Skip to the main content.
Making screening easy for candidates

CVC - Mega Menu-01

With Verified Credentials' mobile-first candidate experience, you meet candidates where it's most convenient. Learn how easy we make it.

See how it works ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

1 min read

Virginia “Bans the Box” (For Certain Offenses)

We have highlighted several new ban the box laws at the local, state, and federal level.  Another month brings a new ban the box law for you to consider.

On May 21, 2020, the Governor of Virginia signed a law that bans the box for certain marijuana-related offenses.

To read the new law, click here.

The new law amends Virginia’s simple marijuana possession statute (Va. Code § 18.2-250.1).  As amended, the simple possession of marijuana in Virginia, while still unlawful without a prescription, is no longer subject to a criminal penalty.  Instead, a person who violates Virginia’s simple marijuana possession law has engaged in a civil offense and is subject to a civil penalty and a fine of no more than $25.  Note that per Virginia law, marijuana possession with the intent to sell, give, or distribute is still a criminal offense. Still, there is a rebuttable presumption in the law that a person who possesses no more than one ounce of marijuana possesses it for personal use.

Because of the changes to Virginia’s simple marijuana possession law, reporting and asking for information regarding this type of offense has also been changed.  According to the new law:

  • “Records relating to the arrest, criminal charge, or conviction of a person for a violation of [Virginia’s simple marijuana possession law]… shall not be open for public inspection or otherwise disclosed,” with some exceptions.
  • “An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose any information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to [the new law].”
  • “An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to [the new law].”

Take note, an employer or educational institution that willfully violates the law’s prohibition on asking applicants about certain marijuana-related offenses can be found guilty of a Class 1 misdemeanor for each violation.

The new law is set to take effect on July 1, 2020.  Because violations of this new ban the box law may result in criminal penalties for employers and educational institutions, it may be a good idea to discuss the law with your legal advisor to determine how, or if, this new law might impact you.

Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals

Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...

Read More

Amendments to the Utah Artificial Intelligence Policy Act Explained

Although other states and jurisdictions have implemented laws and regulations to address certain aspects of AI use in business scenarios, Colorado...

Read More

Minneapolis Takes Action to Strengthen Civil Rights Protections

In 2014, Minnesota implemented a “ban the box” law (Minnesota Statute 364.021) to help create a fairer hiring climate for Minnesotans with a criminal...

Read More

Suffolk County, New York Passes Ban the Box Law

We have previously discussed several new “ban the box” laws at the local, state, and even federal level. On March 17, 2020, Suffolk County, New York...

Read More

Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals

Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...

Read More

The City of Dallas Considers Fair Chance Hiring for Private Employers

The Dallas City Council is considering joining the growing ban the box movement with the introduction of a Fair Chance Hiring ordinance. As...

Read More