Volunteer screening in Virginia: the complete guide
The statutes that apply, which of your volunteers they reach, which agency runs which check, what organizations here actually get wrong, and the order to do it in.
What makes Virginia different
Virginia has one of the most detailed 'barrier crime' frameworks in the Southeast — a list of specific offenses that create absolute bars to working or volunteering in covered settings, with no discretion allowed. The state's large federal contractor and military community creates significant volunteer activity in programs for military families and veterans, some of which may intersect with covered sectors. Virginia's 2016 expansion of § 63.2-1720.1 to include national FBI checks (not just state) significantly strengthened screening requirements.
The short version: Virginia has an extensive statutory framework mandating background checks for volunteers in licensed childcare centers, adult care facilities, children's residential facilities, and programs serving vulnerable populations. Key statutes include Va. Code § 63.2-1720.1 (licensed child day centers), § 63.2-1726 (children's residential facilities), and § 19.2-392.02 (national criminal history checks for organizations serving children, elderly, or disabled). Virginia defines 'barrier crimes' that absolutely disqualify volunteers from covered roles. The Virginia Department of Social Services (DSS) Office of Background Investigations administers the program.
The statutes, one at a time
These are the laws that create the obligation. Read the citation, not a summary of it, before you build a policy around it.
- 1
Licensed Child Day Centers and Family Day Homes — Volunteer Background Check
Va. Code § 63.2-1720.1
Prohibits licensed child day centers and family day homes from using volunteers convicted of barrier crimes defined in § 63.2-1719. Requires state and national fingerprint-based criminal history checks and Virginia Child Abuse and Neglect Central Registry checks for all volunteers.
- 2
Children's Residential Facilities Background Check
Va. Code § 63.2-1726
Requires background checks for all volunteers at children's residential facilities including checks against the Sex Offender Registry and barrier crime convictions.
- 3
National Criminal Background Checks — Care Providers
Va. Code § 19.2-392.02
Authorizes businesses and organizations providing care to children, elderly, or disabled to obtain national criminal history checks on employees and volunteers. Establishes barrier crimes that disqualify covered individuals.
- 4
Assisted Living Facilities — Volunteer Screening
Va. Code § 63.2-1720
Prohibits assisted living facilities and adult day care centers from using volunteers convicted of certain offenses; requires criminal history background checks.
Which of your volunteers this reaches
Run your actual roster against this list. The roles below are where Virginia's requirements apply; everyone else is a risk decision rather than a legal one.
- All volunteers at licensed child day centers and family day homes
- Volunteers at children's residential facilities with direct resident access
- Volunteers at assisted living facilities and adult day care centers
- Volunteers and interns at juvenile correction and detention facilities
- Any volunteer with unsupervised access to children or vulnerable adults in a DSS-licensed facility
Which check, from which agency
Virginia does not use one check for everything. These are the distinct instruments in play — they search different databases and are not interchangeable.
- Fingerprint-based Virginia State Police criminal history check
- FBI national criminal history fingerprint check
- Virginia Child Abuse and Neglect Central Registry check
- Virginia Sex Offender and Crimes Against Minors Registry check
Administered by: Virginia Department of Social Services (DSS) — Office of Background Investigations; Virginia State Police for criminal history records
Typical processing: State police check: 2–5 business days; FBI check adds 5–15 business days; Child Abuse Registry check: 5–7 business days
What organizations in Virginia get wrong
These are the specific, local mistakes — the exemption that gets misapplied, the second database nobody runs, the deadline that arrives before anyone has written a policy.
- 1
Review the complete barrier crime list under Va. Code § 63.2-1719 — these are absolute disqualifiers for childcare and residential facility volunteers, with no individual assessment permitted.
- 2
Submit background check requests to the DSS Office of Background Investigations before any volunteer begins unsupervised service; the statute requires completion prior to service commencement.
- 3
Retain background check results records for the duration of each volunteer's service plus 5 years to demonstrate compliance during DSS licensing inspections.
- 4
For volunteers serving in juvenile justice or corrections settings, follow the separate 6VAC35-41-290 and 6VAC35-101-290 regulations which have their own check cycle (every 5 years).
- 5
Even if your nonprofit is not licensed by DSS, if you serve children or vulnerable adults, consider using Va. Code § 19.2-392.02 to access national background checks voluntarily — it provides legal authority without imposing a mandate.
The order to do it in
- 1
Write the policy before you screen anyone
Decide which roles require a check, who reviews a result, and who makes the final call — in writing, before you have a result to review. Deciding under pressure with a parent on the phone is how organizations end up with a decision they cannot defend. Our free policy generator will draft one you can edit.
- 2
Sort your roster by unsupervised access, not by job title
The statutes above turn on contact and supervision, not on what a role is called. A "greeter" who walks children to the restroom has unsupervised access; a "coach" who is never alone with anyone may not.
- 3
Match each role to the right instrument
Where Virginia mandates a specific channel — fingerprint, a named registry, an agency portal — use that channel for that role. Use a broad multi-source check as the baseline for everyone else.
- 4
Collect consent correctly the first time
FCRA requires a standalone written disclosure and a separate written authorization. Bundling either into a volunteer application or a waiver is the single most common compliance defect, and it is the one plaintiffs' lawyers look for.
- 5
Run the check, then follow adverse action if anything surfaces
Pre-adverse notice with a copy of the report and a summary of rights, a reasonable window to dispute, then the final notice. Build the waiting period into your start dates rather than discovering it under pressure.
- 6
Set a re-screen interval and let it run
A clearance describes the day it was run. Most organizations use one to two years; some insurers require annual for roles with unsupervised access to children.
Questions Virginia organizations ask
Does Virginia require background checks for all volunteers?
Virginia has an extensive statutory framework mandating background checks for volunteers in licensed childcare centers, adult care facilities, children's residential facilities, and programs serving vulnerable populations. Key statutes include Va. Code § 63.2-1720.1 (licensed child day centers), § 63.2-1726 (children's residential facilities), and § 19.2-392.02 (national criminal history checks for organizations serving children, elderly, or disabled). Virginia defines 'barrier crimes' that absolutely disqualify volunteers from covered roles. The Virginia Department of Social Services (DSS) Office of Background Investigations administers the program.
Which of my volunteers does Virginia law actually reach?
Based on the statutes cited on this page: All volunteers at licensed child day centers and family day homes; Volunteers at children's residential facilities with direct resident access; Volunteers at assisted living facilities and adult day care centers; Volunteers and interns at juvenile correction and detention facilities; Any volunteer with unsupervised access to children or vulnerable adults in a DSS-licensed facility. Those categories are where Virginia's requirements bite. Volunteers outside them are a policy decision for your organization rather than a statutory one — which does not mean the answer is "skip it", only that the reason to screen is risk management rather than a citation.
Who administers the check in Virginia?
Virginia Department of Social Services (DSS) — Office of Background Investigations; Virginia State Police for criminal history records. Typical processing is State police check: 2–5 business days; FBI check adds 5–15 business days; Child Abuse Registry check: 5–7 business days.
Does a VolunteerBadge check satisfy Virginia's requirement?
It depends on what your state or licensor mandates, and we would rather be straight with you about it than sell past the question. Our $5 check is a broad, FCRA-compliant multi-source criminal and sex-offender search — an excellent primary screen and, for many volunteer roles, the whole answer. It is not a fingerprint or live-scan check. Where Virginia specifically mandates a fingerprint-based state or FBI channel for a role, that requirement stands on its own and our check supplements rather than replaces it.
We operate in more than one state. Whose rules apply?
Generally the rules of the state where the volunteer serves, not where your organization is incorporated. Organizations near a border routinely have volunteers under two different regimes at the same event. For Virginia that most often means Kentucky, Maryland, North Carolina, Tennessee, West Virginia. The practical approach is to screen to the strictest standard among the states you operate in, so one process covers all of them.
What happens if we run a check and find something?
That is where federal law takes over from state law. Running background checks makes you a user of consumer reports under the FCRA, so before you decline anyone based on the report you must send a pre-adverse action notice with a copy of the report and a summary of rights, allow a reasonable window to dispute, and only then send the final notice. It is not optional, and it is the step organizations most often miss.
Operating across a Virginia border?
Volunteers are generally governed by the state where they serve. If your programs cross a line, these are the neighbors you are most likely to need.
General information, not legal advice. We are a consumer reporting agency, not a law firm. The statutes cited above are real and current as of August 21, 2026, but they are amended — and a citation is not a substitute for reading how it applies to your specific program. Confirm with Virginia Department of Social Services (DSS) — Office of Background Investigations; Virginia State Police for criminal history records, your licensor, your insurer, or your own counsel before relying on any of it. Spot an error? Tell us — we would rather fix it.
Screen your Virginia volunteers for $5
A broad national criminal search, all 50 state sex-offender registries plus the national registry, and the FCRA disclosure, authorization and adverse-action workflow built in — because step four and step five above are where organizations get into trouble.
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