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Summary of differences between federal and state regulations
There is no one federal law that specifically addresses employment applications, although there are record retention guidelines under a variety of federal laws (see the Recordkeeping topic) and non-discrimination provisions for hiring in general (see the Discrimination topic).
In Virginia, an employer may not request on any application form information concerning any arrest or criminal charge against the applicant that has been expunged. If asked, an applicant need not provide information about criminal records that have been expunged. §19.2-392.4.
Employers who use application forms must ask prospective employees if they are legally eligible for employment in the United States. § 40.1-11.1.
State
Contact
Virginia Department of Labor and Industry
Regulations
Federal
Contacts
None.
Regulations
None.