A criminal record can have lasting and far-reaching effects on your ability to secure employment in Virginia. Whether the offense is a misdemeanor or a felony, having a criminal history can significantly limit job opportunities, particularly in industries with stringent background check requirements. It is critical to understand, though, that being charged or convicted does not mean your professional future is over. You have rights, and in many cases, legal options such as expungement or record sealing may help mitigate the impact. At Crowley Peritz Law, we help clients across Northern Virginia understand and navigate these challenges with tailored legal strategies and personalized support. Our firm is committed to defending your future, and we encourage anyone concerned about the effect of a criminal record on employment to contact us today for a consultation.
How Employers Use Criminal Records in the Hiring Process
Most employers in Virginia conduct background checks before making a hiring decision. These checks may include a review of criminal records, often through third-party services that compile data from court and arrest records. Under Virginia law, private employers have broad discretion in whether and how they use criminal history when evaluating job candidates. Some employers automatically reject applicants with any criminal record, while others assess each case individually.
Certain industries impose legal restrictions that limit or bar individuals with specific convictions from employment. For example, schools, childcare facilities, healthcare organizations, financial institutions, and government agencies may be required by statute to exclude applicants with felony records or certain misdemeanors involving moral turpitude. While private employers are not universally bound by these rules, many voluntarily adopt similar standards.
Legal Protections for Job Seekers with a Criminal Record
In 2020, Virginia implemented a statewide “Ban-the-Box” law that prohibits public sector employers from asking about criminal history on job applications. The goal is to give applicants a fair chance to be considered based on qualifications before their record is taken into account. However, this law does not apply to private employers, who are still permitted to inquire about criminal history at the application stage.
Federal law also provides some protections. The Equal Employment Opportunity Commission (EEOC) enforces Title VII of the Civil Rights Act, which prohibits employment discrimination. The EEOC has issued guidance stating that employers must consider the nature of the offense, the time that has passed since the conviction, and the relevance of the offense to the job before rejecting an applicant solely based on a criminal record.
Virginia law limits how far back employers can look into certain sealed or expunged records, but most adult convictions remain accessible unless specifically removed by court order.
Types of Records and Their Employment Impact
The impact of a criminal record on employment depends on the nature of the offense. Misdemeanors, such as possession of marijuana or petty theft, may be less damaging than felonies involving violence, fraud, or repeat offenses. However, even a misdemeanor can raise red flags for employers in sensitive fields.
Drug offenses, violent crimes, and theft charges are among the most scrutinized by employers. White-collar crimes, such as embezzlement or fraud, may also raise concerns in finance or administrative positions. Whether the record is sealed, expunged, or publicly accessible can significantly affect how much influence it has on employment decisions.
Overcoming Employment Barriers After a Conviction
One of the most effective ways to reduce the impact of a criminal record is through expungement or record sealing. While Virginia law currently limits expungement eligibility to cases that did not result in conviction, recent reforms are expanding access for certain misdemeanor and low-level felony offenses. Starting in 2025, automatic sealing will become available for certain offenses after a specified waiting period, provided there are no new convictions.
Individuals should also be proactive in addressing their record with potential employers. Explaining the circumstances of a conviction and demonstrating rehabilitation can make a positive impression. If a background check contains incorrect or outdated information, applicants have the right to dispute and correct it under the Fair Credit Reporting Act.
The Role of a Criminal Defense Attorney
Legal representation is crucial both before and after a conviction. A criminal defense attorney can help fight the charges from the outset, negotiate favorable plea agreements, and identify opportunities for dismissal or reduction. If a record already exists, an attorney can assess whether expungement or sealing is possible, prepare petitions, and advocate on the client’s behalf in court.
An attorney can also provide guidance on navigating employment-related consequences, including advising on how to communicate with employers and asserting legal rights when discrimination may have occurred.
How Crowley Peritz Law Can Help
At Crowley Peritz Law, we understand how damaging a criminal record can be, especially when it interferes with your ability to earn a living. With over 30 years of combined experience in criminal and serious traffic defense, our Fairfax-based team is dedicated to helping individuals across Northern Virginia mitigate the long-term consequences of their charges. We offer strategic representation focused on dismissal, expungement, and record sealing options. We also work closely with our clients to prepare them for job applications and defend their rights under the law.
Contact Crowley Peritz Law Today
If you are facing criminal charges or struggling with the employment consequences of a past conviction, you do not have to face it alone. At Crowley Peritz Law, we are here to help you understand your legal options and work toward a brighter future. Contact us today through our online form or call us at (703) 337-3773 to schedule a free consultation. Our experienced team is ready to stand with you and protect your future.
