Virginia Enacts Criminal History Record Protections
As of July 1, 2026, employers of all sizes generally can’t require applicants to disclose sealed arrests, charges, or convictions at any point during the hiring process, including on employment applications or during interviews. Additionally, when responding to employer questions about arrests, charges, or convictions, applicants don’t have to reference or provide information about their sealed arrests, charges, or convictions.
The law contains several exceptions to this restriction, for example, when the position involves law enforcement or national security. Employers should review the exceptions to determine if any apply to their specific circumstances.
If a job application includes any questions about prior arrests, charges, or convictions, the employer must notify the applicant, either in the application or in a separate notice, that sealed records don’t have to be disclosed.
HB 2113 was signed by the governor on April 7, 2021, and SB 1466 was signed by the governor on April 2, 2025.
Action Items:
Update job applications and hiring materials as needed.
If your application includes criminal history questions, add the required notice either directly in the application or as a separate document provided to applicants.