Failed a Background Check Because of an Old Criminal Record in Virginia?
You applied for a job, went through the interview process, and everything appeared to be going well. Then a background check revealed an old criminal charge or conviction, and the employer rejected your application or withdrew the job offer. Something that happened years ago is now preventing you from moving forward. The same problem can arise when applying for an apartment or seeking admission to college or graduate school. If an old Virginia criminal record has caused you to lose an employment, housing, or educational opportunity, you may have legal options. Depending on the offense and how the case was resolved, Virginia law may allow the record to be expunged or sealed. The first step is determining what appeared on the background check and whether the underlying record qualifies for relief.
What Should You Do After Being Rejected Because of a Criminal Background Check?
Start by determining exactly what criminal record caused the rejection.
If an employer withdrew a job offer, a landlord denied your housing application, or a school rejected your admission, try to obtain a copy of the background report and any written explanation of the decision.
Pay particular attention to whether the report identifies:
- An old misdemeanor or felony conviction
- A criminal charge that was dismissed
- An arrest that never resulted in a conviction
- A deferred disposition that was eventually dismissed
- Incorrect or outdated criminal history information
Keep copies of rejection letters, emails, background reports, and other documents connecting the decision to your criminal history.
These documents may be important when evaluating expungement or sealing, particularly when evidence of the rejection can help demonstrate manifest injustice.
If the background report contains inaccurate information, you may also have rights to dispute the report with the background-screening company. Correcting an inaccurate report is different from obtaining expungement or sealing of a valid criminal record.
What Is the Difference Between Expungement and Sealing in Virginia?
Virginia provides different legal remedies for criminal records that continue to interfere with someone’s life.
Expungement generally applies to criminal charges that did not result in a conviction, including certain charges that were dismissed, withdrawn by the prosecutor, or resulted in an acquittal. Expungement restricts access to qualifying police and court records, subject to limited statutory exceptions.
Record sealing is different. Virginia’s expanded sealing laws allow certain misdemeanor and felony convictions to be sealed, along with some criminal charges that did not result in conviction.
Sealing generally removes covered criminal records from ordinary public access, but certain government agencies, employers, and other authorized entities may still obtain sealed information for legally permitted purposes.
Not every dismissed charge qualifies for expungement. For example, a charge dismissed following a deferred disposition involving a finding of sufficient facts may instead qualify for sealing. Likewise, not every criminal conviction is eligible for sealing.
The appropriate remedy depends on the specific offense, final court disposition, and the individual’s criminal history.
Our Virginia Expungement Guide and Virginia Criminal Record Sealing Guide explain these procedures and their eligibility requirements in greater detail.
Can Losing a Job Offer or Housing Opportunity Help Support a Petition to Seal a Criminal Record?
Yes. Evidence that an old criminal record is preventing you from obtaining employment or housing may be important when seeking petition-based sealing under Virginia Code § 19.2-392.12.
One of the statutory requirements is that the continued existence and possible dissemination of information relating to the charge or conviction causes or may cause circumstances constituting a manifest injustice to the petitioner.
Consider someone convicted of an otherwise eligible offense many years ago who completed the sentence, avoided further criminal trouble, and established a stable life.
Despite those efforts, the person may repeatedly lose employment opportunities when prospective employers discover the old conviction. An employer might withdraw a conditional job offer even though the applicant is otherwise qualified for the position.
These actual consequences may provide evidence relevant to whether continued public access to the record creates a manifest injustice.
The same principle may apply when someone is repeatedly denied an apartment or other housing because of an old criminal record.
Documentation can be particularly valuable. Potential supporting evidence includes:
- Written notices withdrawing conditional job offers
- Emails identifying criminal history as the reason for an employment rejection
- Background-screening reports identifying the particular charge or conviction
- Evidence of repeated unsuccessful employment applications
- Letters denying apartment rentals or other housing applications because of criminal history
- Letters denying college, graduate school, or professional program admission
- Documentation of rehabilitation, education, employment history, and community involvement since the offense
A rejected job application, housing denial, or educational rejection does not automatically establish manifest injustice or guarantee that a court will grant a sealing petition. The petitioner must satisfy the other applicable statutory requirements.
However, documented consequences may provide meaningful evidence explaining why the old criminal record continues to create substantial obstacles.
Can a Criminal Record Cause Problems With College or Graduate School Admission?
An old criminal record can also create problems for someone applying to college, graduate school, or a professional education program, particularly when the institution conducts criminal background screening.
However, Virginia law provides certain protections. Under Virginia Code § 23.1-407.1, public institutions of higher education generally cannot include criminal-history questions on their own admissions applications or deny admission solely because of criminal-history information provided on a third-party admissions application.
The statute permits certain later inquiries and contains exceptions, including provisions concerning law school admissions.
The circumstances of an actual denial should therefore be examined carefully, particularly when the institution is a Virginia public college or university.
Separate background-screening or professional licensing requirements may also apply to certain educational programs.
If an otherwise eligible Virginia criminal record is preventing someone from pursuing an educational opportunity, the resulting denial may also provide evidence relevant to a petition for record sealing.
Will Expungement or Sealing Help With Future Background Checks?
If a qualifying criminal record is expunged or sealed, the resulting restrictions on access and disclosure may make an important difference when applying for employment, housing, or education in the future.
Virginia Code § 19.2-392.15 generally prohibits covered employers and educational institutions from requiring applicants to disclose sealed criminal matters, subject to statutory exceptions. The statute also provides protections concerning sealed records on housing applications.
However, sealing does not physically destroy every record or make the information unavailable for every purpose. Certain government agencies, employers, and other authorized entities may still have access when permitted by law.
Commercial background-screening companies may also need to update information previously collected from public records.
Neither expungement nor sealing automatically reverses an earlier rejection. The purpose of obtaining appropriate legal relief is to reduce the continuing obstacles that an old criminal record may create in future applications.
Can a Virginia Criminal Record Relief Lawyer Help After a Failed Background Check?
An old criminal charge or conviction should not automatically be considered beyond legal relief simply because it has appeared on background checks for years. Our attorneys can review the Virginia criminal history, examine court records and final dispositions, determine whether expungement or sealing may be available, and evaluate whether documented employment, housing, or educational consequences may support a petition for sealing. If an old Virginia criminal record has caused you to lose a job opportunity, prevented you from obtaining housing, or interfered with your educational plans, contact our attorneys to request a confidential review of your legal options.
10/24/2026