Searching for work in Virginia after a criminal conviction can be both discouraging and confusing. Many job seekers worry about how their records will influence employers’ decisions, while others are uncertain about how Virginia’s laws protect them—or where those laws fall short. At Law Office of Shawn M. Cline, PC, we know how much your career prospects matter, and we believe every person deserves a clear path forward. Let’s explore how a criminal record impacts employment opportunities in Virginia, focusing on real challenges, practical solutions, and the rights you have as an applicant.
How Do Employers in Virginia Access & Use Criminal Records During Hiring?
Most Virginia employers rely on background checks when evaluating job candidates, particularly in sectors involving sensitive information, finances, or public trust. Background checks are generally conducted through the Virginia State Police, private screening companies, or public court databases. Depending on the job and employer policies, these checks can range from local court records to multi-state or federal criminal history reviews. This means that criminal convictions, pending charges, and, in some cases, records of dismissed cases can appear in employer checks.
In Virginia, there are no blanket bans on private employers from looking into your criminal history. However, companies must comply with the federal Equal Employment Opportunity Commission (EEOC) guidelines, which require a fair, individualized assessment. This process considers the type of offense, how long ago it happened, and whether the crime relates directly to the job duties. Employers cannot automatically reject anyone with a record—they must weigh whether the record is job-related and recent enough to matter.
Employers in education, healthcare, government, and child care often face higher scrutiny levels due to state or federal mandates. Yet many private companies set their own standards. Knowing what your background check is likely to reveal helps you anticipate questions, prepare your responses, and present your strengths confidently—instead of being blindsided. If you encounter discrepancies or errors, you have the right to dispute information and seek correction before it affects your livelihood.
Which Criminal Records Most Impact Job Eligibility in Virginia?
Not all criminal convictions carry the same weight, and the distinction between felonies, misdemeanors, pending, and dismissed cases can make a significant difference in your employment prospects. Felony convictions present the greatest barrier, especially for jobs subject to regulation or professional licensing, such as positions in government, law enforcement, healthcare, or education. For these roles, even older felonies can be major obstacles.
Misdemeanors are less severe but may still influence hiring, particularly if the offense links to a job's requirements. For example, a misdemeanor DUI can disqualify applicants for driving, delivery, or transportation positions. Theft or fraud-related convictions present additional challenges in finance, retail, or any roles where trust and property are involved. Many applicants are surprised to discover that charges dismissed in court or resolved without conviction can still appear in background checks until they are expunged, which is why pursuing expungement when eligible makes a big difference.
Pendings charges tend to create uncertainty during the hiring process. Many employers pause or withdraw applications if you have unresolved court cases, especially in fields where safety or integrity is paramount. The good news is employers in many industries show more flexibility when an applicant’s record is minor or aged. Understanding which records employers focus on—and why—allows you to better target your job search and craft effective, transparent explanations where needed.
Does “Ban-the-Box” Protect Job Applicants in Virginia?
Virginia’s statewide “Ban-the-Box” policy helps level the playing field by limiting when public sector employers can ask about past convictions. State agencies and many local governments must wait until later in the hiring process—often after an initial interview or conditional job offer—before requesting information about criminal records. This ensures all applicants are considered on their qualifications first, not their criminal history.
For private employers, “Ban-the-Box” is not currently required under Virginia law. However, a growing number of private businesses voluntarily delay background checks or conviction questions, especially if they follow national best practices or receive incentives under fair chance hiring programs. In cities like Richmond, additional local ordinances extend these protections to all municipal employees and contractors, offering even broader safeguards.
It’s important to remember that exceptions still exist. Positions in law enforcement, corrections, education, or with access to sensitive populations may require early disclosure as part of state regulations. If you’re concerned about timing, research the employer’s hiring practices before applying. When the topic does arise, take ownership by providing honest, concise answers accompanied by evidence of your rehabilitation, references, and career growth.
What Can Virginia Employers Ask About Criminal History on Applications?
Virginia law allows most private employers to include questions about criminal convictions on job applications. However, there are boundaries. Employers cannot ask about:
- Arrests that did not result in conviction
- Records that were sealed or expunged
- Juvenile records
Public sector employers following “Ban-the-Box” must avoid these questions until later. When convictions must be disclosed, answer honestly and succinctly. Inaccurate information can result in disqualification or dismissal if discovered later. Before filling out applications, get your official Virginia criminal history through the Virginia State Police so you know exactly what appears on your record and can prepare an accurate explanation.
When you’re asked about convictions, practical responses should:
- Briefly state the nature of the offense
- Highlight the time elapsed since the event
- Present your rehabilitation and positive changes
- Mention professional or community references (when allowed)
If you encounter questions about non-convictions or expunged cases, politely clarify your status and, if needed, provide written documentation. If your application is denied due to a conviction, you have the right to request and review the background check used in the decision. If the employer violated regulations, consider reaching out for legal guidance.
How Does a Criminal Record Affect Security Clearances & Professional Licenses in Virginia?
Jobs that require security clearances—such as those with the military, federal agencies, or defense contractors—naturally involve in-depth background investigations. These checks look beyond local court records to include federal offenses, out-of-state convictions, and sometimes even non-conviction history. Clearance decision-makers evaluate not only the type of offense but whether it reflects on national security, trustworthiness, and judgment. Drug crimes, violent offenses, and financial crimes often carry the highest risks of denial or revocation.
Many career fields in Virginia—especially healthcare, nursing, teaching, law, and real estate—require professional licenses. Each licensing board has its own requirements and review process, examining how recent, severe, or relevant an applicant’s record is to the profession. Some convictions trigger mandatory waiting periods or automatic exclusion; others go through a discretionary review, where letters of recommendation, rehabilitation, and the applicant’s work history can be influential.
Applicants should anticipate answering additional questions and providing supporting documentation. A well-prepared application may include:
- Personal statements of growth and accountability
- Documentation of rehabilitation, such as treatment completion or community service
- Strong references from employers, educators, or community leaders
- Proof of ongoing employment, education, or volunteer work
For regulated industries, early preparation makes a difference. Work with legal and career advisors who understand the standards specific to your field and can help you build the strongest possible case for approval.
Which Jobs & Industries in Virginia Commonly Hire People with Criminal Records?
Despite the challenges, many Virginia employers and entire industries regularly hire individuals with criminal backgrounds. These opportunities are most often found in sectors with ongoing worker shortages, growth, or a strong commitment to “second chance” hiring. Industries such as construction, manufacturing, hospitality, cleaning services, landscaping, warehousing, and trucking are especially open-minded.
Certain staffing agencies, community organizations, and retail chains use hiring models designed to connect people with records to job opportunities. Programs supported by Virginia’s Department of Corrections or organizations like Virginia CARES help with employer matchmaking, interview preparation, and skills training, making it much easier for returning citizens to find steady work. Workforce boards and reentry nonprofits in Hampton Roads and across the state regularly hold job fairs that welcome those with criminal histories.
To maximize your chances, focus your job search on “background-friendly” employers, check postings for inclusive language, and tap into networks designed for reentry candidates. Persistence pays off—while some employers implement background checks using strict criteria, others weigh your skills and attitude well above your past.
What to Do If You're Denied a Job Because of Your Criminal Record in Virginia
If you’re denied a position based on your criminal record, don’t lose hope—there are several steps you can take to assert your rights and pursue better opportunities. Start by requesting a copy of the background check and written notice of denial. If a third-party consumer reporting agency performed the check, federal law entitles you to an “adverse action notice” outlining which records the employer considered and how to dispute them.
Carefully review the report for inaccuracies, including:
- Outdated or resolved charges still listed as active
- Expunged, sealed, or juvenile records appearing in the report
- Criminal records belonging to another individual with a similar name
If you spot any incorrect or outdated information, file a written dispute with the reporting agency and provide documentation of your claim. The agency must investigate and correct errors, usually within 30 days. For legitimate convictions, you can still reach out to the employer with a written explanation and letters of recommendation, highlighting how your history is no longer a barrier to your success. If you believe denial was discriminatory or involved prohibited questions, contact a trusted legal professional right away to discuss your next steps.
How Does Expungement Work in Virginia & How Does It Affect Employment?
Expungement in Virginia allows for the sealing of certain criminal records, making them inaccessible to most employers or the general public. Only charges that resulted in acquittal, dismissal, nolle prosequi (where the prosecution drops the case), or certain mistaken identity cases can be expunged under current law. Convictions are far less often eligible for expungement, although recent reforms are slowly expanding access under limited conditions.
To pursue expungement, you must:
- Obtain certified copies of your final disposition or court order
- File a petition in the circuit court where the case occurred
- Serve the Commonwealth’s Attorney, who may contest your request
- Attend a hearing if necessary to argue for why your record should be sealed
Once the court approves your expungement, the record is removed from public databases, and most employers performing background checks will be unable to view it. Some exceptions remain: law enforcement, courts, and certain licensing authorities may still access sealed records under specific circumstances. With a successful expungement, you are legally entitled—on future job applications—to answer “no” when asked about the sealed case, giving you a much clearer path to employment.
What Veterans & Active-Duty Military Should Know About Criminal Records & Civilian Employment
Veterans and active-duty service members in Virginia face distinct obstacles when civilian employers review their criminal records. Military convictions under the Uniform Code of Military Justice (UCMJ) may impact future career choices just as much as state court records. In some cases, military offenses may not appear on standard state background checks but will be captured in federal or Department of Defense screenings—especially important for positions requiring security clearances or employment on federal installations.
Transitioning from service to civilian work adds another layer of complexity. Defense contractors, government agencies, and private employers with federal contracts often use background investigations that merge military and civilian offense history. Failing to recognize, address, or explain these records can delay or derail job placement. To prepare for applications, we recommend:
- Requesting a personal copy of both your military and civilian records
- Consulting with a legal professional versed in UCMJ and state law
- Preparing thorough, honest explanations for any offenses
- Gathering character references from military and civilian supervisors
By taking these steps, military-affiliated applicants demonstrate transparency, reliability, and a strong commitment to their future employers. At Law Office of Shawn M. Cline, PC, our background in representing both civilian and military personnel provides us with the insight to help you navigate these unique hurdles and present your service in the best possible light.
How to Correct Errors or Outdated Information on Your Background Check in Virginia
Background check errors can block access to jobs you deserve. Virginia law, backed by federal protections, gives you the right to challenge and correct false information. If you spot a mistake—such as a case that’s been sealed, a charge that’s resolved, or a conviction from another person attached to your record—act quickly.
Take these steps to resolve background check errors:
- Obtain your official criminal record from the Virginia State Police and compare it against any employer-provided report
- File a written dispute with the background check agency, providing documentation such as court orders or expungement certificates
- Alert the employer of the dispute, and request a hold on any employment decision while the issue is resolved
- Follow up to ensure corrections are made within the required 30-day window
If the agency refuses to correct the record or you face repeated denials despite clearing up errors, a criminal defense attorney can intervene on your behalf. Legal action may be warranted if an employer continues to rely on inaccurate information, but most issues are resolved by persistent, well-documented communication. Protecting your record protects your future—never let incorrect paperwork stand in the way of fair employment.
Why Consulting a Criminal Defense Lawyer Protects Your Employment Future
Navigating criminal records and employment laws in Virginia can be intimidating, especially when every application and interview feels like an uphill battle. Working with a criminal defense attorney gives you a clear understanding of your rights, options for expungement, and the most current strategies for minimizing your record’s impact on your job search. Laws and hiring standards evolve, and staying up-to-date means you won’t miss critical opportunities—or encounter avoidable setbacks.
At Law Office of Shawn M. Cline, PC, we take the time to review your background, assess eligibility for expungement or record sealing, and help you build persuasive, honest explanations for employers, licensing boards, or government agencies. We work closely with clients throughout Virginia, and our background provides insights for both civilian hiring processes and military transition challenges. Our team’s commitment to client education means you understand each step, every option, and how to tell your professional story in the strongest possible way.
If you’re ready for personal guidance and practical support as you take the next steps in your career journey, call (757) 209-2328. There’s always a way forward—and we’re here to help you find it.