{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1705.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1705.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1705.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1705.html"}],"law_id":78495,"edition_id":1,"section_id":78495,"structure_id":13483,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","history":"1982, c. 442, \u00a7 15.1-131.8; 1988, c. 396; 1994, cc. 850, 905; 1995, c. 112; 1997, c. 587; 2013, cc. 307, 468; 2014, c. 84; 2020, Sp. Sess. I, cc. 32, 37, 48.","full_text":"A\n\nThe chief of police and all police officers of any locality, all deputy sheriffs and jail officers in the Commonwealth, and all law-enforcement officers as defined in &#xA7; 9.1-101 who enter upon the duties of such office after July 1, 1994, are required to meet the following minimum qualifications for office. Such person shall (i) be a citizen of the United States; (ii) be required to undergo a background investigation including fingerprint-based criminal history records inquiries to both the Central Criminal Records Exchange and the Federal Bureau of Investigation; (iii) have a high school education or have passed a high school equivalency examination approved by the Board of Education; (iv) possess a valid driver&#8217;s license if required by the duties of office to operate a motor vehicle; (v) undergo a physical examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed physician; (vi) be at least 18 years of age; (vii) not have been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in the Commonwealth; and (viii) not have produced a positive result on a pre-employment drug screening, if such screening is required by the hiring law-enforcement agency or jail, where the positive result cannot be explained to the law-enforcement agency or jail administrator&#8217;s satisfaction. In addition, all such officers who enter upon the duties of such office on or after July 1, 2013, shall not have been convicted of or pled guilty or no contest to (a) any misdemeanor involving moral turpitude, including but not limited to petit larceny under &#xA7; 18.2-96, or any offense involving moral turpitude that would be a misdemeanor if committed in the Commonwealth; (b) any misdemeanor sex offense in the Commonwealth, another state, or the United States, including but not limited to sexual battery under &#xA7; 18.2-67.4 or consensual sexual intercourse with a minor 15 years of age or older under clause (ii) of &#xA7; 18.2-371; or (c) domestic assault under &#xA7; 18.2-57.2 or any offense that would be domestic assault under the laws of another state or the United States.B\n\nIn addition, if the police officer, deputy sheriff, or jail officer had been employed at any time by another law-enforcement agency or jail, the hiring law-enforcement agency or jail shall request from all prior employing law-enforcement agencies or jails any information (i) related to an arrest or prosecution of a former police officer, deputy sheriff, or jail officer, including any expunged arrest or criminal charge known to the agency or disclosed during the hiring process that would otherwise be prohibited from disclosure in accordance with &#xA7; 19.2-392.4; (ii) related to a civil suit regarding a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s employment or performance of his duties; (iii) obtained during the course of any internal investigation related to a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct adopted by the Criminal Justice Services Board; and (iv) related to a former police officer, deputy sheriff, or jail officer&#8217;s job performance that led to such officer&#8217;s or deputy sheriff&#8217;s resignation, dismissal, demotion, suspension, or transfer. The hiring agency or jail may request this information subsequent to a conditional offer of employment; however, no police officer, deputy sheriff, or jail officer may be employed in such position until the requested information is received from all prior employing law-enforcement agencies in the Commonwealth. The hiring agency or jail shall request that the police officer, deputy sheriff, or jail officer complete a waiver or release liability authorizing the hiring agency or jail to request such information as listed in this subsection from all prior employing law-enforcement agencies or jails, including law-enforcement agencies or jails located outside the Commonwealth. Any sheriff or chief of police in the Commonwealth, any director or chief executive of any law-enforcement agency or jail in the Commonwealth, and the Director of the Department of Criminal Justice Services or his designee who receives such request for information shall disclose such requested information within 14 days of receiving such request to the requesting hiring law-enforcement agency or jail.C\n\nIn addition, the hiring law-enforcement agency or jail may require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist.D\n\nUpon request of a sheriff or chief of police, or the director or chief executive of any agency or department employing law-enforcement officers as defined in &#xA7; 9.1-101 or jail officers as defined in &#xA7; 53.1-1, the Department of Criminal Justice Services is hereby authorized to waive the requirements for qualification as set out in subsection A for good cause shown.","order_by":null,"text":{"0":{"id":281334,"text":"The chief of police and all police officers of any locality, all deputy sheriffs and jail officers in the Commonwealth, and all law-enforcement officers as defined in &#xA7; 9.1-101 who enter upon the duties of such office after July 1, 1994, are required to meet the following minimum qualifications for office. Such person shall (i) be a citizen of the United States; (ii) be required to undergo a background investigation including fingerprint-based criminal history records inquiries to both the Central Criminal Records Exchange and the Federal Bureau of Investigation; (iii) have a high school education or have passed a high school equivalency examination approved by the Board of Education; (iv) possess a valid driver&#8217;s license if required by the duties of office to operate a motor vehicle; (v) undergo a physical examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed physician; (vi) be at least 18 years of age; (vii) not have been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in the Commonwealth; and (viii) not have produced a positive result on a pre-employment drug screening, if such screening is required by the hiring law-enforcement agency or jail, where the positive result cannot be explained to the law-enforcement agency or jail administrator&#8217;s satisfaction. In addition, all such officers who enter upon the duties of such office on or after July 1, 2013, shall not have been convicted of or pled guilty or no contest to (a) any misdemeanor involving moral turpitude, including but not limited to petit larceny under &#xA7; 18.2-96, or any offense involving moral turpitude that would be a misdemeanor if committed in the Commonwealth; (b) any misdemeanor sex offense in the Commonwealth, another state, or the United States, including but not limited to sexual battery under &#xA7; 18.2-67.4 or consensual sexual intercourse with a minor 15 years of age or older under clause (ii) of &#xA7; 18.2-371; or (c) domestic assault under &#xA7; 18.2-57.2 or any offense that would be domestic assault under the laws of another state or the United States.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281335,"text":"In addition, if the police officer, deputy sheriff, or jail officer had been employed at any time by another law-enforcement agency or jail, the hiring law-enforcement agency or jail shall request from all prior employing law-enforcement agencies or jails any information (i) related to an arrest or prosecution of a former police officer, deputy sheriff, or jail officer, including any expunged arrest or criminal charge known to the agency or disclosed during the hiring process that would otherwise be prohibited from disclosure in accordance with &#xA7; 19.2-392.4; (ii) related to a civil suit regarding a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s employment or performance of his duties; (iii) obtained during the course of any internal investigation related to a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct adopted by the Criminal Justice Services Board; and (iv) related to a former police officer, deputy sheriff, or jail officer&#8217;s job performance that led to such officer&#8217;s or deputy sheriff&#8217;s resignation, dismissal, demotion, suspension, or transfer. The hiring agency or jail may request this information subsequent to a conditional offer of employment; however, no police officer, deputy sheriff, or jail officer may be employed in such position until the requested information is received from all prior employing law-enforcement agencies in the Commonwealth. The hiring agency or jail shall request that the police officer, deputy sheriff, or jail officer complete a waiver or release liability authorizing the hiring agency or jail to request such information as listed in this subsection from all prior employing law-enforcement agencies or jails, including law-enforcement agencies or jails located outside the Commonwealth. Any sheriff or chief of police in the Commonwealth, any director or chief executive of any law-enforcement agency or jail in the Commonwealth, and the Director of the Department of Criminal Justice Services or his designee who receives such request for information shall disclose such requested information within 14 days of receiving such request to the requesting hiring law-enforcement agency or jail.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281336,"text":"In addition, the hiring law-enforcement agency or jail may require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":281337,"text":"Upon request of a sheriff or chief of police, or the director or chief executive of any agency or department employing law-enforcement officers as defined in &#xA7; 9.1-101 or jail officers as defined in &#xA7; 53.1-1, the Department of Criminal Justice Services is hereby authorized to waive the requirements for qualification as set out in subsection A for good cause shown.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13483,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13482,"metadata":{},"date_created":"2026-06-26 03:44:59","date_modified":"2026-06-26 03:44:59","permalink":{"id":153749,"object_type":"structure","relational_id":13483,"identifier":"1","token":"15.2\/II\/17\/1","url":"\/15.2\/II\/17\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13482,"edition_id":1,"name":"Police and Public Order","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:59","date_modified":"2026-06-26 03:44:59","permalink":{"id":153747,"object_type":"structure","relational_id":13482,"identifier":"17","token":"15.2\/II\/17","url":"\/15.2\/II\/17\/","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":59436,"structure_id":13483,"section_number":"15.2-1700","catch_line":"Preservation of peace and good order","url":"\/15.2-1700\/","token":"15.2\/II\/17\/1\/15.2-1700","metadata":false},{"id":82838,"structure_id":13483,"section_number":"15.2-1701","catch_line":"Organization of police forces","url":"\/15.2-1701\/","token":"15.2\/II\/17\/1\/15.2-1701","metadata":false},{"id":73443,"structure_id":13483,"section_number":"15.2-1702","catch_line":"Referendum required prior to establishment of county police force","url":"\/15.2-1702\/","token":"15.2\/II\/17\/1\/15.2-1702","metadata":false},{"id":81008,"structure_id":13483,"section_number":"15.2-1703","catch_line":"Referendum to abolish county police force","url":"\/15.2-1703\/","token":"15.2\/II\/17\/1\/15.2-1703","metadata":false},{"id":74490,"structure_id":13483,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","url":"\/15.2-1704\/","token":"15.2\/II\/17\/1\/15.2-1704","metadata":false},{"id":78495,"structure_id":13483,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","url":"\/15.2-1705\/","token":"15.2\/II\/17\/1\/15.2-1705","metadata":false},{"id":85175,"structure_id":13483,"section_number":"15.2-1706","catch_line":"Certification through training required for all law-enforcement officers; waiver of requirements","url":"\/15.2-1706\/","token":"15.2\/II\/17\/1\/15.2-1706","metadata":false},{"id":65694,"structure_id":13483,"section_number":"15.2-1707","catch_line":"Decertification of law-enforcement officers and jail officers","url":"\/15.2-1707\/","token":"15.2\/II\/17\/1\/15.2-1707","metadata":false},{"id":69038,"structure_id":13483,"section_number":"15.2-1708","catch_line":"Notice of decertification; decertification review process","url":"\/15.2-1708\/","token":"15.2\/II\/17\/1\/15.2-1708","metadata":false},{"id":71374,"structure_id":13483,"section_number":"15.2-1709","catch_line":"Employer immunity from liability; disclosure of information regarding former deputy sheriffs and law-enforcement officers","url":"\/15.2-1709\/","token":"15.2\/II\/17\/1\/15.2-1709","metadata":false},{"id":59628,"structure_id":13483,"section_number":"15.2-1710","catch_line":"Fees and other compensation","url":"\/15.2-1710\/","token":"15.2\/II\/17\/1\/15.2-1710","metadata":false},{"id":86731,"structure_id":13483,"section_number":"15.2-1710.1","catch_line":"Arrest or summons quota prohibited","url":"\/15.2-1710.1\/","token":"15.2\/II\/17\/1\/15.2-1710.1","metadata":false},{"id":63376,"structure_id":13483,"section_number":"15.2-1711","catch_line":"Providing legal fees and expenses for law-enforcement officers; repayment to locality of two-thirds of amount by Compensation Board","url":"\/15.2-1711\/","token":"15.2\/II\/17\/1\/15.2-1711","metadata":false},{"id":63610,"structure_id":13483,"section_number":"15.2-1712","catch_line":"Employment of off-duty officers","url":"\/15.2-1712\/","token":"15.2\/II\/17\/1\/15.2-1712","metadata":false},{"id":77061,"structure_id":13483,"section_number":"15.2-1713","catch_line":"Localities authorized to offer and pay rewards in felony and misdemeanor cases","url":"\/15.2-1713\/","token":"15.2\/II\/17\/1\/15.2-1713","metadata":false},{"id":87347,"structure_id":13483,"section_number":"15.2-1713.1","catch_line":"Local \"Crime Stoppers\" programs; confidentiality","url":"\/15.2-1713.1\/","token":"15.2\/II\/17\/1\/15.2-1713.1","metadata":false},{"id":60435,"structure_id":13483,"section_number":"15.2-1714","catch_line":"Establishing police lines, perimeters, or barricades","url":"\/15.2-1714\/","token":"15.2\/II\/17\/1\/15.2-1714","metadata":false},{"id":81983,"structure_id":13483,"section_number":"15.2-1715","catch_line":"Authority to declare Intensified Drug Enforcement Jurisdictions; expenditure of funds","url":"\/15.2-1715\/","token":"15.2\/II\/17\/1\/15.2-1715","metadata":false},{"id":73688,"structure_id":13483,"section_number":"15.2-1716","catch_line":"Reimbursement of expenses incurred in responding to DUI and related incidents","url":"\/15.2-1716\/","token":"15.2\/II\/17\/1\/15.2-1716","metadata":false},{"id":54447,"structure_id":13483,"section_number":"15.2-1716.1","catch_line":"Reimbursement of expenses incurred in responding to terrorism hoax incident, bomb threat, or malicious activation of fire alarm","url":"\/15.2-1716.1\/","token":"15.2\/II\/17\/1\/15.2-1716.1","metadata":false},{"id":61242,"structure_id":13483,"section_number":"15.2-1716.2","catch_line":"Methamphetamine lab cleanup costs; localities may charge for reimbursement","url":"\/15.2-1716.2\/","token":"15.2\/II\/17\/1\/15.2-1716.2","metadata":false},{"id":63062,"structure_id":13483,"section_number":"15.2-1717","catch_line":"Preventing interference with pupils at schools","url":"\/15.2-1717\/","token":"15.2\/II\/17\/1\/15.2-1717","metadata":false},{"id":75499,"structure_id":13483,"section_number":"15.2-1717.1","catch_line":"Designation of police to enforce trespass violations","url":"\/15.2-1717.1\/","token":"15.2\/II\/17\/1\/15.2-1717.1","metadata":false},{"id":86283,"structure_id":13483,"section_number":"15.2-1718","catch_line":"Receipt of missing child reports","url":"\/15.2-1718\/","token":"15.2\/II\/17\/1\/15.2-1718","metadata":false},{"id":82937,"structure_id":13483,"section_number":"15.2-1718.1","catch_line":"Receipt of missing senior adult reports","url":"\/15.2-1718.1\/","token":"15.2\/II\/17\/1\/15.2-1718.1","metadata":false},{"id":68631,"structure_id":13483,"section_number":"15.2-1718.2","catch_line":"Receipt of critically missing adult reports","url":"\/15.2-1718.2\/","token":"15.2\/II\/17\/1\/15.2-1718.2","metadata":false},{"id":85242,"structure_id":13483,"section_number":"15.2-1719","catch_line":"Disposal of unclaimed property in possession of sheriff or police","url":"\/15.2-1719\/","token":"15.2\/II\/17\/1\/15.2-1719","metadata":false},{"id":81997,"structure_id":13483,"section_number":"15.2-1720","catch_line":"Localities authorized to license bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices; disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices","url":"\/15.2-1720\/","token":"15.2\/II\/17\/1\/15.2-1720","metadata":false},{"id":77275,"structure_id":13483,"section_number":"15.2-1721","catch_line":"Disposal of unclaimed firearms or other weapons in possession of sheriff or police","url":"\/15.2-1721\/","token":"15.2\/II\/17\/1\/15.2-1721","metadata":false},{"id":61487,"structure_id":13483,"section_number":"15.2-1721.1","catch_line":"Acquisition of military property by localities","url":"\/15.2-1721.1\/","token":"15.2\/II\/17\/1\/15.2-1721.1","metadata":false},{"id":59331,"structure_id":13483,"section_number":"15.2-1722","catch_line":"Certain records to be kept by sheriffs and chiefs of police","url":"\/15.2-1722\/","token":"15.2\/II\/17\/1\/15.2-1722","metadata":false},{"id":67755,"structure_id":13483,"section_number":"15.2-1722.1","catch_line":"Prohibited practices; collection of data","url":"\/15.2-1722.1\/","token":"15.2\/II\/17\/1\/15.2-1722.1","metadata":false},{"id":70576,"structure_id":13483,"section_number":"15.2-1723","catch_line":"Validation of certain police forces","url":"\/15.2-1723\/","token":"15.2\/II\/17\/1\/15.2-1723","metadata":false},{"id":60551,"structure_id":13483,"section_number":"15.2-1723.1","catch_line":"Body-worn camera system","url":"\/15.2-1723.1\/","token":"15.2\/II\/17\/1\/15.2-1723.1","metadata":false},{"id":78195,"structure_id":13483,"section_number":"15.2-1723.2","catch_line":"(Effective July 1, 2026) Facial recognition technology; approval","url":"\/15.2-1723.2\/","token":"15.2\/II\/17\/1\/15.2-1723.2","metadata":false}],"previous_section":{"id":74490,"structure_id":13483,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","url":"\/15.2-1704\/","token":"15.2\/II\/17\/1\/15.2-1704","metadata":false},"next_section":{"id":85175,"structure_id":13483,"section_number":"15.2-1706","catch_line":"Certification through training required for all law-enforcement officers; waiver of requirements","url":"\/15.2-1706\/","token":"15.2\/II\/17\/1\/15.2-1706","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1705\/","history_text":"<p>This law was first created in 1982. The record of its establishment is cataloged in chapter 442 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. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 396; in 1994, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0850\">850<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0905\">905<\/a>; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0112\">112<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0307\">307<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0468\">468<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0084\">84<\/a>.<\/p>","references":[{"id":71325,"section_number":"10.1-120","catch_line":"Commissioning of Breaks Interstate Park Commission employees as conservation officers","order_by":null,"url":"\/10.1-120\/"},{"id":65104,"section_number":"15.2-1123.1","catch_line":"Lynchburg Regional Airport police department","order_by":null,"url":"\/15.2-1123.1\/"},{"id":59723,"section_number":"15.2-1615.1","catch_line":"Manner of payment of certain items in budgets of sheriffs","order_by":null,"url":"\/15.2-1615.1\/"},{"id":65694,"section_number":"15.2-1707","catch_line":"Decertification of law-enforcement officers and jail officers","order_by":null,"url":"\/15.2-1707\/"},{"id":71374,"section_number":"15.2-1709","catch_line":"Employer immunity from liability; disclosure of information regarding former deputy sheriffs and law-enforcement officers","order_by":null,"url":"\/15.2-1709\/"},{"id":68964,"section_number":"15.2-632","catch_line":"Department of public safety","order_by":null,"url":"\/15.2-632\/"},{"id":74453,"section_number":"15.2-836.1","catch_line":"Animal protection police officer","order_by":null,"url":"\/15.2-836.1\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"},{"id":79920,"section_number":"9.1-116.01","catch_line":"Universal certification for certain law-enforcement officers","order_by":null,"url":"\/9.1-116.01\/"}],"refers_to":[{"id":66060,"section_number":"18.2-371","catch_line":"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant","order_by":null,"url":"\/18.2-371\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":85076,"section_number":"18.2-96","catch_line":"Petit larceny defined; how punished","order_by":null,"url":"\/18.2-96\/"},{"id":60006,"section_number":"19.2-392.4","catch_line":"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments","order_by":null,"url":"\/19.2-392.4\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":153771,"object_type":"law","relational_id":78495,"identifier":"15.2-1705","token":"15.2\/II\/17\/1\/15.2-1705","url":"\/15.2-1705\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1705\/","token":"15.2\/II\/17\/1\/15.2-1705","dublin_core":{"Title":"Minimum qualifications; waiver","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1705","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The chief of police and all police officers of any <span class=\"dictionary\">locality<\/span>, all deputy sheriffs and jail officers in the Commonwealth, and all <span class=\"dictionary\">law<\/span>-enforcement officers as defined in &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Definitions\" href=\"\/9.1-101\/\">9.1-101<\/a> who enter upon the duties of such office after July 1, 1994, are required to meet the following minimum qualifications for office. Such person shall (i) be a citizen of the United States; (ii) be required to undergo a background investigation including fingerprint-based criminal history records inquiries to both the Central Criminal Records Exchange and the Federal Bureau of Investigation; (iii) have a high school education or have passed a high school equivalency examination approved by the Board of Education; (iv) possess a valid driver&#8217;s license if required by the duties of office to operate a motor vehicle; (v) undergo a physical examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed physician; (vi) be at least 18 years of age; (vii) not have been convicted of or pled guilty or no contest to a <span class=\"dictionary\">felony<\/span> or any <span class=\"dictionary\">offense<\/span> that would be a <span class=\"dictionary\">felony<\/span> if committed in the Commonwealth; and (viii) not have produced a positive result on a pre-employment drug screening, if such screening is required by the hiring <span class=\"dictionary\">law<\/span>-enforcement agency or jail, where the positive result cannot be explained to the <span class=\"dictionary\">law<\/span>-enforcement agency or jail administrator&#8217;s satisfaction. In addition, all such officers who enter upon the duties of such office on or after July 1, 2013, shall not have been convicted of or pled guilty or no contest to (a) any <span class=\"dictionary\">misdemeanor<\/span> involving <span class=\"dictionary\">moral turpitude<\/span>, including but not limited to petit <span class=\"dictionary\">larceny<\/span> under &#xA7; <a class=\"law\" title=\"Petit larceny defined; how punished\" href=\"\/18.2-96\/\">18.2-96<\/a>, or any <span class=\"dictionary\">offense<\/span> involving <span class=\"dictionary\">moral turpitude<\/span> that would be a <span class=\"dictionary\">misdemeanor<\/span> if committed in the Commonwealth; (b) any <span class=\"dictionary\">misdemeanor<\/span> sex <span class=\"dictionary\">offense<\/span> in the Commonwealth, another state, or the United States, including but not limited to sexual <span class=\"dictionary\">battery<\/span> under &#xA7; <a class=\"law\" title=\"Sexual battery\" href=\"\/18.2-67.4\/\">18.2-67.4<\/a> or consensual sexual intercourse with a <span class=\"dictionary\">minor<\/span> 15 years of age or older under clause (ii) of &#xA7; <a class=\"law\" title=\"Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant\" href=\"\/18.2-371\/\">18.2-371<\/a>; or (c) domestic <span class=\"dictionary\">assault<\/span> under &#xA7; <a class=\"law\" title=\"Assault and battery against a family or household member; penalty\" href=\"\/18.2-57.2\/\">18.2-57.2<\/a> or any <span class=\"dictionary\">offense<\/span> that would be domestic <span class=\"dictionary\">assault<\/span> under the <span class=\"dictionary\">laws<\/span> of another state or the United States. <a id=\"paragraph-281334\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1705\/#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> In addition, if the police officer, deputy sheriff, or jail officer had been employed at any time by another <span class=\"dictionary\">law<\/span>-enforcement agency or jail, the hiring <span class=\"dictionary\">law<\/span>-enforcement agency or jail shall request from all prior employing <span class=\"dictionary\">law<\/span>-enforcement agencies or jails any information (i) related to an <span class=\"dictionary\">arrest<\/span> or <span class=\"dictionary\">prosecution<\/span> of a former police officer, deputy sheriff, or jail officer, including any expunged <span class=\"dictionary\">arrest<\/span> or criminal charge known to the agency or disclosed during the hiring process that would otherwise be prohibited from disclosure in accordance with &#xA7; <a class=\"law\" title=\"Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments\" href=\"\/19.2-392.4\/\">19.2-392.4<\/a>; (ii) related to a civil suit regarding a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s employment or performance of his duties; (iii) obtained during the course of any internal investigation related to a former police officer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct adopted by the Criminal Justice Services Board; and (iv) related to a former police officer, deputy sheriff, or jail officer&#8217;s job performance that led to such officer&#8217;s or deputy sheriff&#8217;s resignation, <span class=\"dictionary\">dismissal<\/span>, demotion, suspension, or transfer. The hiring agency or jail may request this information subsequent to a conditional offer of employment; however, no police officer, deputy sheriff, or jail officer may be employed in such position until the requested information is received from all prior employing <span class=\"dictionary\">law<\/span>-enforcement agencies in the Commonwealth. The hiring agency or jail shall request that the police officer, deputy sheriff, or jail officer complete a <span class=\"dictionary\">waiver<\/span> or release liability authorizing the hiring agency or jail to request such information as listed in this subsection from all prior employing <span class=\"dictionary\">law<\/span>-enforcement agencies or jails, including <span class=\"dictionary\">law<\/span>-enforcement agencies or jails located outside the Commonwealth. Any sheriff or chief of police in the Commonwealth, any director or chief executive of any <span class=\"dictionary\">law<\/span>-enforcement agency or jail in the Commonwealth, and the Director of the Department of Criminal Justice Services or his designee who receives such request for information shall disclose such requested information within 14 days of receiving such request to the requesting hiring <span class=\"dictionary\">law<\/span>-enforcement agency or jail. <a id=\"paragraph-281335\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1705\/#B\"><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> In addition, the hiring <span class=\"dictionary\">law<\/span>-enforcement agency or jail may require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist. <a id=\"paragraph-281336\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1705\/#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> Upon request of a sheriff or chief of police, or the director or chief executive of any agency or department employing <span class=\"dictionary\">law<\/span>-enforcement officers as defined in &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Definitions\" href=\"\/9.1-101\/\">9.1-101<\/a> or jail officers as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/53.1-1\/\">53.1-1<\/a>, the Department of Criminal Justice Services is hereby authorized to <span class=\"dictionary\">waive<\/span> the requirements for qualification as set out in subsection A for good cause shown. <a id=\"paragraph-281337\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1705\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMINIMUM QUALIFICATIONS; WAIVER (\u00a7 15.2-1705)\n\nA. The chief of police and all police officers of any locality, all deputy\nsheriffs and jail officers in the Commonwealth, and all law-enforcement officers\nas defined in &#xA7; 9.1-101 who enter upon the duties of such office after July\n1, 1994, are required to meet the following minimum qualifications for office.\nSuch person shall (i) be a citizen of the United States; (ii) be required to\nundergo a background investigation including fingerprint-based criminal history\nrecords inquiries to both the Central Criminal Records Exchange and the Federal\nBureau of Investigation; (iii) have a high school education or have passed a\nhigh school equivalency examination approved by the Board of Education; (iv)\npossess a valid driver&#8217;s license if required by the duties of office to\noperate a motor vehicle; (v) undergo a physical examination, subsequent to a\nconditional offer of employment, conducted under the supervision of a licensed\nphysician; (vi) be at least 18 years of age; (vii) not have been convicted of or\npled guilty or no contest to a felony or any offense that would be a felony if\ncommitted in the Commonwealth; and (viii) not have produced a positive result on\na pre-employment drug screening, if such screening is required by the hiring\nlaw-enforcement agency or jail, where the positive result cannot be explained to\nthe law-enforcement agency or jail administrator&#8217;s satisfaction. In\naddition, all such officers who enter upon the duties of such office on or after\nJuly 1, 2013, shall not have been convicted of or pled guilty or no contest to\n(a) any misdemeanor involving moral turpitude, including but not limited to\npetit larceny under &#xA7; 18.2-96, or any offense involving moral turpitude\nthat would be a misdemeanor if committed in the Commonwealth; (b) any\nmisdemeanor sex offense in the Commonwealth, another state, or the United\nStates, including but not limited to sexual battery under &#xA7; 18.2-67.4 or\nconsensual sexual intercourse with a minor 15 years of age or older under clause\n(ii) of &#xA7; 18.2-371; or (c) domestic assault under &#xA7; 18.2-57.2 or any\noffense that would be domestic assault under the laws of another state or the\nUnited States.\n\nB. In addition, if the police officer, deputy sheriff, or jail officer had been\nemployed at any time by another law-enforcement agency or jail, the hiring\nlaw-enforcement agency or jail shall request from all prior employing\nlaw-enforcement agencies or jails any information (i) related to an arrest or\nprosecution of a former police officer, deputy sheriff, or jail officer,\nincluding any expunged arrest or criminal charge known to the agency or\ndisclosed during the hiring process that would otherwise be prohibited from\ndisclosure in accordance with &#xA7; 19.2-392.4; (ii) related to a civil suit\nregarding a former police officer&#8217;s, deputy sheriff&#8217;s, or jail\nofficer&#8217;s employment or performance of his duties; (iii) obtained during\nthe course of any internal investigation related to a former police\nofficer&#8217;s, deputy sheriff&#8217;s, or jail officer&#8217;s alleged\ncriminal conduct, use of excessive force, or other official misconduct in\nviolation of the state professional standards of conduct adopted by the Criminal\nJustice Services Board; and (iv) related to a former police officer, deputy\nsheriff, or jail officer&#8217;s job performance that led to such\nofficer&#8217;s or deputy sheriff&#8217;s resignation, dismissal, demotion,\nsuspension, or transfer. The hiring agency or jail may request this information\nsubsequent to a conditional offer of employment; however, no police officer,\ndeputy sheriff, or jail officer may be employed in such position until the\nrequested information is received from all prior employing law-enforcement\nagencies in the Commonwealth. The hiring agency or jail shall request that the\npolice officer, deputy sheriff, or jail officer complete a waiver or release\nliability authorizing the hiring agency or jail to request such information as\nlisted in this subsection from all prior employing law-enforcement agencies or\njails, including law-enforcement agencies or jails located outside the\nCommonwealth. Any sheriff or chief of police in the Commonwealth, any director\nor chief executive of any law-enforcement agency or jail in the Commonwealth,\nand the Director of the Department of Criminal Justice Services or his designee\nwho receives such request for information shall disclose such requested\ninformation within 14 days of receiving such request to the requesting hiring\nlaw-enforcement agency or jail.\n\nC. In addition, the hiring law-enforcement agency or jail may require a\ncandidate for employment to undergo a psychological examination, subsequent to a\nconditional offer of employment, conducted under the supervision of a licensed\npsychiatrist or a licensed clinical psychologist.\n\nD. Upon request of a sheriff or chief of police, or the director or chief\nexecutive of any agency or department employing law-enforcement officers as\ndefined in &#xA7; 9.1-101 or jail officers as defined in &#xA7; 53.1-1, the\nDepartment of Criminal Justice Services is hereby authorized to waive the\nrequirements for qualification as set out in subsection A for good cause shown.\n\nHISTORY: 1982, c. 442, \u00a7 15.1-131.8; 1988, c. 396; 1994, cc. 850, 905; 1995, c.\n112; 1997, c. 587; 2013, cc. 307, 468; 2014, c. 84; 2020, Sp. Sess. I, cc. 32,\n37, 48.","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}}