Legal Question in Employment Law in Virginia
Background check
Can an employer in VA request a criminal background check of a current employee without the employees consent.
How long does it take from the time a person was fingerprinted for the record to show up on a national database. What if the charges are being dropped and the expungement was in process. What can be viewed by the employer.
1 Answer from Attorneys
Re: Background check
The answer to your first question is yes, of course, an employer (or anyone else) may initiate a criminal background check on a current employee.
Criminal records are public records available to anyone to check at anytime for virtually any reason.
I know of no reliable way to provide an estimate to your second question as this operation(inputting the data into a given database)typically varies with the human agency involved.
As long as the data regarding the arrest or conviction are still in whatever database the employer is checking, the employer is free to view whatever is there irrespective of whatever process to expunge such information has started or may start at some future time.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
