{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1505.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1505.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1505.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1505.1.html"}],"law_id":65546,"edition_id":1,"section_id":65546,"structure_id":13737,"section_number":"15.2-1505.1","catch_line":"Applicant preemployment information","history":"2003, c. 739.","full_text":"A locality may by ordinance, and in accordance with \u00a7 19.2-389, require applicants upon offer of employment with the locality to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by ordinance, pay the cost of the fingerprinting or criminal records check or both.\n\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the chief administrative officer of the locality or his designee, who must belong to a governmental entity. In determining whether a criminal conviction directly relates to a position, the locality shall consider the following criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; (iv) the relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.\n\t\tIf an applicant is denied employment because of information appearing in his criminal history record, the locality shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.","order_by":null,"text":{"0":{"id":238278,"text":"A locality may by ordinance, and in accordance with \u00a7 19.2-389, require applicants upon offer of employment with the locality to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by ordinance, pay the cost of the fingerprinting or criminal records check or both.\n\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the chief administrative officer of the locality or his designee, who must belong to a governmental entity. In determining whether a criminal conviction directly relates to a position, the locality shall consider the following criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; (iv) the relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.\n\t\tIf an applicant is denied employment because of information appearing in his criminal history record, the locality shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13737,"edition_id":1,"name":"General Provisions for Certain Officers and Employees","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12734,"metadata":{},"date_created":"2026-06-26 03:45:44","date_modified":"2026-06-26 03:45:44","permalink":{"id":153005,"object_type":"structure","relational_id":13737,"identifier":"1","token":"15.2\/II\/15\/1","url":"\/15.2\/II\/15\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12734,"edition_id":1,"name":"Local Government Personnel, Qualification for Office, Bonds, Dual Office Holding and Certain Local Government Officers","identifier":"15","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":153003,"object_type":"structure","relational_id":12734,"identifier":"15","token":"15.2\/II\/15","url":"\/15.2\/II\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71801,"structure_id":13737,"section_number":"15.2-1500","catch_line":"Organization of local government","url":"\/15.2-1500\/","token":"15.2\/II\/15\/1\/15.2-1500","metadata":false},{"id":60492,"structure_id":13737,"section_number":"15.2-1500.1","catch_line":"Employment discrimination prohibited; sexual orientation or gender identity","url":"\/15.2-1500.1\/","token":"15.2\/II\/15\/1\/15.2-1500.1","metadata":false},{"id":79919,"structure_id":13737,"section_number":"15.2-1501","catch_line":"Designation of officers to perform certain duties","url":"\/15.2-1501\/","token":"15.2\/II\/15\/1\/15.2-1501","metadata":false},{"id":82241,"structure_id":13737,"section_number":"15.2-1502","catch_line":"Employment of certain deputies and assistants; delegation of powers and duties","url":"\/15.2-1502\/","token":"15.2\/II\/15\/1\/15.2-1502","metadata":false},{"id":58363,"structure_id":13737,"section_number":"15.2-1503","catch_line":"Tenure of officers and employees; suspension or removal","url":"\/15.2-1503\/","token":"15.2\/II\/15\/1\/15.2-1503","metadata":false},{"id":79703,"structure_id":13737,"section_number":"15.2-1503.1","catch_line":"Background checks required for certain employees and licensees","url":"\/15.2-1503.1\/","token":"15.2\/II\/15\/1\/15.2-1503.1","metadata":false},{"id":58265,"structure_id":13737,"section_number":"15.2-1504","catch_line":"Use of tobacco products by government employees","url":"\/15.2-1504\/","token":"15.2\/II\/15\/1\/15.2-1504","metadata":false},{"id":84800,"structure_id":13737,"section_number":"15.2-1505","catch_line":"Employment based on residency prohibited for certain employees","url":"\/15.2-1505\/","token":"15.2\/II\/15\/1\/15.2-1505","metadata":false},{"id":65546,"structure_id":13737,"section_number":"15.2-1505.1","catch_line":"Applicant preemployment information","url":"\/15.2-1505.1\/","token":"15.2\/II\/15\/1\/15.2-1505.1","metadata":false},{"id":72505,"structure_id":13737,"section_number":"15.2-1505.2","catch_line":"Personnel policies related to the use of public property","url":"\/15.2-1505.2\/","token":"15.2\/II\/15\/1\/15.2-1505.2","metadata":false},{"id":81798,"structure_id":13737,"section_number":"15.2-1505.3","catch_line":"Localities prohibited from inquiring about arrests, charges, or convictions on employment applications; 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where Commonwealth bears portion of expenses","url":"\/15.2-1508.2\/","token":"15.2\/II\/15\/1\/15.2-1508.2","metadata":false},{"id":85992,"structure_id":13737,"section_number":"15.2-1508.3","catch_line":"Governing bodies of certain cities and counties may supplement salaries and reimburse traveling expenses of employees of state and local health departments","url":"\/15.2-1508.3\/","token":"15.2\/II\/15\/1\/15.2-1508.3","metadata":false},{"id":65944,"structure_id":13737,"section_number":"15.2-1508.4","catch_line":"Certain counties and cities may supplement salaries and reimburse traveling expenses of employees of state mental health clinics","url":"\/15.2-1508.4\/","token":"15.2\/II\/15\/1\/15.2-1508.4","metadata":false},{"id":83110,"structure_id":13737,"section_number":"15.2-1509","catch_line":"Preferences for veterans and people with disabilities in local government employment","url":"\/15.2-1509\/","token":"15.2\/II\/15\/1\/15.2-1509","metadata":false},{"id":57101,"structure_id":13737,"section_number":"15.2-1510","catch_line":"Retirement systems","url":"\/15.2-1510\/","token":"15.2\/II\/15\/1\/15.2-1510","metadata":false},{"id":68675,"structure_id":13737,"section_number":"15.2-1510.1","catch_line":"Public announcement of severance packages for certain officials","url":"\/15.2-1510.1\/","token":"15.2\/II\/15\/1\/15.2-1510.1","metadata":false},{"id":62802,"structure_id":13737,"section_number":"15.2-1511","catch_line":"Allowances to injured officials and employees and their dependents","url":"\/15.2-1511\/","token":"15.2\/II\/15\/1\/15.2-1511","metadata":false},{"id":62508,"structure_id":13737,"section_number":"15.2-1511.01","catch_line":"Allowances to injured deputy sheriffs","url":"\/15.2-1511.01\/","token":"15.2\/II\/15\/1\/15.2-1511.01","metadata":false},{"id":86864,"structure_id":13737,"section_number":"15.2-1511.1","catch_line":"Written benefit information to certain employees","url":"\/15.2-1511.1\/","token":"15.2\/II\/15\/1\/15.2-1511.1","metadata":false},{"id":66960,"structure_id":13737,"section_number":"15.2-1512","catch_line":"Oath and bond","url":"\/15.2-1512\/","token":"15.2\/II\/15\/1\/15.2-1512","metadata":false},{"id":54736,"structure_id":13737,"section_number":"15.2-1512.1","catch_line":"Disposition of property received by subdivisions as result of conversion of mutual insurance company to stock corporation","url":"\/15.2-1512.1\/","token":"15.2\/II\/15\/1\/15.2-1512.1","metadata":false},{"id":85589,"structure_id":13737,"section_number":"15.2-1512.2","catch_line":"Political activities of employees of localities, firefighters, emergency medical services personnel, and law-enforcement officers and certain other officers and employees","url":"\/15.2-1512.2\/","token":"15.2\/II\/15\/1\/15.2-1512.2","metadata":false},{"id":66378,"structure_id":13737,"section_number":"15.2-1512.3","catch_line":"Telecommuting by local government employees","url":"\/15.2-1512.3\/","token":"15.2\/II\/15\/1\/15.2-1512.3","metadata":false},{"id":55640,"structure_id":13737,"section_number":"15.2-1512.4","catch_line":"Rights of local employees to contact elected officials","url":"\/15.2-1512.4\/","token":"15.2\/II\/15\/1\/15.2-1512.4","metadata":false},{"id":58777,"structure_id":13737,"section_number":"15.2-1512.5","catch_line":"Authority of local government employees to issue summonses for misdemeanor violations of certain local ordinances","url":"\/15.2-1512.5\/","token":"15.2\/II\/15\/1\/15.2-1512.5","metadata":false}],"previous_section":{"id":84800,"structure_id":13737,"section_number":"15.2-1505","catch_line":"Employment based on residency prohibited for certain employees","url":"\/15.2-1505\/","token":"15.2\/II\/15\/1\/15.2-1505","metadata":false},"next_section":{"id":72505,"structure_id":13737,"section_number":"15.2-1505.2","catch_line":"Personnel policies related to the use of public property","url":"\/15.2-1505.2\/","token":"15.2\/II\/15\/1\/15.2-1505.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1505.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 739<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"permalink":{"id":153039,"object_type":"law","relational_id":65546,"identifier":"15.2-1505.1","token":"15.2\/II\/15\/1\/15.2-1505.1","url":"\/15.2-1505.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1505.1\/","token":"15.2\/II\/15\/1\/15.2-1505.1","dublin_core":{"Title":"Applicant preemployment information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1505.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A locality<\/span> may by ordinance<\/span>, and in accordance with \u00a7 19.2-389<\/a>, require applicants upon offer of employment with the locality<\/span> to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by ordinance<\/span>, pay the cost of the fingerprinting or criminal records check or both.\n\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the chief administrative officer of the locality<\/span> or his designee, who must belong to a governmental entity. In determining whether a criminal conviction<\/span> directly relates to a position, the locality<\/span> shall consider the following criteria: (i) the nature and seriousness of the crime<\/span>; (ii) the relationship of the crime<\/span> to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; (iv) the relationship of the crime<\/span> to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime<\/span>; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime<\/span>; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence<\/span> of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.\n\t\tIf an applicant is denied employment because of information appearing in his criminal history record, the locality<\/span> shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICANT PREEMPLOYMENT INFORMATION (\u00a7 15.2-1505.1)\n\nA locality may by ordinance, and in accordance with \u00a7 19.2-389, require\napplicants upon offer of employment with the locality to submit to\nfingerprinting and to provide personal descriptive information to be forwarded\nalong with the applicant’s fingerprints through the Central Criminal\nRecords Exchange and the Federal Bureau of Investigation for the purpose of\nobtaining criminal history record information regarding such applicant. Such\napplicants shall, if required by ordinance, pay the cost of the fingerprinting\nor criminal records check or both.\n\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall make a report to the chief\nadministrative officer of the locality or his designee, who must belong to a\ngovernmental entity. In determining whether a criminal conviction directly\nrelates to a position, the locality shall consider the following criteria: (i)\nthe nature and seriousness of the crime; (ii) the relationship of the crime to\nthe work to be performed in the position applied for; (iii) the extent to which\nthe position applied for might offer an opportunity to engage in further\ncriminal activity of the same type as that in which the person had been\ninvolved; (iv) the relationship of the crime to the ability, capacity or fitness\nrequired to perform the duties and discharge the responsibilities of the\nposition being sought; (v) the extent and nature of the person’s past\ncriminal activity; (vi) the age of the person at the time of the commission of\nthe crime; (vii) the amount of time that has elapsed since the person’s\nlast involvement in the commission of a crime; (viii) the conduct and work\nactivity of the person prior to and following the criminal activity; and (ix)\nevidence of the person’s rehabilitation or rehabilitative effort while\nincarcerated or following release.\n\t\tIf an applicant is denied employment because of information appearing in his\ncriminal history record, the locality shall notify the applicant that\ninformation obtained from the Central Criminal Records Exchange contributed to\nsuch denial. The information shall not be disseminated except as provided for in\nthis section.\n\nHISTORY: 2003, c. 739.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}