{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1505.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1505.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1505.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1505.3.html"}],"law_id":81798,"edition_id":1,"section_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; exceptions","history":"2020, c. 422.","full_text":"A\n\nAs used in this section, &#8220;conviction&#8221; means any adjudication that an individual committed a crime, any finding of guilt after a criminal trial by a court of competent jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.B\n\nNo locality shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. This prohibition shall not apply to (i) law-enforcement agency positions or positions related to law-enforcement agencies, (ii) positions for employment by the local school board, (iii) sensitive positions, or (iv) any employment-related applications or questionnaires provided during or after a staff interview. For purposes of this subsection, &#8220;sensitive positions&#8221; shall include those positions:1\n\nResponsible for the health, safety, and welfare of citizens or the protection of critical infrastructure;2\n\nThat have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and3\n\nThat are otherwise required by state or federal law to be designated as sensitive.C\n\nNo locality shall inquire whether a prospective employee has ever been arrested for, or charged with, or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee.D\n\nNothing in this section shall prevent a locality from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime.","order_by":null,"text":{"0":{"id":293093,"text":"As used in this section, &#8220;conviction&#8221; means any adjudication that an individual committed a crime, any finding of guilt after a criminal trial by a court of competent jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293094,"text":"No locality shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. This prohibition shall not apply to (i) law-enforcement agency positions or positions related to law-enforcement agencies, (ii) positions for employment by the local school board, (iii) sensitive positions, or (iv) any employment-related applications or questionnaires provided during or after a staff interview. For purposes of this subsection, &#8220;sensitive positions&#8221; shall include those positions:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":293095,"text":"Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructure;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":293096,"text":"That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":293097,"text":"That are otherwise required by state or federal law to be designated as sensitive.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":293098,"text":"No locality shall inquire whether a prospective employee has ever been arrested for, or charged with, or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":293099,"text":"Nothing in this section shall prevent a locality from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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; exceptions","url":"\/15.2-1505.3\/","token":"15.2\/II\/15\/1\/15.2-1505.3","metadata":false},{"id":57426,"structure_id":13737,"section_number":"15.2-1506","catch_line":"Establishment of grievance procedure, personnel system and uniform pay plan for employees","url":"\/15.2-1506\/","token":"15.2\/II\/15\/1\/15.2-1506","metadata":false},{"id":77432,"structure_id":13737,"section_number":"15.2-1507","catch_line":"Provision of grievance procedure; training programs","url":"\/15.2-1507\/","token":"15.2\/II\/15\/1\/15.2-1507","metadata":false},{"id":55230,"structure_id":13737,"section_number":"15.2-1507.1","catch_line":"Appointment of standing panel in certain counties","url":"\/15.2-1507.1\/","token":"15.2\/II\/15\/1\/15.2-1507.1","metadata":false},{"id":64897,"structure_id":13737,"section_number":"15.2-1508","catch_line":"Bonuses for employees of local governments","url":"\/15.2-1508\/","token":"15.2\/II\/15\/1\/15.2-1508","metadata":false},{"id":60894,"structure_id":13737,"section_number":"15.2-1508.1","catch_line":"Traveling expenses on business of town, city or county","url":"\/15.2-1508.1\/","token":"15.2\/II\/15\/1\/15.2-1508.1","metadata":false},{"id":74011,"structure_id":13737,"section_number":"15.2-1508.2","catch_line":"Same; 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":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},"next_section":{"id":57426,"structure_id":13737,"section_number":"15.2-1506","catch_line":"Establishment of grievance procedure, personnel system and uniform pay plan for employees","url":"\/15.2-1506\/","token":"15.2\/II\/15\/1\/15.2-1506","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1505.3\/","history_text":"<p>This law was first created in 2020. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0422\">422<\/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":false,"permalink":{"id":153047,"object_type":"law","relational_id":81798,"identifier":"15.2-1505.3","token":"15.2\/II\/15\/1\/15.2-1505.3","url":"\/15.2-1505.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1505.3\/","token":"15.2\/II\/15\/1\/15.2-1505.3","dublin_core":{"Title":"Localities prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1505.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section, &#8220;<span class=\"dictionary\">conviction<\/span>&#8221; means any adjudication that an individual committed a <span class=\"dictionary\">crime<\/span>, any <span class=\"dictionary\">finding<\/span> of guilt after a criminal <span class=\"dictionary\">trial<\/span> by a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span>, or any <span class=\"dictionary\">plea<\/span> of guilty or <span class=\"dictionary\">nolo contendere<\/span> to a criminal charge. <a id=\"paragraph-293093\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No <span class=\"dictionary\">locality<\/span> shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any <span class=\"dictionary\">crime<\/span>. This prohibition shall not apply to (i) <span class=\"dictionary\">law<\/span>-enforcement agency positions or positions related to <span class=\"dictionary\">law<\/span>-enforcement agencies, (ii) positions for employment by the local school board, (iii) <span class=\"dictionary\">sensitive positions<\/span>, or (iv) any employment-related applications or questionnaires provided during or after a staff interview. For purposes of this subsection, &#8220;<span class=\"dictionary\">sensitive positions<\/span>&#8221; shall include those positions: <a id=\"paragraph-293094\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructure; <a id=\"paragraph-293095\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and <a id=\"paragraph-293096\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> That are otherwise required by state or federal <span class=\"dictionary\">law<\/span> to be designated as sensitive. <a id=\"paragraph-293097\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No <span class=\"dictionary\">locality<\/span> shall inquire whether a prospective employee has ever been arrested for, or charged with, or convicted of any <span class=\"dictionary\">crime<\/span> unless the inquiry takes place during or after a staff interview of the prospective employee. <a id=\"paragraph-293098\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Nothing in this section shall prevent a <span class=\"dictionary\">locality<\/span> from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any <span class=\"dictionary\">crime<\/span>. <a id=\"paragraph-293099\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1505.3\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOCALITIES PROHIBITED FROM INQUIRING ABOUT ARRESTS, CHARGES, OR CONVICTIONS ON\nEMPLOYMENT APPLICATIONS; EXCEPTIONS (\u00a7 15.2-1505.3)\n\nA. As used in this section, &#8220;conviction&#8221; means any adjudication that\nan individual committed a crime, any finding of guilt after a criminal trial by\na court of competent jurisdiction, or any plea of guilty or nolo contendere to a\ncriminal charge.\n\nB. No locality shall request a prospective employee to complete an application\nfor employment that includes a question inquiring whether the prospective\nemployee has ever been arrested for, charged with, or convicted of any crime.\nThis prohibition shall not apply to (i) law-enforcement agency positions or\npositions related to law-enforcement agencies, (ii) positions for employment by\nthe local school board, (iii) sensitive positions, or (iv) any\nemployment-related applications or questionnaires provided during or after a\nstaff interview. For purposes of this subsection, &#8220;sensitive\npositions&#8221; shall include those positions:\n\n   1. Responsible for the health, safety, and welfare of citizens or the\n   protection of critical infrastructure;\n\n   2. That have access to sensitive information, including access to federal tax\n   information in approved exchange agreements with the Internal Revenue Service\n   or Social Security Administration; and\n\n   3. That are otherwise required by state or federal law to be designated as\n   sensitive.\n\nC. No locality shall inquire whether a prospective employee has ever been\narrested for, or charged with, or convicted of any crime unless the inquiry\ntakes place during or after a staff interview of the prospective employee.\n\nD. Nothing in this section shall prevent a locality from considering information\nreceived during or after a staff interview pertaining to a prospective employee\nhaving been arrested for, charged with, or convicted of any crime.\n\nHISTORY: 2020, c. 422.","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}}