A Virginia background check run by the state means a Virginia State Police name search done by mail on form SP-167, which anyone may use and which returns the complete Virginia record, or on form SP-230, which Virginia employers use to get conviction data only; jobs with children, older adults or people with disabilities can add a national fingerprint check. Normal turnaround is about 15 business days after the State Police receive your mail.
The Virginia State Police do not run or endorse this site. Their official page is Virginia Criminal History Record Check. This guide explains which form to use, what each one returns and what Virginia law says about expunged records.
Quick answers
Official source
Virginia State Police, Civil and Applicant Records Exchange (CARE)Check type
Both: name searches by form, and fingerprint checks for jobs a law coversForm for anyone
SP-167, notarized, returns the complete Virginia criminal history recordForm for employers
SP-230, no notary needed, returns Virginia conviction data onlyTurnaround
About 15 business days after the mail arrives; no same day serviceExpunged records
Va. Code 19.2-392.4: employers may not require you to disclose expunged arrests, charges or convictions
Choosing between SP-167 and SP-230
The State Police describe two name based methods, and the difference matters for what the reader sees.
| SP-167 | SP-230 | |
|---|---|---|
| Who may use it | Individuals, the general public, private companies, out of state agencies | Virginia employers and other entities named in Va. Code 19.2-389 |
| Notary | Required for the subject, and for the recipient if someone else gets the results | Not required |
| What it returns | The complete Virginia criminal history record | Virginia conviction data only |
| How it is sent | Mail, one form per request | Mail, or electronic name searches for entitled agencies |
Note the trade off: the SP-167 shows everything, including arrests with no conviction, while the SP-230 limits a Virginia employer to convictions. When an employer wants you to supply an SP-167, read it yourself before handing it over. Agencies that the law entitles to name searches can use the State Police Non Criminal Justice Interface, which returns electronic responses within about 72 hours.
Fingerprints for care and other regulated jobs
For people who will work with children, older adults or individuals with disabilities, a national fingerprint check is available under the National Child Protection Act and the Volunteers for Children Act, using form SP-325. The employer must set up a tracking number with the State Police first, and the program is for employees and volunteers who live and work in Virginia.
Some agencies are entitled by statute to complete records with fingerprints, including public school boards, foster care and adoption agencies, security guard companies and some state commissions. These go through the State Police fingerprinting service. If you need prints, our fingerprint checks guide explains the appointment.
Online notaries work for the SP-167 name search, but the State Police say they are not an option when you need a fingerprint based search.
How long a Virginia background check takes
The State Police say normal turnaround is 15 business days after they receive your mail, and their FAQ mentions 15 to 20 business days. There is no expedited or same day service. You can drop the form at headquarters in North Chesterfield, but it still will not be processed that day. Paying with a money order or business check can be faster than a card, which takes longer to process.
A private screening report runs on its own schedule. See why checks take longer if yours seems stuck.
Expunged records and Virginia employers
Virginia law protects people whose records have been expunged. Under Va. Code 19.2-392.4, an employer or school may not, in an application, an interview or any other way, require you to disclose information about an arrest, charge, conviction or civil offense that has been expunged. Your answer to a record question can leave expunged items out.
Do answer: only about records that have not been expunged, and keep a copy of your expungement order.
Do not list: an expunged charge because you worry it will show up. If it does show up in a private report, dispute it.
The State Police also run a seal order notification program for agencies, connected to Virginia's newer record sealing rules. Ask a legal aid office whether sealing applies to you, and see our sealing and expungement page.
Federal rights with private screening
Private screening in Virginia brings federal duties into play. You sign a stand alone consent before the search, and an employer leaning toward no because of the findings must first share them with you along with a written rights notice. Details are on the FTC site. The EEOC also tells employers to weigh the offense against the job instead of rejecting everyone with a record.
Fixing an incorrect entry
If something on your Virginia record is wrong, the State Police FAQ says to contact the arresting agency, which sent the information. Bring certified court papers showing the outcome. The State Police also say their own arrest reports are not released to the public, so a request for the report behind a charge goes to the arresting agency too.
For a private report, send a written dispute to the screening company with the same papers; our dispute steps include a letter. State Police staff cannot give legal advice, so for questions about your rights, contact the Virginia Lawyer Referral Service, a legal aid office, or a Virginia employment attorney.
Questions people ask
Can I do a Virginia state police background check online?
You create and print the SP-167 or SP-230 online, but the request itself is mailed with payment. Entitled agencies can use an electronic interface for name searches.
What does the SP-167 return?
The State Police say the SP-167 returns a complete Virginia criminal history record. Out of state and FBI records are not part of it.
How many years does a Virginia record check cover?
The State Police record is not limited to a set number of years. Private screening firms work under federal limits instead: old non conviction arrests usually drop off after 7 years, while convictions can stay.
Is a West Virginia background check the same?
No. West Virginia is a separate state with its own State Police and process. This page covers the Commonwealth of Virginia only; see our all states page for West Virginia.
What is a central registry background check in Virginia?
It is a search of child abuse and neglect records kept by the Virginia Department of Social Services, separate from the State Police criminal check. Jobs with children often need both.
Must I disclose an expunged Virginia charge to an employer?
No. Va. Code 19.2-392.4 says employers may not require you to disclose expunged arrests, charges or convictions, and you need not mention them.