                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) PROHIBITED PRACTICES BY EMPLOYERS, EDUCATIONAL
INSTITUTIONS, AGENCIES, ETC., OF STATE AND LOCAL GOVERNMENTS; PENALTY (§
19.2-392.15)

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&#8217;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 &#xA7; 9.1-128 and procedures
   adopted pursuant to &#xA7; 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&#8217;s refusal to disclose information
concerning any arrest, charge, or conviction against him that has been sealed.

D. 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.

E. 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.

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.

HISTORY: 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634 and 671, cl. 7.