Virginia statute
Va. Code Ann. § 19.2-392.15 — Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty
Current through 2026 Regular Session
Part of Chapter 23.2: Sealing of Criminal History Record Information and Court Records, Code of Virginia.
Criminal charges under this statute
Full text of Va. Code Ann. § 19.2-392.15
Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.
A. Except as provided in subsection B, agencies, officials, and employees of state and local governments, private employers that are not subject to federal laws or regulations in the hiring process, and educational institutions shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, charge, or conviction against him that has been sealed. An applicant need not, in answer to any question concerning any arrest, charge, or conviction, include a reference to or information concerning arrests, charges, or convictions that has been sealed.
B. The provisions of subsection A shall not apply if:
1. The person is applying for full-time employment or part-time employment with, or to be a volunteer with, the State Police or a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof;
2. This Code requires the employer to make such an inquiry;
3. Federal law requires the employer to make such an inquiry;
4. The position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any contract with, or statute or regulation of, the United States or any Executive Order of the President; or
5. The rules and regulations adopted pursuant to § 9.1-128 and procedures adopted pursuant to § 9.1-134 allow the employer to access such sealed records.
C. Agencies, officials, and employees of state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, charge, or conviction against him that has been sealed. An applicant need not, in answer to any question concerning any arrest, charge, or conviction, include a reference to or information concerning arrests, charges, or convictions that has been sealed. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.
D. No person, as defined in § 36-96.1:1 , shall, in any application for the sale or rental of a dwelling, as defined in § 36-96.1:1 , require an applicant to disclose information concerning any arrest, charge, or conviction against him that has been sealed. An applicant need not, in answer to any question concerning any arrest, charge, or conviction, include a reference to or information concerning arrests, charges, or convictions that has been sealed. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.
E. No insurance company, as defined in § 38.2-100 , shall, in any application for insurance, as defined in § 38.2-100 , require an applicant to disclose information concerning any arrest, charge, or conviction against him that has been sealed. An applicant need not, in answer to any question concerning any arrest, charge, or conviction, include a reference to or information concerning arrests, charges, or convictions that has been sealed. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.
F. If any entity or person listed under subsections A, C, D, or E includes a question about a prior arrest, charge, or conviction in an application for one or more of the purposes set forth in such subsections, such application shall include, or such entity or person shall provide, a notice to the applicant that information concerning an arrest, charge, or conviction that has been sealed does not have to be disclosed in the application. Such notice need not be included on any application for one or more of the purposes set forth in subsection B.
G. A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.
Official sources
Legal terms used in this section
Questions this section answers
Is prohibited practices by employers, educational institutions, agencies, etc., of state and local governments a felony or a misdemeanor in Virginia?
Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments is a class 1 misdemeanor in Virginia under Va. Code Ann. § 19.2-392.15.
Which Virginia statute covers prohibited practices by employers, educational institutions, agencies, etc., of state and local governments?
Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments is governed by Va. Code Ann. § 19.2-392.15 (Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty).
This reference is informational and is not legal advice.