Accessing Criminal Records
In Virginia, it is legal for all private and most public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. As we’ll explore, the state and a handful of municipalities and counties have enacted ban-the-box laws, which must be considered to remain compliant when conducting background screening in certain jurisdictions. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers in Virginia are prohibited from making hiring decisions based solely on arrest records because they don’t provide a comprehensive view of the person’s criminal record.
Ban the Box Policies – State, Municipal and County
Virginia is one of many states that enforces a ban-the-box law. The law prohibits public sector employers from asking candidates to divulge if they have criminal history before an initial interview. Some job positions are exempt from this restriction, including law enforcement, local school boards and other “sensitive” positions.
Several municipalities and counties in Virginia have also adopted ban-the-box laws that only apply to the public sector, including: Alexandria, Arlington County, Fairfax County, Henry County, Blacksburg, Montgomery County, Norfolk County, Danville, Prince William County, Roanoke County, Harrisonburg and Virginia Beach.
Since the extent of these county ban-the-box regulations vary on a case-by-case basis, it’s important for public employers to stay aware of the distinctions that apply within their jurisdiction.
Social Media Background Check Law
While social media background checks are allowed in Virginia, employers are prohibited from requiring applicants or employees to provide their social media passwords or usernames or ask the individual to add them as a social media contact.
