Va. Code » Title 19.2. Criminal Procedure » Chapter 23.1. Expungement of Criminal Records
Virginia Code

Va. Code Ann. § 19.2-392.4 (2026)

Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments

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A. 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, criminal charge against him, conviction, or civil offense that has been expunged. An applicant need not, in answer to any question concerning any arrest, criminal charge, conviction, or civil offense, include a reference to or information concerning arrests, charges, convictions, or civil offenses that have been expunged.

B. Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge against him, conviction, or civil offense that has been expunged. An applicant need not, in answer to any question concerning any arrest, criminal charge, conviction, or civil offense include a reference to or information concerning an arrest, charges, convictions, or civil offenses that have been expunged. Such an application may not be denied solely because of the applicant's refusal to disclose information concerning any arrest, criminal charge against him, conviction, or civil offense that has been expunged.

C. A person who willfully violates this section is guilty of a Class 1 misdemeanor for each violation.

1977, c. 675; 2021 Sp. Sess. I, cc. 550, 551.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2021 · leading case: A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018).
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A.R.A. v. Commonwealth, 809 S.E.2d 660 (Va. 2018). · cites it 2× “3 for unlawful disclosure of expunged records and in Code § 19.2-392.4 against employers, educational institutions and agencies of state and local governments concerning the requirement of answers to questions about certain arrest records or "criminal charges.”
Snyder v. City of Alexandria, 870 F. Supp. 672 (E.D. Va. 1994). · cites it 3× “Va.Code § 19.2-392.4. Snyder invoked this statutory expungement procedure by filing a petition and citing his pardon as a basis for expungement.”
Moulvi v. Saf. Holdings, Inc., No. 3:20-cv-00595, 2021 WL 4494191 (E.D. Va. Sept. 30, 2021). · cites it 5× “Code § 19.2-392.4. 6 Moulvi alleges that Safety Holdings “provided the following erroneous information regarding [Moulvi] to [HireRight]:” a.”
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