Table of Contents
One of the biggest reasons people pursue expungement in Virginia is to clear their record for background checks. Whether you are applying for a job, renting an apartment, or seeking a professional license, a criminal record can create serious barriers. But does expungement actually remove the record from background checks? Here is what you need to know.
The Short Answer
Once a Virginia court grants your expungement, your record should not appear on standard background checks. The expungement order directs the Virginia State Police and other agencies to seal the record, making it inaccessible through normal channels. However, the process is not always instant, and there are some important nuances to understand.
Key Point: Expungement does not destroy your record — it seals it. The record still exists but is removed from public access. For most practical purposes, including employment and housing background checks, an expunged record should not appear.
How Expungement Affects Your Record
When a judge grants an expungement under Virginia Code § 19.2-392.2, the court issues an order directing several things:
- The Virginia State Police must remove the record from their criminal history database
- The court clerk must seal the court records related to the charge
- The arresting law enforcement agency must seal their records of the arrest
- Any other agencies that received information about the charge must seal their records
After these agencies process the order, the record becomes invisible to standard background check queries. The processing time typically takes 6 to 12 weeks after the court order is signed.
State-Level Background Checks
For Virginia State Police background checks, an expunged record should not appear. When an employer or landlord runs a criminal background check through the Virginia State Police, the sealed record should be excluded from the results.
This is the most reliable level of removal because the VSP directly processes the expungement order and removes the entry from their active criminal history database. Virginia court records are also sealed, meaning online court record searches should not return results for the expunged charge.
Federal and FBI Background Checks
Federal background checks present a more complex picture. The FBI maintains its own criminal history database (known as the Interstate Identification Index or III), which is separate from state databases. When Virginia processes an expungement, the state is required to notify the FBI to update their records.
In practice:
- FBI records should be updated to reflect the expungement, but this process can take longer than state-level updates
- Federal security clearance checks may still reveal expunged records, as these involve a higher level of scrutiny
- Certain federal employment positions (law enforcement, intelligence agencies) may have access to sealed records
Important: If you are applying for a federal position that requires a security clearance, expunged records may still be accessible. Honesty is critical in these situations, as providing false information on a federal application can have serious consequences.
Commercial Background Check Companies
This is where things can get tricky. Many employers and landlords use commercial background check companies (like Checkr, GoodHire, or Sterling) rather than going directly through the Virginia State Police. These companies compile records from multiple sources, including:
- Court records databases
- Public records aggregators
- State and county criminal databases
- News reports and media archives
Even after a successful expungement, commercial databases may take time to update. Some companies refresh their data infrequently, meaning an expunged record could still appear temporarily in their reports. Under the Fair Credit Reporting Act (FCRA), background check companies are required to report accurate information, and reporting an expunged record violates this requirement.
If an expunged record appears on a commercial background check, you have legal recourse to dispute the report and have it corrected.
Your Rights with Employers
After your record is expunged in Virginia, you gain important legal protections regarding employment:
- You can legally answer “no” when asked on job applications whether you have been arrested or charged with a crime (for the expunged charge)
- Employers cannot hold an expunged record against you in hiring decisions
- You cannot be fired or disciplined for failing to disclose an expunged record
These protections are a significant benefit of expungement and can dramatically improve your employment prospects and housing opportunities.
Practical Tip: Even after expungement, it is wise to check your own background through a commercial background check service to verify that the record has been removed. If it still appears, you can take steps to dispute it before a potential employer sees it.
Exceptions: When You Must Disclose
While expungement provides broad protection, there are limited situations where an expunged record may still be relevant or accessible:
- Federal security clearance applications: These require disclosure of all criminal history, including expunged records
- Law enforcement employment: Positions with police departments or other law enforcement agencies may have access to sealed records
- Certain professional licensing boards: Some licensing authorities (such as those for healthcare or legal professions) may require disclosure of expunged records
- Future criminal proceedings: If you are charged with a new crime, the previously expunged record may be accessible to the court
- Firearms purchase background checks: Depending on the nature of the original charge, expunged records may still affect NICS background checks
For most everyday purposes — standard employment, housing, education, and volunteer positions — an expunged record should not appear and you are not required to disclose it.
What If an Expunged Record Still Appears?
If your expunged record continues to show up on background checks, take these steps:
- Verify the expungement was processed: Contact the circuit court clerk to confirm the expungement order was sent to all relevant agencies
- Check with the Virginia State Police: Request a new criminal history record to verify the charge has been removed from their database
- Dispute the report: If a commercial background check company is reporting the expunged record, file a dispute under the Fair Credit Reporting Act. They are legally required to investigate and correct inaccurate information
- Seek legal assistance: If the record continues to appear after your dispute, consult with an attorney. The Virginia Legal Aid or Virginia State Bar Lawyer Referral Service can help connect you with a lawyer
Get Started with Expungement
If you have a criminal record in Virginia that is affecting your background checks — and you believe it may be eligible for expungement — do not wait. Every day that record remains unsealed is another day it could cost you a job, a home, or an opportunity.
SealMyRecordVirginia.com makes the expungement process simple and affordable. For just $199, we prepare your complete expungement petition and court-ready documents. Check your eligibility for expungable charges and take the first step toward a clean record.