Virginia Employment Screening Services
All employment screening services including pre-employment drug screening and pre-employment criminal record background checks are available in Virginia.
National Employment Screening provides professional pre employment screening services to employers in Virginia to help you protect your employees and clients from the costly effects of making a “Bad Hire.”
Our criminal records Smart Search Plus® has become the industry standard for a quality criminal records background check.
It includes an unlimited check of the Federal criminal records repositories in the states where the applicant has lived for the past 7 years.
It also includes an FCRA compliant check of any needed state and county criminal records checks as well as a social security number address history trace, a multi-state criminal records database search and a check of of the sex offender registry in all 50 states .
It is the criminal records background check now chosen by most of our clients. For a brief overview of all of our employment screening services, please Click Here
All of our reports are FCRA compliant.
Use Of Social Media In Virginia Pre-Employment Screening:
Virginia law prohibits employers from requiring prospective or current employees to disclose the username and password to their social media accounts (effective July 1, 2015).
Criminal Record Check
Employers cannot require applicants (and agencies cannot require licensees) to disclose information about arrests or criminal charges that did not result in conviction or that have been expunged. Va. Code §19.2-392.4
Criminal history record information may be disseminated for investigations of applicants for employment if the job will involve personal contact with the public or when past criminal conduct would be incompatible with the nature of employment under consideration. Va. Code Ann. § 19.2-389.
There are two methods of obtaining criminal history record name searches pursuant to §19.2-389 of the Code of Virginia. Listed below are the two required forms:
(1) Criminal History Records Check (SP-167)
Criminal history record dissemination is governed by Section 19.2-389 of the Code of Virginia.
Requests for criminal record searches must be executed by the submission of a signed and notarized “Criminal Record Name Search” form SP-167.
The instructions for the completion of this form are included with the document. This form can be viewed, downloaded and/or printed by visiting the Virginia State Police Forms page.
Examples of entities/individuals eligible to use this form are:
(2) Criminal History Records Check (SP-230)
Criminal history record dissemination submitted on the SP-230 is governed by Section 19.2-389 of the Code of Virginia. Pursuant to this section, the following non-criminal justice entities are empowered to receive criminal record name searches using the SP-230 form. This form does not require notarization.
Domestic/ International Adoptions & Foster Care Agencies
Hospital Pharmacy Employees
Adult Home Care Facilities
Licensed Homes for Adults
District Homes for Adults
Adult Day Care Centers
Licensed Child Care Centers
Unlicensed Child Care Centers
Cities/Counties Under a Duly Enacted Ordinance
Call anytime to get more information about our Virginia Employment screening and employee background check services at 800.459.3034.
We serve Richmond, Roanoke, Chesapeake, Virginia Beach, New Port News, Alexandria and other Virginia cities.
Virginia employment screening law: Giving employment references in Virginia
An employer truthfully disclosing information regarding professional conduct, reasons for separating, or job performance, including information included in job evaluations, is immune to civil liability so long as the employer is not acting in bad faith.
An employer disclosing job performance information to a prospective employer is presumed to be acting in good faith, although the presumption of good faith may be rebutted by showing that the information disclosed was knowingly false, disclosed with reckless disregard for the truth, deliberately misleading, or rendered with a malicious purpose.
Information is defined by the statute to include facts, data and opinions. Job performance is defined by stature to include ability, promotions, productivity and disciplinary actions.
Professional conduct is defined to include the ethical standards that govern the employee’s profession or lawful conduct that is expected of the employee. (VA §8.01-46.1) .
Virginia employment screening law: At Will Employment screening Law in Virginia
Virginia law follows an “employment-at-will” doctrine. At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.
However, in Virginia, the mere fact that an employment contract is in writing is not sufficient to overcome the presumption that the employment is at-will.
To overcome this presumption, an employment contract must directly limit, in a meaningful and special way, the employer’s right to terminate the employee without cause. In other words, the employer has to unequivocally indicate that it will not terminate the employee except under specific circumstances.
Please note that Federal employment screening law mandates background checks for employees who are engaged in particular industries.
The Office of Inspector General of the Department of Health and Human Services maintains a list of individuals who are excluded from participation in any of its federally-funded healthcare programs.
Exclusions are due to convictions for program-related fraud and patient abuse, licensing board actions and default on health education assistance loans.
Therefore, employers in affected industries should check the OIG Exclusion list before hiring employees who might work in such programs.
The FACIS program is also very important when screening medical personnel. Click Here for more information on FACIS.
Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.
We provide several short videos to easily acquaint you with the system.
This makes the background check process fast and easy.
Please Click or call for more information.
None of the information contained in this web site should be construed as legal advice. All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.