Background Check Virginia: Laws & Screening Process

A background check is an essential tool for verifying an individual’s history, including criminal records, employment history, and more. In Virginia, background checks are used for various purposes, such as employment screening, tenant screening, and volunteer checks. This guide will cover the types of background checks, the process, and the best services available.

In this article, we’ll explore the fair hiring laws in Virginia and explain how to obtain a state background check. We’ll also detail what shows up on these checks, including civil court searches, education verification, and more. Lastly, we’ll review the best background check services in Virginia to help you make an informed decision.

What Is a Virginia Background Check?

A Virginia background check is a thorough review of an individual’s history, typically conducted to verify their suitability for employment, tenancy, or other purposes. These checks can reveal important details about a person’s past, including criminal records, education history, and employment verification.

In Virginia, these checks are an essential part of the hiring process, ensuring that employers hire qualified and trustworthy individuals. They also help in assessing risks and protecting the safety and integrity of the workplace. In addition to employment, background checks are used for various purposes such as rental applications, volunteer screenings, and even personal use.

How Do I Get a State Background Check in Virginia?

Getting a Virginia state background check involves several steps.

First, visit the Virginia State Police website to get the forms needed for your request. Download and complete the SP-167 or SP-230 form, depending on the type of background check you need. Ensure all required information is accurately filled out.

Next, get your form notarized. This step is important as it verifies your identity and the authenticity of your request. After notarization, prepare the required payment. The fee varies depending on the type of check, so check the latest fee schedule on the Virginia State Police website. Payment can typically be made via check or money order.

Once your form is notarized and payment is prepared, mail your documents to the Virginia State Police. The address for mailing is provided on the form. After submission, processing times can vary, but you should expect to receive your background check results within a few weeks. Ensure you keep a copy of all submitted documents for your records.

What Shows up on a Virginia Background Check?

A Virginia background check can include various types of information, depending on the scope of the check:

Civil Court Searches

Civil court searches in Virginia uncover information about an individual’s involvement in non-criminal legal matters. These searches can reveal details about lawsuits, divorce proceedings, custody battles, and other civil cases. Employers often use civil court searches to assess a candidate’s potential legal liabilities.

For instance, if an applicant has been involved in numerous lawsuits, it might indicate a history of contentious behavior. Similarly, information about financial disputes or custody battles can provide insights into an individual’s circumstances.

Education Verification

Education verification checks confirm an individual’s educational background. This process involves contacting educational institutions to verify degrees, diplomas, and certifications listed on a candidate’s resume. In Virginia, this step ensures that the credentials claimed by the applicant are legitimate.

Employers often require education verification to ensure that candidates have the necessary qualifications for the job. Discrepancies between claimed and verified educational credentials can indicate dishonesty, impacting the candidate’s suitability for the position. Accurate education verification helps maintain integrity in the hiring process.

Criminal Background Checks

Criminal background checks are a critical component of the pre-employment screening process in Virginia. These checks reveal an individual’s criminal history, including any felonies, misdemeanors, and other legal issues. Accessing Virginia criminal records helps employers assess the potential risk a candidate might present.

The Virginia criminal background check process typically involves searching state and local databases to uncover any past criminal activity. Information obtained from these checks can influence hiring decisions, especially for positions requiring high levels of trust and responsibility. Ensuring a safe workplace is a primary concern for employers.

Driving Record Checks

Driving record checks provide a detailed history of an individual’s interactions with motor vehicle authorities. These checks reveal information about traffic violations, license suspensions, and accidents. For positions that involve driving, such as delivery or transportation roles, motor vehicle records are important.

Employers use driving record checks to ensure that candidates have a safe driving history. A poor driving record can indicate risky behavior, which might be unsuitable for roles involving company vehicles or extensive driving. Maintaining a safe fleet is essential for businesses that rely on drivers.

Drug Testing

Drug testing is a mandatory part of the pre-employment background checks in Virginia. This process involves screening applicants for the presence of illegal substances. Employers prioritize drug testing to ensure a safe and productive work environment.

The results of drug tests can significantly impact hiring decisions. Candidates who test positive for illegal substances may be deemed unfit for employment, especially in roles requiring high levels of safety and responsibility. Regular drug testing also helps in maintaining workplace safety and compliance with regulations.

Credit Background Checks

Credit background checks review an individual’s financial history, including their credit score, debt, and payment records. Employers use these checks to assess financial responsibility, especially for positions involving financial management or sensitive information.

A candidate’s credit history can indicate their financial stability and trustworthiness. Poor credit history may raise concerns about their ability to handle job responsibilities effectively. Ensuring financial integrity is important for roles that deal with company finances or sensitive financial data.

Employment Verification

Employment verification confirms an applicant’s work history, including past employers, positions held, and duration of employment. This step ensures that the information provided on the resume matches the actual work experience.

Employers contact previous employers to verify details such as job titles, responsibilities, and reasons for leaving. Accurate employment verification helps assess the candidate’s experience and reliability. Discrepancies in employment history can indicate potential issues, affecting the candidate’s chances of being hired.

What Are the Background Check Laws and Regulations in Virginia?

Below, we outline the key laws and regulations governing background checks in Virginia.

Local Virginia Fair Hiring Laws

Virginia’s fair hiring laws aim to prevent discrimination and promote equal employment opportunities. Employers cannot discriminate based on race, color, religion, sex, national origin, age, disability, or other protected classes.

The Virginia Equal Pay Act mandates equal pay for substantially similar work, regardless of gender. Several jurisdictions, such as Richmond and Alexandria, also have “ban the box” laws that prohibit asking about criminal history on initial job applications.

Virginia Code § 19.2-392.2

Virginia Code § 19.2-392.2 governs the dissemination of criminal history record information. This code ensures that criminal records are shared responsibly and only for legitimate purposes. It also provides guidelines on who can access these records and under what circumstances, protecting individuals’ privacy while maintaining public safety.

Virginia Code § 40.1-28.7:5

Virginia Code § 40.1-28.7:5 addresses the issue of wage discrimination. This law mandates that employees performing substantially similar work must receive equal pay, regardless of gender. It aims to eliminate wage gaps and ensure fair compensation practices across the state.

Virginia Ban the Box Laws

Several Virginia municipalities have enacted “ban the box” laws to promote fair hiring practices. These laws restrict employers from asking about an applicant’s criminal history on job applications. This allows candidates to be evaluated based on their qualifications first, without the stigma of a criminal record impacting their chances.

Title VII of the Civil Rights Act of 1964

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, or national origin. This law applies to all states, including Virginia, and plays an important role in ensuring that background checks do not lead to discriminatory hiring practices.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) regulates how consumer reporting agencies can use and share information. In the context of background checks, the FCRA sets guidelines for what information can be included, how long certain records can be reported, and the rights of individuals to dispute inaccurate information. This federal law ensures that background checks are conducted fairly and transparently.

Local Virginia Fair Hiring Laws

Fair hiring laws in Virginia are designed to ensure equal employment opportunities for all job applicants. These laws prohibit discrimination based on:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Disability

Employers must adhere to these regulations to create an inclusive and fair hiring process. The Virginia Equal Pay Act mandates equal pay for substantially similar work, regardless of gender.

Several jurisdictions in Virginia, such as Richmond and Alexandria, have implemented “ban the box” laws. These laws restrict employers from asking about an applicant’s criminal history on job applications, promoting fairer initial evaluations.

Moreover, Virginia follows federal guidelines for overtime pay and has specific labor laws for agricultural workers, ensuring their protection and fair treatment.

How Far Back Does a Background Check Go in Virginia?

In Virginia, the timeframe for background checks can vary depending on the type of information being searched.

Criminal convictions can be reported on a background check regardless of how long ago they occurred. However, non-conviction criminal information, such as arrests without convictions, is typically limited to the past seven years.

This seven-year limit is influenced by the federal Fair Credit Reporting Act (FCRA), which imposes restrictions on reporting certain types of information. Employers who work with consumer reporting agencies must comply with these guidelines to ensure that outdated or irrelevant information does not affect hiring decisions.

How Long Does a Background Check Take in Virginia?

The time for background checks in Virginia can vary depending on the type of check being conducted. A standard Virginia criminal history record report, requested through the Virginia State Police, typically takes about 15 business days to process after the form is mailed in. This process involves completing the SP-167 form and awaiting the results.

For other types of background checks, such as employment verification or education checks, the time frame can differ. These checks might be completed more quickly, often within a few days, depending on the responsiveness of the institutions being contacted. It’s important to plan accordingly to accommodate these varying timelines.

How Much Does a Background Check in Virginia Cost?

The cost of a background check in Virginia can vary. Requesting a criminal history record from the Virginia State Police is $27 per report. This fee covers the processing of the SP-167 form and the retrieval of criminal records.

Background checks by private companies or for employment purposes can range from $20 to $100 or more, depending on the comprehensiveness of the check and the specific services requested. It’s important to inquire about fees beforehand to budget appropriately for the background check process.

Where To Get A Background Check In Virginia?

There are several ways to obtain a background check in Virginia. You can request a criminal background check through the Virginia State Police by completing the necessary forms and submitting them with the required fee. This option provides official records directly from the state’s law enforcement database.

Background check sites gather information for different states and offer comprehensive services for individual needs. These companies can be found online and typically provide quicker results with a required fee for their service.

Best Background Check Services 

Several trusted websites offer reliable background check services in Virginia. Here’s a look at some of the best options, including their pros and cons.

1. TruthFinder – Best for In-Depth Insights
2. Instant CheckMate – Best for Quick Results
3. BeenVerified – Best for Clear Reports

1

TruthFinder

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TruthFinder is your go-to service for comprehensive background checks. It offers detailed reports that include personal history, criminal records, and much more, providing a deep dive into an individual’s past. This service is particularly useful if you need to make well-informed decisions based on thorough information. However, it operates on a subscription basis, which might be more expensive over time.

Pros

• Extensive and detailed reports.
• User-friendly interface.

Cons

• Subscription-based, potentially costly.
• Some data may be outdated or incomplete.

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2

Instant CheckMate

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If speed is your priority, Instant CheckMate is the ideal choice. This service delivers quick access to background information, making it perfect for situations where time is of the essence. The platform is easy to use, ensuring you get the information you need without any hassle. However, the depth of information can sometimes be lacking compared to more comprehensive services.

Pros

• Fast turnaround time
• Simple and easy to navigate

Cons

• Monthly subscription fees can accumulate
• Reports may lack depth

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3

BeenVerified

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BeenVerified stands out for its clear and easy-to-read reports. It’s a great option if you prefer straightforward information without the clutter. It offers affordable pricing options, including a pay-as-you-go model. While it provides essential information, it may not be as detailed as some other services, particularly regarding financial data.

Pros

• Clear and concise reports
• Affordable pricing options

Cons

• Limited depth in some reports
• Slow customer service response times

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Conclusion On Background Check Virginia

Understanding the background check laws in Virginia is important for both employers and individuals. These laws ensure that the process is fair and protects everyone’s rights. Using reputable background check services helps you make informed decisions.

Services like Truthfinder, InstantCheckMate, and Been Verified offer comprehensive and clear reports customized to your needs. Conducting a thorough background check is not just about following the rules—it’s about ensuring safety and trust in your professional and personal dealings. Choose the right service and stay informed about the legal requirements to make the best decisions.