Key Facts About Virginia Criminal Background Checks

Introduction to Virginia Criminal Background Checks: What You Need to Know

A Virginia criminal background check is a process used to investigate an individual’s criminal history within the state of Virginia. This check can reveal a range of information related to an individual’s past criminal activity, including any arrests, charges, convictions, and pending criminal cases. These background checks are essential for a variety of purposes, including employment screening, housing applications, and legal proceedings.

Criminal background checks are typically used by employers, landlords, and legal authorities to assess whether a person may pose a risk to others or be in compliance with legal standards. The scope of a Virginia criminal background check depends on the specific type of check requested, and it can vary from local checks within a city or county to statewide and national searches.

Who Conducts Criminal Background Checks in Virginia?

In Virginia, several entities are responsible for conducting criminal background checks, including:

Virginia State Police (VSP): The Virginia State Police is the primary authority for conducting statewide criminal background checks. They maintain a centralized database of criminal records and can provide reports based on an individual’s name, fingerprints, or other identifiers.
Local Law Enforcement Agencies: Criminal background checks can also be conducted through local police departments or sheriff’s offices within Virginia’s counties and cities. These checks are typically limited to records within a specific jurisdiction.
Third-Party Services: Many individuals and businesses rely on third-party companies, such as exactbackgroundchecks.com, to conduct criminal background checks. These services provide quick, reliable access to criminal history records from various sources, including local, state, and federal databases.

Why Are Criminal Background Checks Important in Virginia?

Criminal background checks are important for various reasons, including:

Employment: Employers use background checks to assess the suitability of potential employees. By evaluating an individual’s criminal history, businesses can ensure they hire individuals who are responsible, trustworthy, and compliant with legal standards.
Housing: Landlords often conduct background checks on potential tenants to assess whether they pose a risk to the safety and security of other residents. A criminal history check can reveal past criminal convictions or behaviors that may be cause for concern.
Legal Purposes: Criminal background checks are also used in legal matters, including court cases, probation hearings, and immigration procedures. They help to verify an individual’s criminal history, which may influence sentencing, parole, or eligibility for various programs.

Types of Criminal Background Checks in Virginia

Virginia offers several types of criminal background checks, depending on the information required:

Statewide Criminal Background Check: This is the most common type of background check and covers the entire state of Virginia. It provides details about an individual’s criminal history as recorded in the Virginia State Police database.
County/Local Criminal Background Check: Local checks are conducted through county courts or local law enforcement agencies. These checks are limited to criminal records within specific counties or cities.
National Criminal Background Check: A national check can search records from across the U.S., accessing federal databases and various state-level repositories. This type of check is typically requested when hiring individuals from outside Virginia or when a broader search is required.

What Information Is Included in a Virginia Criminal Background Check?

A typical Virginia criminal background check can reveal several types of information, depending on the scope of the search:

Criminal Convictions: The report will list any criminal convictions, including felonies and misdemeanors. This may also include the nature of the crime, sentencing details, and the court of jurisdiction.
Arrests and Charges: Arrest records and pending criminal charges may be included in the background check, even if the individual was not convicted. However, some arrests may be expunged or sealed after a certain period.
Warrants: Active warrants for arrest, including failure to appear in court, may also appear in the check, highlighting potential legal issues that need to be addressed.
Sex Offender Registry: The report may include information from the sex offender registry if applicable.

How Long Does a Criminal Background Check Take in Virginia?

The time it takes to receive results for a criminal background check in Virginia can vary based on the type of check and the method used. Generally:

Statewide Background Checks: If requested through the Virginia State Police, results can typically be obtained within 2 to 3 business days.
Local Checks: Results for local checks can take longer, depending on the county or city and the workload of the local law enforcement agency.
Third-Party Services: Services like exactbackgroundchecks.com can expedite the process, often providing results within 1 to 2 business days, as they access various local, state, and national databases.

How Far Back Do Criminal Background Checks Go in Virginia?

In Virginia, criminal background checks typically include records of criminal activity for the past seven years. However, certain records, such as felony convictions, may appear for longer periods, even indefinitely. Additionally, some types of information, such as juvenile records or arrests that did not lead to convictions, may not appear on a background check unless they are relevant to the specific search being conducted.

Certain crimes, such as sex offenses, may have specific laws that require them to be reported or retained for longer periods, even after the individual has completed their sentence. As a result, it’s essential to clarify the scope of the background check to determine which types of offenses will be included.

The Process of Conducting a Criminal Background Check in Virginia

How to Request a Criminal Background Check in Virginia

In Virginia, there are several ways to request a criminal background check, depending on whether you are an individual seeking information about your own record or a business requiring checks for employment purposes. The process can involve state, local, or third-party services. Here’s how to navigate each:

1. Virginia State Police

The Virginia State Police (VSP) is the primary agency responsible for maintaining criminal records in the state. To request a criminal background check through the VSP, you can follow these steps:

Online Request: The Virginia State Police offers an online request system through the Virginia State Police Criminal History Records Check website. This system allows individuals to request a background check by submitting personal information such as name, date of birth, and a government-issued ID.
Mail Request: You can also request a background check by mailing a completed request form to the Virginia State Police. This requires a completed Request for Criminal History Record Information form, along with a fingerprint card and payment.
In-Person Request: In some cases, individuals may be able to request a background check in person at the Virginia State Police Headquarters. However, this is less common and may not be available in all circumstances.

2. Local Law Enforcement Agencies

If you’re looking for a criminal background check limited to a specific county or city, you may request a local background check through the relevant law enforcement agency. The process will vary depending on the jurisdiction:

County Sheriff’s Office or Local Police Department: To obtain a criminal history check for a specific area, contact the local police department or sheriff’s office. Local checks are ideal if you’re looking for information about crimes committed within a particular city or county.
Cost: Fees for local background checks vary by jurisdiction. You can expect to pay anywhere from $10 to $20, although the fee can vary depending on the county.

3. Third-Party Services (e.g., exactbackgroundchecks.com)

Third-party services provide a convenient and efficient way to obtain criminal background checks. These services can access a wide range of databases, including statewide and national records.

How It Works: Third-party services like exactbackgroundchecks.com offer quick turnaround times, often within 1 to 2 business days, by using both manual and automated searches. You’ll need to provide basic personal information about the subject, such as name, date of birth, and possibly other identifiers, depending on the search.
Cost: The cost for a third-party service varies, typically ranging from $20 to $50 or more per report, depending on the scope of the check (local, state, or national). While these checks may be slightly more expensive, they offer a broader search and faster results.
Benefits of Third-Party Services: Third-party services can be highly beneficial for employers or individuals who need a comprehensive check. They are reliable and convenient, accessing multiple databases to ensure a thorough search.

Cost of Criminal Background Checks in Virginia

The cost of a criminal background check in Virginia varies depending on several factors:

State Police Check: The fee for a standard criminal background check through the Virginia State Police is generally $15 per request if you are requesting the check for personal use (such as for an individual employment screening). If you need an official report or a certified document, the fee may be higher.
Local Background Check: The cost for a local background check through a city or county police department ranges from $10 to $20, depending on the jurisdiction.
Third-Party Service: Third-party providers, such as exactbackgroundchecks.com, charge varying fees, typically between $20 and $50 or more. These providers often offer different packages based on the comprehensiveness of the search, including national and multi-county searches.

What is Required to Request a Criminal Background Check in Virginia?

When requesting a criminal background check in Virginia, you will need to provide certain personal information, as well as payment for the service. Common requirements include:

Personal Information: This typically includes full name, date of birth, address, and sometimes social security number. Depending on the type of check (state or local), you may also be asked to provide additional details such as gender or race.
Fingerprinting: For a more comprehensive check, such as a fingerprint-based search, you will need to provide fingerprints. This can be done at a local police department or a third-party fingerprinting service.
Payment: A fee must be paid to cover the cost of the background check. This can often be paid online or via check or money order when submitting requests by mail.

How Long Does it Take to Get Results for a Criminal Background Check in Virginia?

The processing time for a Virginia criminal background check depends on the type of check requested:

Statewide Criminal Background Checks: When requesting a check from the Virginia State Police, results typically take 2 to 3 business days if requested online. Mail requests may take longer, potentially up to 2 weeks depending on the volume of requests.
Local Criminal Background Checks: Local checks can vary significantly in processing time. Some jurisdictions process checks within a few days, while others may take several weeks.
Third-Party Services: Using third-party services like exactbackgroundchecks.com can significantly speed up the process. Many services can provide results within 1 to 2 business days, as they pull from a wide range of databases and have quicker access than local or state agencies.

What to Do if Errors Are Found on a Criminal Background Check

It is essential to review the results of your criminal background check carefully. If you find errors or discrepancies, the following steps can help you resolve them:

Contact the Agency: If the error appears to be from a Virginia State Police background check, you should contact the VSP to clarify and correct any inaccuracies. They will provide a process for disputing the error.
Dispute with the Local Agency: If the mistake originates from a local police department or sheriff’s office, contact the respective agency to dispute the information. They will guide you through the process for correcting records or updating public databases.
Third-Party Disputes: If you used a third-party service like exactbackgroundchecks.com and noticed an error, you should reach out to the service directly. They can help verify the information and may assist with addressing any inaccuracies.
Correcting Records: In some cases, you may need to have records expunged or sealed if they are incorrectly listed. Legal assistance may be required to resolve these types of issues.

What to Expect from the Results: Understanding the Report

When you receive your Virginia criminal background check, it will typically include the following:

Personal Information: Basic personal details such as name, date of birth, and any aliases.
Criminal Convictions: Any felony or misdemeanor convictions, including details on the nature of the crime, the jurisdiction, and the sentencing.
Arrests and Pending Charges: Information about any arrests or pending charges that may not have resulted in a conviction yet.
Warrants and Sex Offender Status: If applicable, the report will indicate if there are any active warrants or if the individual is listed on the sex offender registry.

Legal Aspects of Criminal Background Checks in Virginia

Understanding the legal considerations behind Virginia criminal background checks is essential for both individuals and businesses. These checks are governed by various state and federal laws that protect the rights of individuals while allowing employers and other parties to gather essential information.

1. Overview of Virginia’s Criminal Background Check Laws

Virginia law provides a legal framework for conducting criminal background checks, ensuring that they are done in a manner that respects privacy while allowing for due diligence in certain contexts. Some of the key statutes include:

Virginia Code § 19.2-389: This section of the Virginia Code outlines who is authorized to receive criminal history records and how those records should be used.
Virginia State Police Regulations: The VSP enforces regulations about criminal history checks. These regulations specify the procedures for requesting and receiving criminal history information.
Public Access to Records: Under Virginia’s Freedom of Information Act (FOIA), certain criminal records may be publicly available, but some records, particularly juvenile or sealed records, are not disclosed.

2. Rights of Individuals

Virginia law provides certain rights to individuals whose criminal history may be checked. Some of the key considerations include:

Privacy: Employers and agencies must ensure that personal information obtained through criminal background checks is handled appropriately and that individuals’ privacy rights are respected.
Sealing and Expungement: Certain criminal records can be sealed or expunged under Virginia law, especially if the individual was acquitted, or the charges were dismissed. Individuals can request an expungement, and if granted, the records will no longer be accessible through standard background checks.
Juvenile Records: In Virginia, juvenile records are typically not disclosed in criminal background checks unless the individual was charged as an adult. These records are sealed and cannot be accessed without specific legal authorization.

3. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that regulates how criminal background checks are conducted. While FCRA primarily applies to credit reports, it also governs background checks for employment purposes. Under the FCRA, individuals have the right to:

Be informed when a background check is being conducted.
Receive a copy of the background check report.
Dispute any inaccuracies or errors found in the report.
Know if the information in the report is being used against them (e.g., for hiring or housing decisions).

Employers must follow FCRA guidelines when using background checks in employment decisions. For example, employers are required to provide candidates with a notice of the background check, and if an adverse action (such as not hiring a candidate) is based on the check, they must follow a specific process, including notifying the candidate and providing them with an opportunity to dispute the findings.

4. Equal Employment Opportunity Commission (EEOC) Guidelines

Employers in Virginia must also comply with EEOC guidelines to avoid discriminatory practices when conducting criminal background checks. The guidelines emphasize that employers should avoid blanket policies that automatically disqualify candidates based solely on criminal convictions. Instead, employers are encouraged to consider:

The nature of the crime: Whether it is relevant to the job position.
The time that has passed since the conviction.
The type of position being applied for (e.g., jobs involving vulnerable populations may require more scrutiny).

Employers are required to make individualized assessments, considering the totality of circumstances before making decisions based on a criminal background check.

Frequently Asked Questions About Virginia Criminal Background Checks

What Can Show Up on a Criminal Background Check in Virginia?

A Virginia criminal background check may reveal various types of information, including:

Convictions: Any criminal convictions, including misdemeanors and felonies.

Arrests: Arrests that have occurred, even if charges were not filed.

Pending Charges: Criminal charges that have not yet been resolved.

Sex Offender Status: If the individual is listed on the sex offender registry.

Warrants: Active warrants for an individual’s arrest.

How Far Back Does a Criminal Background Check Go in Virginia?

In Virginia, criminal background checks can look back as far as 7 years for most types of employment-related background checks, though certain serious offenses like felonies can be reported indefinitely. The lookback period is generally determined by the nature of the background check and the intended use.

For Employment: The EEOC guidelines suggest that employers should not consider arrests that did not lead to convictions but may consider convictions within the lookback period.

For Housing or Licensing: Landlords and licensing authorities may consider a broader range of offenses when evaluating applicants.

Can I Be Denied a Job Because of a Criminal Background Check in Virginia?

Yes, an employer in Virginia can deny a job based on a criminal background check, but they must ensure they follow the appropriate process. Employers are prohibited from discriminating against candidates based solely on criminal history without evaluating the relevance of the conviction to the job. The EEOC and FCRA require employers to consider:

The nature of the crime.

The time that has passed since the conviction.

The job requirements and whether the conviction is relevant.

If an employer decides not to hire a candidate based on their criminal record, they must follow a two-step process: provide a notice of the decision to the candidate and give them the opportunity to dispute the information before the final decision is made.

What Should I Do If I Find Errors on My Virginia Criminal Background Check?

If you find inaccuracies or errors on your Virginia criminal background check, you should:

Contact the agency: Reach out to the Virginia State Police or the local law enforcement agency that processed the background check.

Request a correction: Provide documentation or evidence to support your claim of an error.

File a dispute: If the error is in a third-party background check, contact the service provider to resolve the issue.

Are Juvenile Records Included in a Criminal Background Check in Virginia?

No, juvenile records in Virginia are generally not included in a standard criminal background check unless the individual was charged as an adult. Virginia law provides protections for juvenile records, sealing them to protect the privacy of minors. If juvenile records are relevant to the background check, specific legal steps must be taken to access them.

Conclusion

Criminal background checks in Virginia play a critical role in ensuring safety, compliance, and informed decision-making in various sectors, from employment to housing and legal matters. Understanding the process, legal considerations, and your rights is crucial whether you’re an individual requesting your own background check or a business conducting screenings. It’s important to use reputable sources, such as the Virginia State Police or trusted third-party services like exactbackgroundchecks, and to be aware of relevant laws to ensure fair and legal practices. By following proper procedures and understanding the legal frameworks in place, you can navigate the criminal background check process in Virginia confidently and securely.