§ 19.2-392.4 Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments
A. An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge against him, conviction, or civil offense that has been expunged. An applicant need not, in answer to any question concerning any arrest or, criminal charge, conviction, or civil offense, include a reference to or information concerning arrests, charges, convictions, or civil offenses that have been expunged.
B. Agencies, officials, and employees of the 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, criminal charge against him, conviction, or civil offense that has been expunged. An applicant need not, in answer to any question concerning any arrest, criminal charge, conviction, or civil offense include a reference to or information concerning an arrest, charges, convictions, or civil offenses that have been expunged. Such an application may not be denied solely because of the applicant’s refusal to disclose information concerning any arrest or, criminal charge against him, conviction, or civil offense that has been expunged.
C. A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.
History
This law was first created in 1977. The record of its establishment is cataloged in chapter 675 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 “Acts” aren’t available online.
1977, c. 675; 2021 Sp. Sess. I, cc. 550, 551.