A common question is whether an employer, boss, human resources manager, or anyone else at a workplace is permitted to access an employee’s criminal records after they have been expunged.
The answer is flat out no – employers may not access expunged records.
Under Virginia Code Section 19.2-392.4, an employer shall not ask about an employee’s expunged criminal records either during the application process or during employment. The law states:
“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 or criminal charge against him that has been expunged.”
Moreover, employers are prohibited from seeking to obtain an employee’s sealed, expunged criminal records. Such practice is prohibited by Virginia law and punishable as a Class 1 Misdemeanor.
Can an Employer Ask About Expunged Records on a Job Application?
No. Absolutely not. See above Virginia Code Section 19.2-392.4, which prohibits employers from asking about expunged criminal records.