There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.
The question is this: why you, over the thirty other people I could hire who don't have a criminal record?
If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.
The answer that works is this:
Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.
Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.
Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.
What the Law in Virginia Says About Your Record
Virginia's ban the box law (Va. Code §2.2-1202.1, 2020) prohibits state agencies and other covered public employers from including criminal history questions on initial employment applications. The law applies to state government employment. Several Virginia localities including Richmond, Alexandria, and Arlington County have adopted their own fair chance policies. Private employers statewide face no state timing restriction, though EEOC guidance advises against blanket exclusions.
Virginia significantly expanded its expungement and record sealing law in 2021 (HB 2300) and has continued expanding eligibility since. Virginia now allows petition-based expungement for a broader range of cases, including deferred disposition completions and certain non-violent convictions. Many records that were previously ineligible became eligible under the 2021 reforms. Non-conviction records (dismissed charges, acquittals) are generally eligible for expungement. Virginia also enacted automatic sealing provisions for certain qualifying records.
Federal FCRA protections apply statewide. Non-conviction records older than seven years cannot appear on consumer reporting agency background checks for most positions.
Building the Answer Before You Need It
In Virginia, your answer in the interview is what carries you with private employers. The law provides no application-stage protection for private sector hiring. So you have to walk in ready.
Virginia Department of Corrections (VADOC) provides reentry programming including pre-release vocational training, educational programs (GED, college courses), and release planning. The Virginia Reentry Mural Initiative and Reentry Council coordinate community-based resources for returning citizens.
Virginia Career Works centers (American Job Centers statewide), operated through the Virginia Employment Commission and Virginia Community College System, provide job search assistance, training referrals, WOTC coordination, and Federal Bonding access.
Virginia's economy runs on government and defense (Northern Virginia/DC metro is among the largest government contractor markets in the world), technology, healthcare, manufacturing, agriculture, and tourism. Northern Virginia, Richmond, Virginia Beach, and Roanoke are primary labor markets. Whatever you are applying for, make the answer specific to what that employer needs.
Practice it out loud. Until the hesitation is completely gone. The pause is what loses the room. Eliminate it before you sit down.
Companies in Virginia That Hire People with Criminal Records
Virginia's economy, anchored by Northern Virginia's government contracting and technology sector, Richmond's healthcare and finance industries, and the Hampton Roads military and port economy, creates consistent demand across sectors.
Amazon (HQ2 in Arlington), Microsoft, Booz Allen Hamilton, Leidos, and major federal contractors in Northern Virginia hire in a range of technical, operations, and support roles. Walmart, Home Depot, and major food service operators have extensive Virginia operations and national fair chance commitments. Healthcare systems including Inova Health, VCU Health, Sentara Health, and Carilion Clinic hire in support and entry-level roles. Newport News Shipbuilding (Huntington Ingalls) is one of the largest private employers in Virginia, hiring in manufacturing and skilled trades. Construction contractors statewide face persistent labor shortages.
Virginia Career Works centers provide employer connections and WOTC documentation statewide.
Staffing agencies across Northern Virginia, Richmond, Hampton Roads, and Roanoke are the most accessible first step.
For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.
The Tax Credit Employers Get for Hiring You
There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.
You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.
Virginia Career Works centers coordinate WOTC certification and Federal Bonding access for employers statewide.
Where to Get Help in Virginia
Virginia Career Works centers statewide provide job search assistance, career counseling, training referrals, WOTC coordination, and Federal Bonding access. Find your nearest center at vacareerworks.com.
Virginia Department of Corrections (VADOC) provides pre-release education, vocational training, and reentry coordination. Contact through vadoc.virginia.gov.
Virginia Indigent Defense Commission and legal aid organizations statewide provide expungement guidance. Central Virginia Legal Aid Society (cvlas.org), Legal Aid Justice Center (justice4all.org), and Blue Ridge Legal Services (brls.org) serve different regions.
Virginia Free Legal Answers (va.freelegalanswers.org) provides online legal guidance for eligible low-income Virginians, including expungement questions.
The Federal Bonding Program, coordinated through Virginia Career Works, provides free fidelity bonding to employers who hire returning citizens.
Frequently asked questions
Can employers in Virginia ask about my criminal record?
State agencies cannot include criminal history questions on initial applications under Va. Code §2.2-1202.1 (2020). Richmond, Alexandria, and Arlington County have local fair chance policies. Private employers statewide face no state timing restriction and can ask on the initial application. EEOC guidance applies to all employers. Federal FCRA protections apply to all third-party background checks, including the 7-year limit on non-conviction records for most positions.
Does Virginia have ban the box for private employers?
No. Virginia's 2020 law covers state agencies and covered public employers. Private employers statewide have no timing restriction. Your answer in the interview and a successful expungement are the most impactful tools available with private employers. Virginia's 2021 expungement reform (HB 2300) significantly expanded the categories of convictions and records eligible for expungement or sealing.
What jobs can I not get with a felony in Virginia?
Healthcare with direct patient care, childcare, education, law enforcement, and financial services regulated by the state have statutory background check requirements. Federal contractors in Northern Virginia (a major employment sector) must comply with the federal Fair Chance to Compete Act for most positions, delaying inquiry until after a conditional offer. For most other private sector employment, the decision rests with the individual employer.
How do I explain my record in a job interview?
Do not pause. Come in with the answer ready: everybody deserves a second chance, somebody is going to give me one, and they are going to get the best employee they ever had because you are never going back. Connect your VADOC vocational training, educational credentials, or any program completion inside to what this employer needs. Then close by mentioning that your hire qualifies for the Work Opportunity Tax Credit. End strong. Check your expungement eligibility under Virginia's expanded 2021 law.
What is the Work Opportunity Tax Credit?
The WOTC is a federal tax credit for employers hiring from qualifying groups including people recently released from prison. Virginia Career Works centers coordinate certification statewide. Mention it at the end of every interview.
Do employers get a tax credit for hiring ex-felons?
Yes. Bring this up at the end of your interview. Your hire comes with a tax benefit none of the other applicants can offer. Ask your Virginia Career Works counselor for WOTC documentation.
What Virginia programs help people with records find work?
Virginia Career Works centers statewide provide job search help, training referrals, WOTC, and Federal Bonding. VADOC provides pre-release vocational training and reentry planning. Central Virginia Legal Aid, Legal Aid Justice Center, and Blue Ridge Legal Services provide free expungement guidance by region. Virginia Free Legal Answers (va.freelegalanswers.org) provides online guidance.
Can I get my record expunged in Virginia?
Virginia significantly expanded expungement eligibility in 2021 (HB 2300). Non-conviction records (dismissed charges, acquittals) are generally eligible for expungement. Deferred disposition completions are eligible. Many non-violent convictions became newly eligible under the 2021 reform. Virginia also enacted automatic sealing provisions for certain qualifying records. Contact regional legal aid organizations or va.freelegalanswers.org for current eligibility guidance on your specific record.
What companies in Virginia hire people with felonies?
Amazon (HQ2 Arlington), Microsoft, Booz Allen Hamilton, Leidos, and federal contractors in Northern Virginia hire in operations and support. Walmart, Home Depot, and major food service operators have fair chance commitments. Inova Health, VCU Health, Sentara, and Carilion hire in healthcare support. Newport News Shipbuilding hires in manufacturing and skilled trades. Construction contractors statewide face persistent shortages. Virginia Career Works provides employer connections. Staffing agencies in Northern Virginia, Richmond, and Hampton Roads are the most accessible first step. For the full national list, see the InmateAid Fair Chance Employer Reference List.
How do I get hired if I have a long gap in my work history?
Name what you did inside: VADOC vocational training, educational credentials, GED or college courses, work assignments are all content. Virginia's 2021 expungement reform may have made your record eligible -- check with legal aid. Non-conviction records older than 7 years do not appear on background checks. Federal contractor Fair Chance to Compete Act rules mean federal contractor employers (a huge Virginia sector) cannot raise your record until after a conditional offer. Virginia Career Works centers provide job placement. Staffing agencies are the fastest path back into regular employment. Build ninety days of solid performance anywhere and that record becomes what employers see instead of the gap. ---
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