How does a criminal record affect employment in Virginia
A criminal record can affect employment opportunities in Virginia because many employers run background checks and certain professional licenses and occupations are legally restricted for individuals with specific convictions. Even charges that did not result in a conviction can appear on a background report and influence hiring decisions. Law Offices Of SRIS, P.C. assists clients throughout Virginia, including Charlottesville, Albemarle County, and surrounding communities, with criminal defense and post-conviction relief aimed at preserving or restoring employment options. If you are concerned about how a past arrest or conviction may affect your career, contact our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Direct answer: how a criminal record impacts employment in Virginia
Virginia law does not prohibit private employers from asking about or considering criminal history in most hiring decisions, although the Commonwealth has taken steps to “ban the box” for state government jobs. Under Executive Order 12, state agencies may not inquire about criminal history on an initial employment application. Many private employers, however, still conduct background checks that reveal arrests, charges, and convictions, including those that are decades old. A criminal record can affect not only hiring but also professional licensing, security clearances, and promotions. Understanding what appears on a background check and what legal remedies exist—such as expungement or record sealing—is essential for anyone with a record seeking employment in Virginia.
Background checks in Virginia are typically conducted through the Virginia State Police or a third‑party consumer reporting agency. Employers may see records of arrests, charges, and dispositions. Even when a charge was dismissed or resulted in an acquittal, it often remains visible unless the individual petitions for expungement. Under Va. Code § 19.2‑392.2, a person who was acquitted, whose charge was nolle prosequi, or whose case was otherwise dismissed may petition the circuit court for expungement of police and court records. Successfully obtaining an expungement removes the record from public view, which can significantly improve employment prospects. Additionally, Virginia’s 2021 record‑sealing framework (Va. Code §§ 19.2‑392.5 through 19.2‑392.16) is being phased in and will eventually allow sealing of certain convictions, creating a new path to keep records from employers.
Certain occupations in Virginia are regulated by state licensing boards—such as nursing, law, teaching, real estate, and emergency medical services—that may deny or revoke a license based on a criminal conviction that involves moral turpitude, dishonesty, or a threat to public safety. Even if a license is not automatically denied, the board may impose conditions or require a hearing. Individuals with a felony record may also face federal statutory restrictions on employment in fields like securities (FINRA) or transportation (TSA). For these reasons, it is important to evaluate the specific nature of the record and any available post-conviction remedies well before applying for a position that requires a license or background check.
Frequently asked questions
Can employers in Virginia see my criminal record?
Yes, employers in Virginia can see many types of criminal records, including arrests and charges that did not lead to a conviction, unless the record has been expunged or sealed. Virginia law does not restrict private employers’ access to criminal history information, and many use commercial background check services that draw from state and county repositories. Even records that were dismissed or resulted in an acquittal may appear. Obtaining an expungement under Va. Code § 19.2‑392.2 or pursuing record sealing under the 2021 framework are the primary ways to remove records from public view for employment purposes.
What types of jobs in Virginia are off‑limits with a criminal record?
Federal and state laws prohibit certain individuals with criminal records from holding specific jobs, especially those involving vulnerable populations, national security, or public trust. Examples include K‑12 educators, licensed healthcare professionals, law enforcement officers, attorneys, and positions requiring a financial‑industry license (FINRA, SEC). Additionally, any felony conviction that results in a lifetime firearms prohibition under federal or Virginia law may bar employment in security or armed roles. Beyond legislative bars, some employers maintain blanket policies against hiring individuals with any felony conviction, regardless of the position.
How can I seal or expunge a criminal record in Virginia?
In Virginia, expungement of non‑conviction records (acquittals, nolle prosequi, dismissals) is available by petition under Va. Code § 19.2‑392.2, and a phased‑in 2021 sealing statute will eventually allow sealing of certain convictions. Expungement removes the record from public databases, while sealing restricts who may view it without complete removal. To pursue relief, an individual must file a petition in the circuit court where the charge was brought, serve notice on the Commonwealth’s Attorney, and demonstrate that the record meets the statutory criteria. The process benefits from the guidance of an experienced attorney to navigate procedural requirements and present persuasive evidence.
Do I need a lawyer to help with employment‑related criminal record issues in Virginia?
While you are not required to have a lawyer to petition for expungement or to respond to an employer’s adverse action based on a background check, legal representation significantly improves the likelihood of a successful outcome. An attorney can help determine whether a particular record qualifies for expungement or sealing, gather necessary documentation, prepare and file the petition, and advocate at any hearing. Additionally, a lawyer can advise on how to disclose a record to a potential employer and challenge inaccuracies on a background report. Contact our firm at (888) 437‑7747 to discuss your situation.
How long does a criminal record stay on file in Virginia?
A criminal record can remain on file permanently unless you take proactive legal steps to expunge or seal it. Unlike some states, Virginia does not currently have an automatic clearing of even non‑conviction records after a set period. Misdemeanor and felony convictions generally remain public records indefinitely. The 2021 record‑sealing legislation, when fully implemented, will introduce a mechanism for certain records to be sealed automatically after a waiting period, but until that system is operational, expungement remains the primary tool for removing records.
Does a DUI conviction affect employment in Virginia?
Yes, a DUI conviction can affect employment in Virginia, especially for jobs that require driving, a professional license, or a security clearance. Employers in the transportation, delivery, and commercial‑driving industries may automatically disqualify an applicant with a recent DUI. Certain professional licensing boards (nursing, teaching, real estate) may consider a DUI as a reflection of moral character or fitness to practice. Even when an employer does not have a strict policy, a DUI appearing on a background check can hurt an applicant’s competitiveness. Consulting an attorney about possible defenses or post‑conviction remedies may help mitigate career impact.
Can a criminal record prevent me from getting a professional license in Virginia?
Yes, a criminal record can be a basis for denying, suspending, or revoking a professional license in Virginia, depending on the nature of the offense and the licensing board’s regulations. The Virginia Department of Professional and Occupational Regulation (DPOR) and individual boards (e.g., Board of Nursing, Board for Contractors) review criminal convictions for relevance to the licensed profession. Offenses involving moral turpitude, fraud, violence, or substance abuse are often scrutinized. Applicants may request a predetermination from some boards before completing education or examination requirements. Legal counsel can assist in preparing disclosures and advocating for licensure.
What is Virginia’s “ban the box” law and does it apply to private employers?
Virginia’s “ban the box” policy, enacted by Executive Order 12, applies only to state government agencies and removes criminal history questions from initial employment applications. Private employers in Virginia are not required to delay background inquiries and may ask about criminal history on an application or during an early interview. Some localities, such as the City of Richmond, have enacted ordinances that extend similar restrictions to city contractors. Because the patchwork of rules varies, checking the specific employer’s policy and the applicable local law is important.
What can I do if an employer denies me a job because of an old misdemeanor?
If an employer denies you a job based on an old misdemeanor, you may be able to improve your future prospects by seeking expungement or sealing of that record if the charge was dismissed or you were acquitted. Virginia’s expungement statute covers misdemeanor and felony charges that did not result in a conviction. Once the record is expunged, you can lawfully state that no such charge exists for most employment purposes. If the misdemeanor resulted in a conviction, the 2021 sealing framework may eventually allow that conviction to be sealed after a statutory waiting period. In the interim, presenting character references and evidence of rehabilitation can help in the hiring process. For guidance on pursuing post‑conviction relief, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Will a juvenile record show up on an employment background check in Virginia?
Generally, juvenile delinquency records in Virginia are not considered criminal convictions for employment purposes and are typically inaccessible to private employers. Virginia Code § 16.1‑299 limits disclosure of juvenile court records. However, certain serious offenses may exist in other law enforcement databases, and some government or security‑clearance roles may obtain access. A lawyer can help review what records might appear and, if necessary, move to seal or destroy them where permitted.
How do Virginia’s expungement and sealing laws compare to those in neighboring states?
Virginia’s expungement law is narrower than many neighboring states’ because it currently applies only to non‑conviction records; the pending 2021 sealing legislation is expected to expand relief to certain convictions and bring the Commonwealth closer to the practices of Maryland and D.C. Maryland allows expungement of many misdemeanor convictions after a waiting period, and D.C.’s “Clean Slate” law mandates automatic sealing of many records. For individuals in Northern Virginia who may work in D.C. Or Maryland, understanding the cross‑border rules can be critical. An attorney admitted in multiple jurisdictions can explain how each state’s laws might affect your employment search.
About Mr. Sris and the firm’s Of Counsel attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has concentrated his practice on criminal defense and post‑conviction relief since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys bring extensive collective experience in handling expungement petitions, record‑sealing matters, and criminal cases that carry employment consequences. For a consultation about how a criminal record may affect your employment in Virginia, call (888) 437‑7747. By appointment only. Results may vary.
Official resources: Read the expungement statute at Virginia Code § 19.2‑392.2 (expungement of non‑conviction records). Learn more about court procedures and forms at the Virginia Judicial System website.
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