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What May Be Reported on a State Criminal History Search?

In Virginia, a state criminal history search may include various details related to an individual's criminal record. Keep in mind that the availability and extent of information can be subject to state laws and regulations. Here are the types of information that might be reported on a state criminal history search in Virginia:

• Misdemeanors: Not all misdemeanors are reported on a criminal history search. Only Class 1 and Class 6 misdemeanors are typically included.
• Juvenile adjudications: Juvenile adjudications are generally not reported on adult criminal history searches, except in certain cases specified by law.
• Sealed records: Certain records may be sealed or expunged, meaning they are no longer publicly accessible.
• Convictions: This includes all felony convictions and most misdemeanor convictions (Class 1 and Class 6).
• Pending charges: Any criminal charges currently pending against the individual may be reported.
• Arrests: Arrests that did not result in convictions are generally not reported, except in certain cases, such as those involving violent crimes.
• Other information: The report may also include other information, such as aliases, dates of incarceration, and sentencing details.

It's crucial to note that accessing and using criminal history information is regulated, and there are legal requirements to ensure the privacy and accuracy of such records. Additionally, laws and regulations may change, so it's advisable to consult the Virginia State Bureau of Investigation or legal professionals for the most up-to-date information on criminal history searches in Virginia.

Background Data Restrictions and Regulations in Virginia

Regulations on background checks for employment:

• Ban-the-box law: Virginia has a "ban-the-box" law that prohibits public employers from asking about criminal convictions and arrests on job applications until after a conditional offer of employment has been made. Private employers can also choose to adopt this practice.
• Restriction on marijuana possession records: Employers in Virginia cannot inquire about or consider arrests or convictions for simple possession of marijuana when making employment decisions.
• Fair Credit Reporting Act (FCRA) limitations: Background checks conducted for employment purposes must comply with the FCRA, which limits the types of information that can be reported and for how long.

Virginia Consumer Data Protection Act (VCDPA):

• This law, which went into effect on January 1, 2023, grants Virginia residents certain rights regarding their personal data collected by businesses.
• It applies to businesses that:
• Target Virginia residents for products or services, and
• Control or process personal data of at least 100,000 consumers, or
• Control or process data of at least 25,000 consumers and derive over 50% of gross revenue from data sales.
• The VCDPA defines "personal data" broadly and includes certain categories of "sensitive data," such as racial or ethnic origin, religious beliefs, health information, and precise geolocation data, requiring more stringent protections.
• Consumers have the right to access, correct, delete, and port their personal data, as well as opt out of the sale of their data.