Table of Contents
- The Reality of Job Searching with a Record
- How Background Checks Work in Virginia
- What Employers Can See: Arrests vs. Convictions
- Why Even Dismissed Charges Hurt Your Chances
- Virginia’s Ban the Box Law
- Industries with Strict Background Requirements
- The Manifest Injustice Standard and Employment
- How Expungement Helps with Employment
- Your Rights After Expungement
- Taking Action to Improve Your Employment Prospects
A criminal record in Virginia can create significant barriers to employment, even when the charges were dismissed or the offense was minor. Research consistently shows that individuals with criminal records face substantially lower callback rates from employers.
The Reality of Job Searching with a Record
In Virginia, the impact is amplified by the federal government and military presence in Northern Virginia, the growing tech sector, and the prevalence of background screening across industries.
How Background Checks Work in Virginia
Virginia State Police Criminal History Check
The CCRE maintains criminal history records for the state.
Third-Party Background Check Companies
Most employers use commercial screening services that compile records from multiple sources.
FBI National Criminal Background Check
Required for government, healthcare, education, and financial services positions.
What Employers Can See: Arrests vs. Convictions
Under the Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, while non-conviction records can be reported for up to seven years.
Important: While federal law restricts how long non-conviction records can be reported, the underlying court records still exist until they are expunged.
Why Even Dismissed Charges Hurt Your Chances
- Background reports show the charge itself
- Automated screening systems flag any criminal record entries
- Employer misunderstanding of dismissal significance
- Risk-averse hiring culture
Virginia’s Ban the Box Law
Virginia state agencies cannot ask about criminal history on the initial job application. Private employers are generally not covered by the state ban the box law.
Limitation: Virginia’s ban the box law applies primarily to state government employers.
Industries with Strict Background Requirements
- Healthcare: Background checks required for direct patient care positions
- Education: Background checks through the Virginia Department of Education
- Government and Security Clearances: Even dismissed charges can raise questions
- Financial Services: Federal regulations require background checks
- Childcare and Elder Care: Background screenings for vulnerable populations
The Manifest Injustice Standard and Employment
In Gomez v. Commonwealth, the petitioner argued that the record was causing difficulty obtaining employment. Courts consider specific instances of denied employment, the nature of the charge, and the severity of ongoing harm.
How Expungement Helps with Employment
- Clean background check results
- No disclosure requirement
- Access to restricted industries
- Security clearance eligibility
- Professional licensing
Your Rights After Expungement
- Right to deny the arrest
- No adverse employment action based on expunged record
- Sealed court records
Know your rights: After expungement, you can legally state on job applications that you have not been arrested for or charged with the expunged offense.
Taking Action to Improve Your Employment Prospects
- Check your record
- Determine expungement eligibility
- File for expungement (SealMyRecordVirginia.com makes this affordable at $199)
- Know your rights under ban the box
- Prepare your narrative
- Seek certificates of rehabilitation