{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1707.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1707.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1707.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1707.html"}],"law_id":65694,"edition_id":1,"section_id":65694,"structure_id":13483,"section_number":"15.2-1707","catch_line":"Decertification of law-enforcement officers and jail officers","history":"1994, cc. 850, 905, \u00a7 15.1-131.8:2; 1995, c. 112; 1997, c. 587; 2013, cc. 307, 468; 2017, c. 496; 2020, Sp. Sess. I, cc. 27, 37; 2024, c. 494.","full_text":"A\n\nThe sheriff, chief of police, or agency administrator or their designee shall notify the Criminal Justice Services Board (the Board) in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has (i) 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; (ii) been convicted of or pled guilty or no contest to a Class 1 misdemeanor involving moral turpitude or any offense that would be 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; (iii) been convicted of or pled guilty or no contest to 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; (iv) been convicted of or pled guilty or no contest to 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; (v) failed to comply with or maintain compliance with mandated training requirements; or (vi) refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing agency, where the positive result cannot be explained to the agency administrator&#8217;s satisfaction.B\n\nThe sheriff, chief of police, or agency administrator or their designee shall notify the Board in writing if any certified law-enforcement or jail officer currently employed by his agency (i) is terminated or resigns in advance of being convicted or found guilty of an offense set forth in clause (i) of subsection A that requires decertification, (ii) is terminated or resigns in advance of a pending drug screening, (iii) is terminated or resigns for a violation of state or federal law, including those instances when a prosecution for a violation of state or federal law is terminated as a result of such law-enforcement or jail officer resigning from his position, (iv) is terminated or resigns for engaging in serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (v) is terminated or resigns while such officer is the subject of a pending internal investigation involving serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (vi) is terminated or resigns for an act committed while in the performance of or in relation to his duties that compromises an officer&#8217;s credibility, integrity, or honesty, or (vii) is terminated or resigns for an act committed while in the performance of his duties that constitutes exculpatory or impeachment evidence in a criminal case. Such notification shall be given within 48 hours of a termination or resignation pursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of an internal investigation for a termination or resignation pursuant to clauses (iv) through (vii).C\n\nPersons currently in a recruit or field training status who have not completed all certification requirements, pursuant to &#xA7; 15.2-1705, and who have committed an act that would be any basis for decertification as set forth in subsection A or B shall be considered ineligible for certification and shall be considered decertified. The employing agency of such person shall notify the Board in accordance with subsection A or B.D\n\nThe notification, where appropriate, shall be accompanied by a copy of the judgment of conviction.E\n\nUpon receiving such notice from the sheriff, chief of police, or agency administrator or their designee, or from an attorney for the Commonwealth, the Board shall immediately decertify such law-enforcement or jail officer. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; 15.2-1708 or through the decertification review process in accordance with &#xA7; 15.2-1708.F\n\nThe Department of Criminal Justice Services is hereby authorized to waive the requirements for decertification as set out in subsection A or B for good cause shown.G\n\nThe Board may decertify a current or former law-enforcement or jail officer if the Board has found that any basis for the officer&#8217;s decertification set forth in subsection A or B exists. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; 15.2-1708 or through the decertification review process in accordance with &#xA7; 15.2-1708.","order_by":null,"text":{"0":{"id":238768,"text":"The sheriff, chief of police, or agency administrator or their designee shall notify the Criminal Justice Services Board (the Board) in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has (i) 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; (ii) been convicted of or pled guilty or no contest to a Class 1 misdemeanor involving moral turpitude or any offense that would be 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; (iii) been convicted of or pled guilty or no contest to 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; (iv) been convicted of or pled guilty or no contest to 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; (v) failed to comply with or maintain compliance with mandated training requirements; or (vi) refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing agency, where the positive result cannot be explained to the agency administrator&#8217;s satisfaction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238769,"text":"The sheriff, chief of police, or agency administrator or their designee shall notify the Board in writing if any certified law-enforcement or jail officer currently employed by his agency (i) is terminated or resigns in advance of being convicted or found guilty of an offense set forth in clause (i) of subsection A that requires decertification, (ii) is terminated or resigns in advance of a pending drug screening, (iii) is terminated or resigns for a violation of state or federal law, including those instances when a prosecution for a violation of state or federal law is terminated as a result of such law-enforcement or jail officer resigning from his position, (iv) is terminated or resigns for engaging in serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (v) is terminated or resigns while such officer is the subject of a pending internal investigation involving serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (vi) is terminated or resigns for an act committed while in the performance of or in relation to his duties that compromises an officer&#8217;s credibility, integrity, or honesty, or (vii) is terminated or resigns for an act committed while in the performance of his duties that constitutes exculpatory or impeachment evidence in a criminal case. Such notification shall be given within 48 hours of a termination or resignation pursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of an internal investigation for a termination or resignation pursuant to clauses (iv) through (vii).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238770,"text":"Persons currently in a recruit or field training status who have not completed all certification requirements, pursuant to &#xA7; 15.2-1705, and who have committed an act that would be any basis for decertification as set forth in subsection A or B shall be considered ineligible for certification and shall be considered decertified. The employing agency of such person shall notify the Board in accordance with subsection A or B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238771,"text":"The notification, where appropriate, shall be accompanied by a copy of the judgment of conviction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238772,"text":"Upon receiving such notice from the sheriff, chief of police, or agency administrator or their designee, or from an attorney for the Commonwealth, the Board shall immediately decertify such law-enforcement or jail officer. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; 15.2-1708 or through the decertification review process in accordance with &#xA7; 15.2-1708.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238773,"text":"The Department of Criminal Justice Services is hereby authorized to waive the requirements for decertification as set out in subsection A or B for good cause shown.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":238774,"text":"The Board may decertify a current or former law-enforcement or jail officer if the Board has found that any basis for the officer&#8217;s decertification set forth in subsection A or B exists. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; 15.2-1708 or through the decertification review process in accordance with &#xA7; 15.2-1708.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1707\/","history_text":"<p>This law was first created in 1994. The record of its establishment is cataloged in 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> 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. It has been modified 5 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 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 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0496\">496<\/a>; in 2024, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0494\">494<\/a>.<\/p>","references":[{"id":69038,"section_number":"15.2-1708","catch_line":"Notice of decertification; decertification review process","order_by":null,"url":"\/15.2-1708\/"},{"id":54247,"section_number":"18.2-474.2","catch_line":"Bribery in correctional facilities; penalty","order_by":null,"url":"\/18.2-474.2\/"},{"id":61352,"section_number":"19.2-83.7","catch_line":"Penalties for violations of this chapter","order_by":null,"url":"\/19.2-83.7\/"},{"id":84664,"section_number":"52-9.1:1","catch_line":"Retired and former law-enforcement officers; retention of badge","order_by":null,"url":"\/52-9.1_1\/"},{"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\/"}],"refers_to":[{"id":78495,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","order_by":null,"url":"\/15.2-1705\/"},{"id":69038,"section_number":"15.2-1708","catch_line":"Notice of decertification; decertification review process","order_by":null,"url":"\/15.2-1708\/"},{"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\/"}],"permalink":{"id":153779,"object_type":"law","relational_id":65694,"identifier":"15.2-1707","token":"15.2\/II\/17\/1\/15.2-1707","url":"\/15.2-1707\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1707\/","token":"15.2\/II\/17\/1\/15.2-1707","dublin_core":{"Title":"Decertification of law-enforcement officers and jail officers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1707","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The sheriff, chief of police, or agency administrator or their designee shall notify the Criminal Justice Services Board (the Board) in writing within 48 hours of becoming aware that any certified <span class=\"dictionary\">law<\/span>-enforcement or jail officer currently employed by his agency has (i) 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; (ii) been convicted of or pled guilty or no contest to a Class 1 <span class=\"dictionary\">misdemeanor<\/span> involving <span class=\"dictionary\">moral turpitude<\/span> or any <span class=\"dictionary\">offense<\/span> that would be 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; (iii) been convicted of or pled guilty or no contest to 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>; (iv) been convicted of or pled guilty or no contest to 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; (v) failed to comply with or maintain compliance with mandated training requirements; or (vi) refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing agency, where the positive result cannot be explained to the agency administrator&#8217;s satisfaction. <a id=\"paragraph-238768\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#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> The sheriff, chief of police, or agency administrator or their designee shall notify the Board in writing if any certified <span class=\"dictionary\">law<\/span>-enforcement or jail officer currently employed by his agency (i) is terminated or resigns in advance of being convicted or found guilty of an <span class=\"dictionary\">offense<\/span> set forth in clause (i) of subsection A that requires decertification, (ii) is terminated or resigns in advance of a pending drug screening, (iii) is terminated or resigns for a violation of state or federal <span class=\"dictionary\">law<\/span>, including those instances when a <span class=\"dictionary\">prosecution<\/span> for a violation of state or federal <span class=\"dictionary\">law<\/span> is terminated as a result of such <span class=\"dictionary\">law<\/span>-enforcement or jail officer resigning from his position, (iv) is terminated or resigns for engaging in serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (v) is terminated or resigns while such officer is the subject of a pending internal investigation involving serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (vi) is terminated or resigns for an act committed while in the performance of or in relation to his duties that compromises an officer&#8217;s credibility, integrity, or honesty, or (vii) is terminated or resigns for an act committed while in the performance of his duties that constitutes exculpatory or <span class=\"dictionary\">impeachment<\/span> <span class=\"dictionary\">evidence<\/span> in a criminal case. Such notification shall be given within 48 hours of a termination or resignation pursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of an internal investigation for a termination or resignation pursuant to clauses (iv) through (vii). <a id=\"paragraph-238769\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#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> Persons currently in a recruit or field training status who have not completed all certification requirements, pursuant to &#xA7; <a class=\"law\" title=\"Minimum qualifications; waiver\" href=\"\/15.2-1705\/\">15.2-1705<\/a>, and who have committed an act that would be any basis for decertification as set forth in subsection A or B shall be considered ineligible for certification and shall be considered decertified. The employing agency of such person shall notify the Board in accordance with subsection A or B. <a id=\"paragraph-238770\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#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> The notification, where appropriate, shall be accompanied by a copy of the <span class=\"dictionary\">judgment<\/span> of <span class=\"dictionary\">conviction<\/span>. <a id=\"paragraph-238771\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Upon receiving such notice from the sheriff, chief of police, or agency administrator or their designee, or from an attorney for the Commonwealth, the Board shall immediately decertify such <span class=\"dictionary\">law<\/span>-enforcement or jail officer. Such officer shall not have the right to serve as a <span class=\"dictionary\">law<\/span>-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; <a class=\"law\" title=\"Notice of decertification; decertification review process\" href=\"\/15.2-1708\/\">15.2-1708<\/a> or through the decertification review process in accordance with &#xA7; <a class=\"law\" title=\"Notice of decertification; decertification review process\" href=\"\/15.2-1708\/\">15.2-1708<\/a>. <a id=\"paragraph-238772\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The Department of Criminal Justice Services is hereby authorized to <span class=\"dictionary\">waive<\/span> the requirements for decertification as set out in subsection A or B for good cause shown. <a id=\"paragraph-238773\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The Board may decertify a current or former <span class=\"dictionary\">law<\/span>-enforcement or jail officer if the Board has found that any basis for the officer&#8217;s decertification set forth in subsection A or B exists. Such officer shall not have the right to serve as a <span class=\"dictionary\">law<\/span>-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of &#xA7; <a class=\"law\" title=\"Notice of decertification; decertification review process\" href=\"\/15.2-1708\/\">15.2-1708<\/a> or through the decertification review process in accordance with &#xA7; <a class=\"law\" title=\"Notice of decertification; decertification review process\" href=\"\/15.2-1708\/\">15.2-1708<\/a>. <a id=\"paragraph-238774\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-1707\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDECERTIFICATION OF LAW-ENFORCEMENT OFFICERS AND JAIL OFFICERS (\u00a7 15.2-1707)\n\nA. The sheriff, chief of police, or agency administrator or their designee shall\nnotify the Criminal Justice Services Board (the Board) in writing within 48\nhours of becoming aware that any certified law-enforcement or jail officer\ncurrently employed by his agency has (i) been convicted of or pled guilty or no\ncontest to a felony or any offense that would be a felony if committed in the\nCommonwealth; (ii) been convicted of or pled guilty or no contest to a Class 1\nmisdemeanor involving moral turpitude or any offense that would be any\nmisdemeanor involving moral turpitude, including but not limited to petit\nlarceny under &#xA7; 18.2-96, or any offense involving moral turpitude that\nwould be a misdemeanor if committed in the Commonwealth; (iii) been convicted of\nor pled guilty or no contest to any misdemeanor sex offense in the Commonwealth,\nanother state, or the United States, including but not limited to sexual battery\nunder &#xA7; 18.2-67.4 or consensual sexual intercourse with a minor 15 years of\nage or older under clause (ii) of &#xA7; 18.2-371; (iv) been convicted of or\npled guilty or no contest to 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; (v) failed to comply with or maintain compliance with mandated\ntraining requirements; or (vi) refused to submit to a drug screening or has\nproduced a positive result on a drug screening reported to the employing agency,\nwhere the positive result cannot be explained to the agency\nadministrator&#8217;s satisfaction.\n\nB. The sheriff, chief of police, or agency administrator or their designee shall\nnotify the Board in writing if any certified law-enforcement or jail officer\ncurrently employed by his agency (i) is terminated or resigns in advance of\nbeing convicted or found guilty of an offense set forth in clause (i) of\nsubsection A that requires decertification, (ii) is terminated or resigns in\nadvance of a pending drug screening, (iii) is terminated or resigns for a\nviolation of state or federal law, including those instances when a prosecution\nfor a violation of state or federal law is terminated as a result of such\nlaw-enforcement or jail officer resigning from his position, (iv) is terminated\nor resigns for engaging in serious misconduct as defined in statewide\nprofessional standards of conduct adopted by the Board, (v) is terminated or\nresigns while such officer is the subject of a pending internal investigation\ninvolving serious misconduct as defined in statewide professional standards of\nconduct adopted by the Board, (vi) is terminated or resigns for an act committed\nwhile in the performance of or in relation to his duties that compromises an\nofficer&#8217;s credibility, integrity, or honesty, or (vii) is terminated or\nresigns for an act committed while in the performance of his duties that\nconstitutes exculpatory or impeachment evidence in a criminal case. Such\nnotification shall be given within 48 hours of a termination or resignation\npursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of\nan internal investigation for a termination or resignation pursuant to clauses\n(iv) through (vii).\n\nC. Persons currently in a recruit or field training status who have not\ncompleted all certification requirements, pursuant to &#xA7; 15.2-1705, and who\nhave committed an act that would be any basis for decertification as set forth\nin subsection A or B shall be considered ineligible for certification and shall\nbe considered decertified. The employing agency of such person shall notify the\nBoard in accordance with subsection A or B.\n\nD. The notification, where appropriate, shall be accompanied by a copy of the\njudgment of conviction.\n\nE. Upon receiving such notice from the sheriff, chief of police, or agency\nadministrator or their designee, or from an attorney for the Commonwealth, the\nBoard shall immediately decertify such law-enforcement or jail officer. Such\nofficer shall not have the right to serve as a law-enforcement, jail, courthouse\nsecurity, or civil process officer within the Commonwealth until his\ncertification has been reinstated by the Board pursuant to subsection E of\n&#xA7; 15.2-1708 or through the decertification review process in accordance\nwith &#xA7; 15.2-1708.\n\nF. The Department of Criminal Justice Services is hereby authorized to waive the\nrequirements for decertification as set out in subsection A or B for good cause\nshown.\n\nG. The Board may decertify a current or former law-enforcement or jail officer\nif the Board has found that any basis for the officer&#8217;s decertification\nset forth in subsection A or B exists. Such officer shall not have the right to\nserve as a law-enforcement, jail, courthouse security, or civil process officer\nwithin the Commonwealth until his certification has been reinstated by the Board\npursuant to subsection E of &#xA7; 15.2-1708 or through the decertification\nreview process in accordance with &#xA7; 15.2-1708.\n\nHISTORY: 1994, cc. 850, 905, \u00a7 15.1-131.8:2; 1995, c. 112; 1997, c. 587; 2013,\ncc. 307, 468; 2017, c. 496; 2020, Sp. Sess. I, cc. 27, 37; 2024, c. 494.","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}}