowed during/after staff interview
- Exceptions: law enforcement, school boards, sensitive positions
Virginia Code § 19.2-389.3
Limits on disclosure of marijuana-possession records:
- Prohibits disclosure of certain marijuana records
- Applicants may decline to disclose sealed records
- Violations classified as Class 1 misdemeanors
- Statute repealed effective July 1, 2026
Executive Order No. 41 (2015)
State agency fair-chance hiring guidance:
- State agencies delay criminal-history inquiries
- Decisions must be job-related, business necessity
- Encourages private employers to adopt voluntarily
- Does not legally bind private employers
(No Executive Order hyperlink provided in the supplied research)
Ban the Box Best Practices for Virginia Employers
- Delay criminal-history questions until after initial staff interview.
- State agencies: follow Executive Order 41's delay requirement.
- Respect current marijuana-record nondisclosure until July 1, 2026.
- Conduct individualized assessments before excluding applicants for convictions.
- Maintain audit trails documenting report timing and delivery.
Salary History Ban
NoSB 1132 (2025)
Proposed statewide salary-history ban (vetoed):
- Prohibits asking applicants' salary history
- Prohibits relying on prior compensation
- Would require pay-range transparency
- Included private right of action
- Veto sustained; bill not enacted
Code of Virginia § 40.1-28.7:9
Employee wage-discussion protections (existing law):
- Protects discussing wages with coworkers
- Prohibits retaliation for wage discussions
- Civil penalties up to $100 per violation
- Commissioner investigates and notifies employers
- Exceptions for job-essential access disclosures
Source: https://law.lis.virginia.gov/vacode/title40.1/chap...
HB 416 (2020)
Earlier proposed salary-history restriction (not enacted):
- Targeted employers with 25+ employees
- Prohibited requiring salary-history disclosures
- Penalties proposed up to $100
- Passed House; stalled in Senate
Source: https://legacylis.virginia.gov/cgi-bin/legp604.exe...
Salary History Best Practices for Virginia Employers
- Virginia has no statewide salary-history ban.
- Protect employees' right to discuss wages under §40.1-28.7:9.
- If hiring across jurisdictions, follow the strictest applicable laws.
- Consider removing salary-history questions; base pay on market.
- Document compensation rationale; perform regular pay-equity audits.
Consumer Credit Checks
NoAs of Feb 3, 2026, HB2116 failed and Virginia has no statewide ban on employment credit checks; employers in Virginia remain subject to the federal FCRA. https://legacylis.virginia.gov/cgi-bin/legp604.exe... https://www.ftc.gov/legal-library/browse/statutes/...
Key Requirements
Fair Credit Reporting Act (FCRA)
Federal law governing consumer reports for employment purposes:
- Allows credit checks for employment purposes
- Requires notice and written authorization
- Mandates adverse-action procedures pre-denial
- Seven-year limit on certain adverse items
- Convictions may be reported indefinitely
Source: https://www.ftc.gov/legal-library/browse/statutes/...
Virginia HB 2116 (proposed, not enacted)
2023 bill that would have prohibited employment credit checks:
- Would ban employer credit reports entirely
- Applies to all employers in Virginia
- No exceptions for financial roles
- Prohibited requesting and using reports
- Bill died in committee — not enacted
Credit Check Best Practices for Virginia Employers
- Comply with federal FCRA notice, consent, and adverse-action requirements.
- Do not assume a statewide Virginia credit-check ban exists.
- Audit vendor agreements to prohibit unauthorized credit-report procurement.
- Train hiring managers to avoid using credit information.
- Differentiate credit reports from other permissible background checks.
Marijuana Protection
Medicinal Marijuana
Lawful medical cannabis oil use is partially protected (Va. Code §40.1-27.4); employers may still act for workplace impairment, on-site possession, federal-employee/federal-contractor roles, and defense‑industrial‑base exceptions.
Recreational Marijuana
Adult recreational use legalized July 1, 2021, but employers may still test for and discipline based on marijuana use or positive tests; federal law and safety‑sensitive or federal‑contract roles may override state permissiveness.
I do not know exact statute URLs to hyperlink.
Drug Testing Regulations
Virginia permits employer drug testing broadly; exceptions require drug‑free programs for state contractors (§2.2‑4312), home health (§32.1‑162.9:1), coal mining (§45.2‑565); medical‑cannabis users have limited protections (§40.1‑27.4); positive tests affect benefits (§60.2‑618).
Permitted Testing Types
Pre-Employment
Permitted; employers may require applicant drug testing.
Random Testing
Permitted for most employees; federally mandated for some safety-sensitive roles.
Reasonable Suspicion
Permitted when supervisor has articulable reasonable suspicion of impairment.
Post Accident
Permitted following workplace accidents causing injury or property damage.
Workers' Compensation Discount
Virginia law allows up to a 5% workers' compensation premium discount for employers with a drug-free workplace program.
Eligibility requires instituting and maintaining a drug-free workplace program; follow statutory program requirements and any applicable federal rules.
Best Practices
- Maintain a written, posted drug-testing policy and procedures.
- Comply with applicable federal rules (DOT, federal contractors).
- Implement drug-free workplace programs for state contracts over $10,000.
- Do not charge applicants for required medical examinations.
- Recognize limited protections for lawful medical cannabis oil use.
Clean Slate Laws
StatewideNOT YET IN EFFECT (takes effect July 1, 2026; automatic sealing begins October 1, 2026). Va. Code Ch. 23.2 (enacted 2021, delayed from 2025 to 2026) creates automatic and petition-based sealing; bars most employers from requiring disclosure of sealed arrests, charges, or convictions, subject to narrow statutory and federal exceptions. https://law.lis.virginia.gov/vacode/title19.2/chap...
E-Verify Requirements
Mandatory for Employers of a Certain SizeWho Must Use E-Verify
Private Employers [Virginia Code § 2.2-4308.2]
Employers averaging >50 employees (prior 12 months) entering Commonwealth contracts over $50,000 must register and use E-Verify for newly hired employees performing work on that contract.
https://law.lis.virginia.gov/vacode/title2.2/chapt... https://www.dhrm.virginia.gov/hr-partners/everify
Federal Contractors [Immigration Reform and Control Act of 1986; Illegal Immigration Reform and Immigrant Responsibility Act of 1996]
Virginia law does not replace federal rules; federal contractors may be subject to separate federal E-Verify or procurement requirements—consult federal DHS/USCIS and FAR guidance.
https://www.federalregister.gov/documents/2023/07/... https://www.dhrm.virginia.gov/hr-partners/everify
Any other relevant groups — State agencies [Virginia Code § 40.1-11.2]
All Commonwealth agencies must be enrolled in E-Verify and verify new hires within three business days of employment (enrollment required by Dec. 1, 2012).
https://law.lis.virginia.gov/vacode/title40.1/chap... https://www.dhrm.virginia.gov/hr-partners/everify
Background Check Regulations
Federal FCRA/EEOC rules govern most employment background checks, and Virginia adds state requirements—such as public‑employer "ban‑the‑box" limits, rules on expunged records, and state agency procedures—so employers must follow both federal law and applicable Virginia statutes/policies.
FCRA Compliance Process
Disclosure & Authorization
Provide clear, standalone written disclosure that a background check will be conducted. Obtain separate written authorization from the applicant before ordering the report.
Obtain Background Report
Order the background check from a Consumer Reporting Agency (CRA). Ensure the CRA is FCRA-compliant and provides accurate, up-to-date information.
Pre-Adverse Action Notice
If considering denying employment based on the report, provide the applicant with:
- Copy of the background report
- Copy of "A Summary of Your Rights Under the FCRA"
- Reasonable time to respond (typically 5 business days)
Adverse Action Notice
If final decision is made to deny employment, provide written notice including:
- Name, address, and phone number of the CRA
- Statement that the CRA did not make the decision
- Notice of right to dispute report accuracy
- Notice of right to request additional free copy within 60 days