How Far Back Does a Background Check Go in Virginia?

In Virginia, a background check can reach back indefinitely for criminal convictions and generally seven years for most other negative records under federal law. That seven-year limit disappears when the job pays $75,000 or more a year. How far back a check actually looks also depends on who is running it and what type of record is being searched.

The Seven-Year Limit on Non-Conviction Records

Any background check run by a third-party screening company is governed by the Fair Credit Reporting Act.¹ The FCRA bars consumer reporting agencies from including several categories of negative information once they pass seven years old:

Arrests that never led to a conviction, measured from the arrest date.
Civil suits and civil judgments, measured from the date of entry or the statute of limitations, whichever is longer.
Paid tax liens, measured from the date of payment.
Collection accounts, measured from when the account was placed for collection.
Bankruptcies: Chapter 13 filings for seven years, Chapter 7 for ten.

Criminal convictions are specifically carved out of every one of these time limits. A screening company can report a conviction no matter how old it is.²

The $75,000 Salary Override

Even the seven-year caps on non-conviction records go away when the stakes rise. If the job you’re applying for pays an annual salary of $75,000 or more, the reporting agency may include older non-conviction adverse information.² The same override applies to credit transactions above $150,000 and life insurance policies with a face amount above $150,000. For most job seekers, it’s the salary threshold that matters.

Convictions Have No Time Limit in Virginia

Virginia law puts no cap on how long a criminal conviction can appear on a background check, and the rule is the same for felonies and misdemeanors.³ A shoplifting conviction from 25 years ago can surface on a standard employment screening as easily as one from last year. The only way to prevent an old conviction from showing up is to have the record expunged or sealed, and both options are narrow.

The FCRA restricts old non-conviction reporting, but it specifically excludes convictions. Virginia adds no additional protection on top of that federal exclusion. If it resulted in a conviction, it can be reported forever.

The Lookback Depends on Which Check Is Being Run

Different types of background checks pull from different databases and return different amounts of history.

Screening Company Checks for Private Employers

Most private employers use a third-party consumer reporting agency. These companies pull criminal records from court databases, verify employment and education history, and may check driving records or credit history depending on the position. Because a third-party company is compiling the report, the FCRA’s reporting caps and the $75,000 override both apply.

Virginia State Police Checks

Some jobs and professional licenses require a check run directly through the Virginia State Police, which maintains the Central Criminal Records Exchange.⁴ A name-based search using Form SP-167 returns the person’s complete Virginia criminal history, including both arrests and convictions reported by law enforcement statewide.⁵ Processing runs roughly 15 to 20 business days after the State Police receives the mailed form, and the fee is $15 or $20 depending on the type of check. A separate form, the SP-230, is available to certain authorized agencies and returns conviction data only.

FBI Fingerprint-Based Checks

The most thorough option is a fingerprint-based search of the FBI’s national database, typically required for federal employment, security clearances, public school positions, and other roles involving sensitive access. Fingerprints go through the Virginia State Police to the FBI, which searches criminal history records from every state.⁶ Fingerprint matching avoids the false hits that can occur with name-based searches.

Driving Records

When a job involves driving, the employer usually requests a Virginia DMV record. For employment purposes, that report covers up to seven years of driving history. Insurance companies receive a shorter version covering up to five years.⁷ A DUI also appears on your criminal record, where the unlimited conviction lookback applies.

Barrier Crimes: An Age-Proof Bar for Certain Jobs

Some convictions in Virginia go beyond simply appearing on a check. They permanently disqualify a person from certain jobs no matter how much time has passed. Virginia law requires employers in healthcare, childcare, and other fields involving vulnerable populations to run criminal background checks, and specific offenses trigger an automatic bar to employment.⁸

The list is long. It covers violent felonies including murder, malicious wounding, robbery, and carjacking; sex offenses and crimes against children; drug distribution felonies; arson; abduction; abuse or neglect of children or incapacitated adults; and many others. These disqualifications have no expiration date. A barrier crime conviction from decades ago will block employment in a covered facility just as effectively as a recent one, and the bar also reaches substantially similar convictions from other states. It matters most for anyone seeking work in nursing homes, home care organizations, hospices, assisted living facilities, or childcare programs.

Making Old Records Stop Appearing

Since convictions can be reported indefinitely, the practical question for many people is whether the record can be removed or hidden. Virginia offers two paths, and a much broader one takes effect in 2026.

Expungement Under Current Law

Virginia’s existing expungement law lets you petition a circuit court to seal police and court records from public view, but eligibility is narrow. You can seek expungement only if the case ended without a conviction:⁹

Acquittal at trial.
Nolle prosequi, meaning the prosecutor dropped the charges.
Dismissal, including dismissal by accord and satisfaction.

Expunging an actual conviction is almost impossible under the current statute. The only exceptions are for people who received an absolute pardon from the Governor for a crime they didn’t commit, or victims of identity theft whose name was used by someone else who was arrested. The filing fee for an expungement petition in a Virginia circuit court is $98.¹⁰ Once granted, the record won’t appear on background checks run by private employers, landlords, or schools.

The 2026 Sealing Law

The biggest change takes effect on July 1, 2026, when Virginia’s new record sealing law goes live. For the first time, many people with certain convictions will be able to have those records hidden from standard background checks. The law creates two tracks.¹¹

Automatic sealing, with no action required from the individual, will apply to:

Specific misdemeanor convictions: petit larceny, shoplifting, trespassing (including instigating trespass and trespass on posted property), distribution of marijuana, and disorderly conduct.
Marijuana possession offenses, both criminal and civil.
Misdemeanor non-convictions: acquittals and dismissals with prejudice at case conclusion, plus previously concluded acquittals, nolle prosequi, and dismissals.
Felony non-convictions: acquittals and dismissals with prejudice, upon verbal request by the defendant and agreement of the prosecutor.
Traffic infractions.

For convictions and deferred dismissals not covered by automatic sealing, you can petition a court, but only after a crime-free waiting period: seven years for misdemeanors and ten years for felonies, measured from the date of conviction, dismissal, release from incarceration, or release from probation, whichever came last.¹²

Serious offenses are excluded from petition-based sealing, including Class 1 through 4 felonies, sex crimes, violent felonies, sex trafficking, felonies involving firearms, protective order violations, hate crimes, and crimes against family or household members.¹¹ The law also caps each person at sealing convictions and deferred dismissals from only two sentencing events over a lifetime.

A sealed record won’t show up on most background checks, but sealing is not the same as deletion. Certain authorized agencies, particularly in law enforcement and criminal justice, retain access for specific purposes defined by statute. If you work in a field that requires barrier crime screening, a sealed conviction may still be visible to those particular employers.¹³

1
Federal Trade Commission. Background Checks: What Employers Need to Know
2
Office of the Law Revision Counsel. 15 U.S. Code 1681c – Requirements Relating to Information Contained in Consumer Reports
3
Virginia Code Commission. Virginia Code 19.2-389 – Dissemination of Criminal History Record Information
4
Virginia State Police. Central Criminal Records Exchange (CCRE)
5
Virginia State Police. Virginia Criminal History Record Check
6
Federal Bureau of Investigation. National Fingerprint Based Background Checks Steps for Success
7
Virginia DMV. Request a Copy of Your Driver or Vehicle Record
8
Virginia Code Commission. Virginia Code 19.2-392.02 – National Criminal Background Checks by Businesses and Organizations Regarding Employees or Volunteers Providing Care to Children or the Elderly or Disabled
9
Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
10
Virginia’s Judicial System. Circuit Court Fee Schedule (Appendix C)
11
Virginia State Crime Commission. Sealing of Criminal Records Update
12
Virginia Code Commission. Virginia Code 19.2-392.12:1 – Sealing of Criminal Records
13
Virginia Code Commission. Virginia Code 19.2-392.14 – Disclosure of Sealed Records