E-Verify requirement for state contractors
Employers with more than an average of 50 employees for the previous 12 months who enter into a contract exceeding $50,000 with any Virginia state agency must register for and participate in E-Verify to verify the work authorization of newly hired employees performing work under the public contract. Failure to comply results in debarment from state contracting for up to one year. Virginia also requires all state agencies to enroll in E-Verify and use it for each newly hired employee performing work in the Commonwealth.
Prohibition on inquiring about marijuana possession convictions
Virginia prohibits all employers—both public and private—from requiring any applicant for employment to disclose information concerning any arrest, criminal charge, or conviction for simple possession of marijuana. The ban extends to misdemeanor violations of Va. Code § 18.2-248.1 (possession with intent to distribute marijuana) and violations of Va. Code § 18.2-250.1 (simple possession of marijuana), including any violation that was deferred and dismissed under first-offender provisions in Va. Code § 18.2-251.
Applicants need not answer any question concerning arrests, charges, or convictions for marijuana possession that appear on an employment application or in an interview. An employer may not require disclosure of such information "in any application, interview, or otherwise." If an applicant refuses to disclose marijuana-related criminal history, the employer may not deny employment solely on the basis of that refusal.
Penalty. Willful violations of the marijuana-inquiry prohibition constitute a Class 1 misdemeanor for each violation. A Class 1 misdemeanor in Virginia carries a maximum penalty of 12 months in jail, a fine of up to $2,500, or both.
Records confidentiality. Criminal history record information relating to marijuana possession charges and convictions maintained in the Central Criminal Records Exchange is not open for public inspection or otherwise disclosed to employers. Narrow exceptions permit dissemination for firearm-eligibility determinations, pre-sentence investigations, and applications for law-enforcement positions, but general employment background checks may not access these records.
Sunset. Va. Code § 19.2-389.3 is repealed effective July 1, 2026. Beginning on that date, the marijuana-specific employment protections are absorbed into Virginia's broader record-sealing framework under the Clean Slate Act (Va. Code § 19.2-392.15), which prohibits employers from requiring applicants to disclose any arrest, charge, or conviction that has been sealed. Employers should prepare for the transition by reviewing application forms and background-check procedures to ensure compliance with the new sealing rules, which take effect simultaneously with the repeal.
Source: Va. Code § 19.2-389.3