Virginia
  • Updated on 24 Jul 2020
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Virginia

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Ban-The-Box & Fair Hiring Laws By State

We update this overview of ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.

Guidance
Ban-the-box compliance, targeted screens, and individualized assessments apply only when taking adverse action due to criminal records. They are not required when taking adverse action based on non-criminal records.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the State of Virginia (all agencies, boards, and commissions within the executive branch of government subject to the authority of the Governor).

Timing of inquiry: Public sector employers for the state of Virginia may only inquire into criminal history after the applicant is deemed “otherwise eligible” and is being considered for a specific position.

Adverse action implications

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.


STATE LAWS — PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector jobs for localities in the State of Virginia.

Timing of inquiry: A locality may not inquire into or request disclosure of an applicant's criminal history or pending criminal cases on a job application or before an initial interview. Exceptions apply for certain positions, including law enforcement, local school boards, and "sensitive" positions as defined by the law.

Adverse action implications: None

SEE LAW


STATE LAWS — PUBLIC & PRIVATE SECTOR - EFFECTIVE JULY 1, 2020

Who must follow: This ban-the-box law applies to public and private employers in Virginia.

Inquiry Limitations:  Employers in Virginia may not ask a candidate about, or require an applicant to disclose, information about any arrest, criminal charge or conviction for simple possession of marijuana. The restriction does not apply to offenses for distribution of or intent to distribute marijuana. When answering an employer’s questions about arrests, criminal charges and convictions, applicants may legally exclude references to or information about simple possession of marijuana offenses.

SEE LAW

COUNTY LAWS

ALEXANDRIA, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Alexandria, VA.

Timing of inquiry: Public sector employers for the city of Alexandria may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

ARLINGTON COUNTY, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Arlington County, VA.

Timing of inquiry: Public sector employers for Arlington County may only inquire into criminal history during or after the first interview.

Adverse action implications: None

BLACKSBURG, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the town of Blacksburg, VA.

Timing of inquiry: Public sector employers for the town of Blacksburg may only inquire into criminal history after the applicant has been deemed the best candidate for the position.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

CHARLOTTESVILLE, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Charlottesville, VA.

Timing of inquiry: Public sector employers for the city of Charlottesville may not inquire into criminal history on the job application.

Adverse action implications: None

DANVILLE, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Danville, VA.

Timing of inquiry: Public sector employers for the city of Danville may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

FAIRFAX COUNTY, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Fairfax County, VA.

Timing of inquiry: Public sector employers may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

FREDERICKSBURG, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Fredericksburg, VA.

Timing of inquiry: Public sector employers for the city of Fredericksburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
  • Final adverse action: If you deny an application, you must provide a written notice that includes a description of the disqualifying information, as well as the name of the background check company that ran the report.

HARRISONBURG, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Harrisonburg, VA.

Timing of inquiry: Public sector employers for the city of Harrisonburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

HENRY COUNTY, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Henry County, VA.

Timing of inquiry: Public sector employers for Henry County may not inquire into criminal history on the job application.

Adverse action implications: None

MONTGOMERY COUNTY, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Montgomery County, VA.

Timing of inquiry: Public sector employers for Montgomery County may not inquire into criminal history on the job application.

Adverse action implications: None

NEWPORT NEWS, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the City of Newport News, VA.

Timing of inquiry: Public sector employers for the city of Newport News may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

NORFOLK, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Norfolk, VA.

Timing of inquiry: Public sector employers for the city of Norfolk may not inquire into criminal history on the job application.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.

PETERSBURG, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Petersburg, VA.

Timing of inquiry: Public sector employers for the city of Petersburg may only inquire into criminal history after a conditional offer of employment.

Adverse action implications: None

PORTSMOUTH, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Portsmouth, VA.

Timing of inquiry: Public sector employers for the Portsmouth County may not inquire into criminal history on the job application.

Adverse action implications: None

PRINCE WILLIAM COUNTY, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for Prince William County, VA.

Timing of inquiry: Public sector employers for Prince William County may only inquire into criminal history after an applicant has completed the interview process.

Adverse action implications: None

RICHMOND, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Richmond, VA.

Timing of inquiry: Public sector employers for the city of Richmond may not inquire into criminal history on the job application.

Adverse action implications: None

ROANOKE, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Roanoke, VA.

Timing of inquiry: Public sector employers for the city of Roanoke may not inquire into criminal history on the job application.

Adverse action implications: None

STAUNTON, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Staunton, VA.

Timing of inquiry: Public sector employers for the city of Staunton may only inquire into criminal history after an interview.

Adverse action implications: None

VIRGINIA BEACH, VA – PUBLIC SECTOR

Who must follow: This ban-the-box law applies only to public sector employers for the city of Virginia Beach, VA.

Timing of inquiry: Public sector employers for the city of Virginia Beach may only inquire into criminal history after a conditional offer.

Adverse action implications:

  • Individualized assessment: This location requires an individualized assessment be performed prior to final adverse action.
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