{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.15.html"}],"law_id":61027,"edition_id":1,"section_id":61027,"structure_id":15629,"section_number":"19.2-392.15","catch_line":"(Effective July 1, 2026) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty","history":"2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634 and 671, cl. 7.","full_text":"A\n\nExcept 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\n\nThe provisions of subsection A shall not apply if:1\n\nThe 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&#8217;s office that is a part of or administered by the Commonwealth or any political subdivision thereof;2\n\nThis Code requires the employer to make such an inquiry;3\n\nFederal law requires the employer to make such an inquiry;4\n\nThe 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; or5\n\nThe rules and regulations adopted pursuant to &#xA7; 9.1-128 and procedures adopted pursuant to &#xA7; 9.1-134 allow the employer to access such sealed records.C\n\nAgencies, 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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.D\n\nNo person, as defined in &#xA7; 36-96.1:1, shall, in any application for the sale or rental of a dwelling, as defined in &#xA7; 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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.E\n\nNo insurance company, as defined in &#xA7; 38.2-100, shall, in any application for insurance, as defined in &#xA7; 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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.F\n\nIf 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\n\nA person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.","order_by":null,"text":{"0":{"id":223110,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223111,"text":"The provisions of subsection A shall not apply if:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":223112,"text":"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&#8217;s office that is a part of or administered by the Commonwealth or any political subdivision thereof;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":223113,"text":"This Code requires the employer to make such an inquiry;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":223114,"text":"Federal law requires the employer to make such an inquiry;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":223115,"text":"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","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":223116,"text":"The rules and regulations adopted pursuant to &#xA7; 9.1-128 and procedures adopted pursuant to &#xA7; 9.1-134 allow the employer to access such sealed records.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":223117,"text":"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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":223118,"text":"No person, as defined in &#xA7; 36-96.1:1, shall, in any application for the sale or rental of a dwelling, as defined in &#xA7; 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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":223119,"text":"No insurance company, as defined in &#xA7; 38.2-100, shall, in any application for insurance, as defined in &#xA7; 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&#8217;s refusal to disclose information concerning any arrest, charge, or conviction against him that has been sealed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":223120,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":223121,"text":"A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15629,"edition_id":1,"name":"Sealing of Criminal History Record Information and Court Records","identifier":"23.2","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:57:05","date_modified":"2026-06-26 03:57:05","permalink":{"id":170525,"object_type":"structure","relational_id":15629,"identifier":"23.2","token":"19.2\/23.2","url":"\/19.2\/23.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71781,"structure_id":15629,"section_number":"19.2-392.10","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal","url":"\/19.2-392.10\/","token":"19.2\/23.2\/19.2-392.10","metadata":false},{"id":59687,"structure_id":15629,"section_number":"19.2-392.11","catch_line":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","url":"\/19.2-392.11\/","token":"19.2\/23.2\/19.2-392.11","metadata":false},{"id":74660,"structure_id":15629,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","url":"\/19.2-392.12\/","token":"19.2\/23.2\/19.2-392.12","metadata":false},{"id":76488,"structure_id":15629,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","url":"\/19.2-392.12_1\/","token":"19.2\/23.2\/19.2-392.12_1","metadata":false},{"id":72473,"structure_id":15629,"section_number":"19.2-392.12:2","catch_line":"(Effective July 1, 2026) Annual report","url":"\/19.2-392.12_2\/","token":"19.2\/23.2\/19.2-392.12_2","metadata":false},{"id":84075,"structure_id":15629,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","url":"\/19.2-392.13\/","token":"19.2\/23.2\/19.2-392.13","metadata":false},{"id":70011,"structure_id":15629,"section_number":"19.2-392.14","catch_line":"(Effective July 1, 2026) Disclosure of sealed records; penalty","url":"\/19.2-392.14\/","token":"19.2\/23.2\/19.2-392.14","metadata":false},{"id":61027,"structure_id":15629,"section_number":"19.2-392.15","catch_line":"(Effective July 1, 2026) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty","url":"\/19.2-392.15\/","token":"19.2\/23.2\/19.2-392.15","metadata":false},{"id":61686,"structure_id":15629,"section_number":"19.2-392.16","catch_line":"(Effective July 1, 2026) Dissemination of criminal history records and traffic history records by business screening services","url":"\/19.2-392.16\/","token":"19.2\/23.2\/19.2-392.16","metadata":false},{"id":80433,"structure_id":15629,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","url":"\/19.2-392.17\/","token":"19.2\/23.2\/19.2-392.17","metadata":false},{"id":83552,"structure_id":15629,"section_number":"19.2-392.5","catch_line":"(Effective July 1, 2026) Sealing defined; effect of sealing","url":"\/19.2-392.5\/","token":"19.2\/23.2\/19.2-392.5","metadata":false},{"id":82865,"structure_id":15629,"section_number":"19.2-392.6","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in conviction","url":"\/19.2-392.6\/","token":"19.2\/23.2\/19.2-392.6","metadata":false},{"id":86101,"structure_id":15629,"section_number":"19.2-392.6:1","catch_line":"(Effective July 1, 2026) Sealing of former possession of marijuana offenses without entry of a court order","url":"\/19.2-392.6_1\/","token":"19.2\/23.2\/19.2-392.6_1","metadata":false},{"id":60343,"structure_id":15629,"section_number":"19.2-392.7","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition","url":"\/19.2-392.7\/","token":"19.2\/23.2\/19.2-392.7","metadata":false},{"id":77668,"structure_id":15629,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","url":"\/19.2-392.8\/","token":"19.2\/23.2\/19.2-392.8","metadata":false},{"id":67864,"structure_id":15629,"section_number":"19.2-392.9","catch_line":"Repealed","url":"\/19.2-392.9\/","token":"19.2\/23.2\/19.2-392.9","metadata":false}],"previous_section":{"id":70011,"structure_id":15629,"section_number":"19.2-392.14","catch_line":"(Effective July 1, 2026) Disclosure of sealed records; penalty","url":"\/19.2-392.14\/","token":"19.2\/23.2\/19.2-392.14","metadata":false},"next_section":{"id":61686,"structure_id":15629,"section_number":"19.2-392.16","catch_line":"(Effective July 1, 2026) Dissemination of criminal history records and traffic history records by business screening services","url":"\/19.2-392.16\/","token":"19.2\/23.2\/19.2-392.16","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.15\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0634\">634<\/a>.<\/p>","references":false,"refers_to":[{"id":62921,"section_number":"36-96.1:1","catch_line":"Definitions","order_by":null,"url":"\/36-96.1_1\/"},{"id":59918,"section_number":"38.2-100","catch_line":"Definitions","order_by":null,"url":"\/38.2-100\/"},{"id":80755,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","order_by":null,"url":"\/9.1-128\/"},{"id":83289,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","order_by":null,"url":"\/9.1-134\/"}],"permalink":{"id":170555,"object_type":"law","relational_id":61027,"identifier":"19.2-392.15","token":"19.2\/23.2\/19.2-392.15","url":"\/19.2-392.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.15\/","token":"19.2\/23.2\/19.2-392.15","dublin_core":{"Title":"(Effective July 1, 2026) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Except as provided in subsection B, agencies, officials, and employees of state and local governments, private employers that are not subject to federal <span class=\"dictionary\">laws<\/span> 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 <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. An applicant need not, in answer to any question concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span>, include a reference to or information concerning <span class=\"dictionary\">arrests<\/span>, charges, or <span class=\"dictionary\">convictions<\/span> that has been <span class=\"dictionary\">sealed<\/span>. <a id=\"paragraph-223110\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The provisions of subsection A shall not apply if: <a id=\"paragraph-223111\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> 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&#8217;s office that is a part of or administered by the Commonwealth or any political subdivision thereof; <a id=\"paragraph-223112\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> This Code requires the employer to make such an inquiry; <a id=\"paragraph-223113\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Federal <span class=\"dictionary\">law<\/span> requires the employer to make such an inquiry; <a id=\"paragraph-223114\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> 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 <span class=\"dictionary\">contract<\/span> with, or <span class=\"dictionary\">statute<\/span> or regulation of, the United States or any Executive <span class=\"dictionary\">Order<\/span> of the President; or <a id=\"paragraph-223115\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The rules and regulations adopted pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures\" href=\"\/9.1-128\/\">9.1-128<\/a> and procedures adopted pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of criminal history record information\" href=\"\/9.1-134\/\">9.1-134<\/a> allow the employer to access such <span class=\"dictionary\">sealed<\/span> records. <a id=\"paragraph-223116\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> 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 <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. An applicant need not, in answer to any question concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span>, include a reference to or information concerning <span class=\"dictionary\">arrests<\/span>, charges, or <span class=\"dictionary\">convictions<\/span> that has been <span class=\"dictionary\">sealed<\/span>. Such an application may not be denied solely because of the applicant&#8217;s refusal to disclose information concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. <a id=\"paragraph-223117\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> No person, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/36-96.1_1\/\">36-96.1:1<\/a>, shall, in any application for the sale or rental of a dwelling, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/36-96.1_1\/\">36-96.1:1<\/a>, require an applicant to disclose information concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. An applicant need not, in answer to any question concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span>, include a reference to or information concerning <span class=\"dictionary\">arrests<\/span>, charges, or <span class=\"dictionary\">convictions<\/span> that has been <span class=\"dictionary\">sealed<\/span>. Such an application may not be denied solely because of the applicant&#8217;s refusal to disclose information concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. <a id=\"paragraph-223118\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> No insurance company, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-100\/\">38.2-100<\/a>, shall, in any application for insurance, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/38.2-100\/\">38.2-100<\/a>, require an applicant to disclose information concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. An applicant need not, in answer to any question concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span>, include a reference to or information concerning <span class=\"dictionary\">arrests<\/span>, charges, or <span class=\"dictionary\">convictions<\/span> that has been <span class=\"dictionary\">sealed<\/span>. Such an application may not be denied solely because of the applicant&#8217;s refusal to disclose information concerning any <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> against him that has been <span class=\"dictionary\">sealed<\/span>. <a id=\"paragraph-223119\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> If any entity or person listed under subsections A, C, D, or E includes a question about a prior <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> 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 <span class=\"dictionary\">arrest<\/span>, charge, or <span class=\"dictionary\">conviction<\/span> that has been <span class=\"dictionary\">sealed<\/span> 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. <a id=\"paragraph-223120\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> A person who willfully violates this section is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span> for each violation. <a id=\"paragraph-223121\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-392.15\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) PROHIBITED PRACTICES BY EMPLOYERS, EDUCATIONAL\nINSTITUTIONS, AGENCIES, ETC., OF STATE AND LOCAL GOVERNMENTS; PENALTY (\u00a7\n19.2-392.15)\n\nA. Except as provided in subsection B, agencies, officials, and employees of\nstate and local governments, private employers that are not subject to federal\nlaws or regulations in the hiring process, and educational institutions shall\nnot, in any application, interview, or otherwise, require an applicant for\nemployment or admission to disclose information concerning any arrest, charge,\nor conviction against him that has been sealed. An applicant need not, in answer\nto any question concerning any arrest, charge, or conviction, include a\nreference to or information concerning arrests, charges, or convictions that has\nbeen sealed.\n\nB. The provisions of subsection A shall not apply if:\n\n   1. The person is applying for full-time employment or part-time employment\n   with, or to be a volunteer with, the State Police or a police department or\n   sheriff&#8217;s office that is a part of or administered by the Commonwealth\n   or any political subdivision thereof;\n\n   2. This Code requires the employer to make such an inquiry;\n\n   3. Federal law requires the employer to make such an inquiry;\n\n   4. The position, or access to the premises in or upon which any part of the\n   duties of such position is performed or is to be performed, is subject to any\n   requirement imposed in the interest of the national security of the United\n   States under any security program in effect pursuant to or administered under\n   any contract with, or statute or regulation of, the United States or any\n   Executive Order of the President; or\n\n   5. The rules and regulations adopted pursuant to &#xA7; 9.1-128 and procedures\n   adopted pursuant to &#xA7; 9.1-134 allow the employer to access such sealed\n   records.\n\nC. Agencies, officials, and employees of state and local governments shall not,\nin any application, interview, or otherwise, require an applicant for a license,\npermit, registration, or governmental service to disclose information concerning\nany arrest, charge, or conviction against him that has been sealed. An applicant\nneed not, in answer to any question concerning any arrest, charge, or\nconviction, include a reference to or information concerning arrests, charges,\nor convictions that has been sealed. Such an application may not be denied\nsolely because of the applicant&#8217;s refusal to disclose information\nconcerning any arrest, charge, or conviction against him that has been sealed.\n\nD. No person, as defined in &#xA7; 36-96.1:1, shall, in any application for the\nsale or rental of a dwelling, as defined in &#xA7; 36-96.1:1, require an\napplicant to disclose information concerning any arrest, charge, or conviction\nagainst him that has been sealed. An applicant need not, in answer to any\nquestion concerning any arrest, charge, or conviction, include a reference to or\ninformation concerning arrests, charges, or convictions that has been sealed.\nSuch an application may not be denied solely because of the applicant&#8217;s\nrefusal to disclose information concerning any arrest, charge, or conviction\nagainst him that has been sealed.\n\nE. No insurance company, as defined in &#xA7; 38.2-100, shall, in any\napplication for insurance, as defined in &#xA7; 38.2-100, require an applicant\nto disclose information concerning any arrest, charge, or conviction against him\nthat has been sealed. An applicant need not, in answer to any question\nconcerning any arrest, charge, or conviction, include a reference to or\ninformation concerning arrests, charges, or convictions that has been sealed.\nSuch an application may not be denied solely because of the applicant&#8217;s\nrefusal to disclose information concerning any arrest, charge, or conviction\nagainst him that has been sealed.\n\nF. If any entity or person listed under subsections A, C, D, or E includes a\nquestion about a prior arrest, charge, or conviction in an application for one\nor more of the purposes set forth in such subsections, such application shall\ninclude, or such entity or person shall provide, a notice to the applicant that\ninformation concerning an arrest, charge, or conviction that has been sealed\ndoes not have to be disclosed in the application. Such notice need not be\nincluded on any application for one or more of the purposes set forth in\nsubsection B.\n\nG. A person who willfully violates this section is guilty of a Class 1\nmisdemeanor for each violation.\n\nHISTORY: 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634 and 671, cl. 7.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}