A common question that we get is whether an employer can ask about expunged criminal charges on a job application.

Under Virginia law, employers, schools, and state agencies are flatly prohibited from asking about pending criminal charges on a job application that have been expunged.

Virginia Code Section 19.2-392.4 states:

An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests or charges that have been expunged.

In other words, employers are prohibited from asking you about arrests or charges that did not result in a criminal conviction if the charges have been expunged.

Students and job applicants are protected once their charge has been expunged.

How Can I Expunge a Criminal Record?

If you need help sealing, removing, or expunging a criminal conviction, so that it does not show up on a background check, feel free to contact our office to find out if you qualify.