Working With A Record
Va. Code 19.2-392.4 — an expunged arrest, charge or conviction need not be disclosed
Expunged records. An employer or educational institution may not require an applicant to disclose an arrest, criminal charge, conviction or civil offense that has been expunged, and an applicant need not mention one in answering any question about them.
Licenses and government. State and local agencies may not require it on an application for a license, permit, registration or service, or deny the application because the applicant declines to disclose it. A willful violation is a Class 1 misdemeanor for each violation.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 19.2-392.4 — Prohibited practices by employers regarding expunged records
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.