{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-392.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-392.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-392.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-392.4.html"}],"law_id":60006,"edition_id":1,"section_id":60006,"structure_id":14617,"section_number":"19.2-392.4","catch_line":"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments","history":"1977, c. 675; 2021 Sp. Sess. I, cc. 550, 551.","full_text":"A\n\nAn 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\n\nAgencies, 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\n\nA person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.","order_by":null,"text":{"0":{"id":219674,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":219675,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":219676,"text":"A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14617,"edition_id":1,"name":"Expungement of Criminal Records","identifier":"23.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:56","date_modified":"2026-06-26 03:48:56","permalink":{"id":170495,"object_type":"structure","relational_id":14617,"identifier":"23.1","token":"19.2\/23.1","url":"\/19.2\/23.1\/","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":60918,"structure_id":14617,"section_number":"19.2-392.1","catch_line":"Statement of policy","url":"\/19.2-392.1\/","token":"19.2\/23.1\/19.2-392.1","metadata":false},{"id":77838,"structure_id":14617,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","url":"\/19.2-392.2\/","token":"19.2\/23.1\/19.2-392.2","metadata":false},{"id":64671,"structure_id":14617,"section_number":"19.2-392.2:1","catch_line":"Repealed","url":"\/19.2-392.2_1\/","token":"19.2\/23.1\/19.2-392.2_1","metadata":false},{"id":56153,"structure_id":14617,"section_number":"19.2-392.2:2","catch_line":"Repealed","url":"\/19.2-392.2_2\/","token":"19.2\/23.1\/19.2-392.2_2","metadata":false},{"id":68382,"structure_id":14617,"section_number":"19.2-392.3","catch_line":"Disclosure of expunged records","url":"\/19.2-392.3\/","token":"19.2\/23.1\/19.2-392.3","metadata":false},{"id":84742,"structure_id":14617,"section_number":"19.2-392.3:1","catch_line":"Motion for the disclosure of expunged police and court records in a civil case","url":"\/19.2-392.3_1\/","token":"19.2\/23.1\/19.2-392.3_1","metadata":false},{"id":60006,"structure_id":14617,"section_number":"19.2-392.4","catch_line":"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments","url":"\/19.2-392.4\/","token":"19.2\/23.1\/19.2-392.4","metadata":false}],"previous_section":{"id":84742,"structure_id":14617,"section_number":"19.2-392.3:1","catch_line":"Motion for the disclosure of expunged police and court records in a civil case","url":"\/19.2-392.3_1\/","token":"19.2\/23.1\/19.2-392.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-392.4\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 675 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":78495,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","order_by":null,"url":"\/15.2-1705\/"},{"id":79920,"section_number":"9.1-116.01","catch_line":"Universal certification for certain law-enforcement officers","order_by":null,"url":"\/9.1-116.01\/"}],"refers_to":false,"permalink":{"id":170521,"object_type":"law","relational_id":60006,"identifier":"19.2-392.4","token":"19.2\/23.1\/19.2-392.4","url":"\/19.2-392.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-392.4\/","token":"19.2\/23.1\/19.2-392.4","dublin_core":{"Title":"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-392.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span>, criminal charge against him, conviction<\/span>, or civil offense<\/span> that has been expunged. An applicant need not, in answer to any question concerning any arrest<\/span> or, criminal charge, conviction<\/span>, or civil offense<\/span>, include a reference to or information concerning arrests<\/span>, charges, convictions<\/span>, or civil offenses<\/span> that have been expunged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 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<\/span>, criminal charge against him, conviction<\/span>, or civil offense<\/span> that has been expunged. An applicant need not, in answer to any question concerning any arrest<\/span>, criminal charge, conviction<\/span>, or civil offense<\/span> include a reference to or information concerning an arrest<\/span>, charges, convictions<\/span>, or civil offenses<\/span> that have been expunged. Such an application may not be denied solely because of the applicant’s refusal to disclose information concerning any arrest<\/span> or, criminal charge against him, conviction<\/span>, or civil offense<\/span> that has been expunged. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person who willfully violates this section is guilty of a Class 1 misdemeanor<\/span> for each violation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED PRACTICES BY EMPLOYERS, EDUCATIONAL INSTITUTIONS, AGENCIES, ETC., OF\nSTATE AND LOCAL GOVERNMENTS (\u00a7 19.2-392.4)\n\nA. An employer or educational institution shall not, in any application,\ninterview, or otherwise, require an applicant for employment or admission to\ndisclose information concerning any arrest, criminal charge against him,\nconviction, or civil offense that has been expunged. An applicant need not, in\nanswer to any question concerning any arrest or, criminal charge, conviction, or\ncivil offense, include a reference to or information concerning arrests,\ncharges, convictions, or civil offenses that have been expunged.\n\nB. Agencies, officials, and employees of the state and local governments shall\nnot, in any application, interview, or otherwise, require an applicant for a\nlicense, permit, registration, or governmental service to disclose information\nconcerning any arrest, criminal charge against him, conviction, or civil offense\nthat has been expunged. An applicant need not, in answer to any question\nconcerning any arrest, criminal charge, conviction, or civil offense include a\nreference to or information concerning an arrest, charges, convictions, or civil\noffenses that have been expunged. Such an application may not be denied solely\nbecause of the applicant’s refusal to disclose information concerning any\narrest or, criminal charge against him, conviction, or civil offense that has\nbeen expunged.\n\nC. A person who willfully violates this section is guilty of a Class 1\nmisdemeanor for each violation.\n\nHISTORY: 1977, c. 675; 2021 Sp. Sess. I, cc. 550, 551.","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}}