Conducting Criminal Record Checks in Virginia

Criminal record checks are authorized for the following employers: school boards for the purpose of screening individuals who are offered or accept public school employment; licensed nursing homes for adults, licensed district homes for adults and licensed adult day-care centers for the investigation of applicants for compensation employment; the Department of Mental Health, Mental Retardation and Substance Abuse Services and facilities operated by the Department, personnel in private preschool or nursery school programs, school bus drivers, hospital pharmacy employees, and employees of residential facilities for juveniles, for the purpose of determining an individual's fitness for employment.

Employers in Virginia may not require prospective employees to provide information concerning any arrest or criminal charges that have been expunged.

The governing boards or administrators of accredited private or parochial schools must require applicants who accept employment for the first time after July 1, 1998, to provide personal descriptive information that will be forwarded, along with the applicant's fingerprints, to the FBI for the purpose of obtaining criminal history information. The law applies to elementary and secondary schools and to full-time, part-time, permanent and temporary employees.

As a condition of employment, school boards of certain counties and cities that follow the executive form of government must require any individual who accepts employment after July 1, 1989, to submit to fingerprinting, to be forwarded to the FBI for a criminal background check.

Fingerprinting is also required of employees in the private security industry who are required to register with the Department of Commerce.

All persons employed by the State Lottery Department must be fingerprinted as a condition of employment.