How does a criminal record affect employment in Virginia

A criminal record can create real obstacles when you are looking for a job in Virginia. Many employers conduct background checks, and a conviction—even a misdemeanor—may surface during that screening. Depending on the offense and the position, a record could limit career opportunities, affect professional licensing, or make it harder to pass a background check. Fortunately, Virginia law provides options for clearing or sealing certain records, which can help reduce the impact on your employment prospects. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team guide individuals through the process of understanding what appears on their record and pursuing the relief available under Virginia law. Reach our location at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding the Impact of a Criminal Record on Employment in Virginia

Employers in Virginia are permitted to review criminal history when making hiring decisions, though the extent depends on the employer’s policies and the nature of the job. For example, positions requiring a government security clearance, working with vulnerable populations, or holding a professional license often involve deeper scrutiny of any criminal record. A conviction may not automatically disqualify you, but it can influence an employer’s perception of your reliability or trustworthiness.

Virginia does not have a “ban the box” law that applies to private employers, so many companies ask about criminal history on initial job applications. However, public employers and state agencies are generally prohibited from inquiring about an applicant’s record until later stages of the hiring process. Additionally, federal laws like the Fair Credit Reporting Act (FCRA) impose requirements on how background-check companies report criminal history, including accuracy and timing obligations. Even if a charge did not lead to a conviction, it might still appear on some background checks unless steps are taken to expunge or seal the record.

Frequently Asked Questions

Can an employer see my criminal record in Virginia?

Yes, most employers in Virginia can see convictions on a standard background check, though non-conviction records may also appear if not expunged. Private background-check companies compile information from court databases, so any unsealed public record—arrests, charges, or dispositions—can show up. However, the FCRA requires employers to get your written consent before running a background check and to give you a copy of the report if they decide not to hire you based on its contents. Taking legal action to clear eligible records remains the most effective way to limit what employers can access.

What types of criminal records can be expunged in Virginia?

Virginia law generally allows expungement only for charges that did not result in a conviction—acquittals, nolle prosequi, and dismissals. Under Va. Code § 19.2-392.2, a person whose case ended in one of these outcomes may petition the circuit court to have the police and court records removed from public access. Convictions are not eligible for traditional expungement, though Virginia’s 2021 record-sealing framework created a path for certain convictions to be sealed automatically after a specified waiting period. Consulting experienced counsel can clarify which form of relief fits your specific situation.

How does expungement work in Virginia?

Expungement in Virginia requires filing a petition in the circuit court of the jurisdiction where the charge was brought, demonstrating that the case ended in a favorable disposition. The Commonwealth’s Attorney has an opportunity to object, and the judge decides whether continued public access to the record would cause a “manifest injustice.” If granted, the court orders the removal of all related records from public databases. The process typically involves a hearing, so legal guidance can streamline the paperwork and presentation. For a consultation about your eligibility, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Will a sealed record show up on a background check?

No, a properly sealed record under Virginia’s 2021 sealing framework should not appear on routine employment background checks. The law requires that sealed records be removed from public-facing systems, though certain government agencies may still access them under limited circumstances. Automatic sealing is being phased in for certain qualifying convictions and dismissed charges after the required waiting period elapses. Once sealed, the record is treated as if it never happened for most civil purposes, including employment. Contact our firm to confirm whether your record might qualify for sealing.

Can I get a professional license with a criminal record in Virginia?

A criminal record does not necessarily bar you from obtaining a professional license in Virginia, but it can complicate the process. Licensing boards for fields like nursing, real estate, accounting, and law consider each applicant’s criminal history individually. They typically evaluate the nature of the offense, how much time has passed, and whether the crime is directly related to the duties of the profession. Demonstrating rehabilitation and good moral character can improve your chances. An attorney experienced in Virginia licensing matters can help prepare the disclosure and present mitigating evidence to the board.

Do I need a lawyer to expunge my record in Virginia?

You are not legally required to hire a lawyer to file an expungement petition in Virginia, but the process involves nuanced legal requirements that benefit from professional guidance. Petitioners must draft and serve documents on the Commonwealth’s Attorney, present a persuasive argument at a hearing, and sometimes address objections. Mistakes in procedure or insufficient showing of manifest injustice can lead to denial. Mr. Sris and his Of Counsel team have extensive experience navigating Virginia’s expungement courts and can handle the process efficiently. Call (888) 437-7747 to discuss how we can assist.

How long does an expungement take in Virginia?

The timeline for expungement depends on the court’s schedule and the complexity of the case, not a fixed number of days. After filing, the Commonwealth’s Attorney has a period to respond, and the court sets a hearing date based on its calendar. If the petition is uncontested, the order may be entered relatively quickly; contested matters take longer. Once granted, the order must be processed by law enforcement and court clerks, which adds administrative time. For guidance on your specific matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What is the difference between expungement and record sealing in Virginia?

Expungement in Virginia physically removes records from public access and is limited to non-convictions, while record sealing restricts access to records of certain convictions after a waiting period. The 2021 sealing law established automatic sealing for some convictions, meaning the records are hidden from the public without a court petition. Expungement requires a court order and applies only to acquittals, nolle prosequi, or dismissals. Both remedies aim to limit the impact on employment, but the eligibility criteria differ. An attorney can evaluate your record and explain which option may be available.

Can a DUI conviction affect my employment in Virginia?

Yes, a DUI conviction can affect employment, especially for jobs that involve driving, security clearances, or professional licenses. Even a first-offense DUI remains a permanent criminal record unless it is later sealed under the 2021 framework. Employers in transportation, sales, government, and healthcare often view a DUI as a red flag, and some may terminate existing employees. Virginia does permit restricted driving privileges for work during license suspension, but the conviction itself remains visible on background checks unless sealed. Early legal intervention can sometimes result in a reduction of the charge, which may lessen the employment consequences.

How do I start the process of clearing my criminal record in Virginia?

Begin by obtaining a complete copy of your Virginia criminal record and consulting with an attorney to determine which charges may be eligible for expungement or sealing. You can request your record from the Virginia State Police. Once you know the dispositions, counsel can identify the appropriate relief—expungement for non-convictions, sealing for certain convictions—and prepare the necessary filings. The process involves court appearances in the jurisdiction where the case originated, so working with a lawyer who appears regularly in Virginia courts can make a meaningful difference. To schedule a consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor and brings that insight to every case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), and he has practiced extensively in Virginia criminal and post-conviction matters. Alongside him, the firm’s Of Counsel attorneys each contribute over a decade of litigation experience. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide results. Results may vary. The firm’s Fairfax Location serves clients statewide, appearing in General District Courts and Circuit Courts across Virginia.

Last reviewed: June 2026

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