{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1708.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1708.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1708.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1708.html"}],"law_id":69038,"edition_id":1,"section_id":69038,"structure_id":13483,"section_number":"15.2-1708","catch_line":"Notice of decertification; decertification review process","history":"1994, cc. 850, 905, \u00a7 15.1-131.8:3; 1995, c. 112; 1997, c. 587; 2024, c. 494.","full_text":"A\n\nService of notice. The Board shall, within 10 days of decertification, serve notice upon a decertified officer, in person or by certified mail or trackable courier service with signature requirement, and upon the law-enforcement or jail agency employing said officer, by certified mail or trackable courier service with signature requirement, specifying the action taken and remedies available. The Board shall stay final action until the period for requesting a review of the decertification expires.B\n\nDecertification review process. Any decertified law-enforcement or jail officer may, within 30 days of receipt of notice served by the Board, request, by certified mail or trackable courier service with signature requirement, review of his decertification, which shall be granted by the Board. Upon receipt of such request, the Board shall request the Department of Criminal Justice Services (the Department) to initiate a review of the decertification pursuant to the authority conferred in subdivisions 36 and 61 of § 9.1-102 and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) within 90 days and serve notice by certified mail or trackable courier service with signature requirement upon the decertified officer. The decertified officer may be represented by counsel at all stages of the decertification review process. The former employing agency shall have a representative present at all stages of the decertification review process. In the absence of a request for review, decertification shall, without further proceedings, become final 30 days after the initial notice has been served on the decertified officer in person or by certified mail or trackable courier service with signature requirement.C\n\n1. Upon motion by the decertified officer or his counsel or the Attorney General, the Department may grant a continuance of any informal fact-finding conference or formal hearing for good cause shown.2\n\nWhen an officer is decertified as a result of a termination or resignation related to a criminal charge that has not yet been adjudicated by a court and thereafter requests a review of his decertification, the Department may continue any informal fact-finding conference or formal hearing until the final disposition of the charge has been entered by the court hearing the criminal matter. Such officer shall remain decertified during such period of continuance unless the Department finds the officer’s continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer’s certification may be reinstated during the period of continuance until the conviction becomes final.3\n\nWhen an officer is decertified as a result of a misdemeanor conviction that has been appealed to a court of record and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after the matter has been adjudicated by such court of record. Such officer shall remain decertified during such period of continuance.4\n\nWhen an officer is decertified as a result of any provision of clauses (ii) through (v) of subsection B of § 15.2-1707 and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after all grievances or appeals have been exhausted or waived and the employing agency’s finding of misconduct is final. Such officer shall remain decertified during such period of continuance.D\n\nThe findings and decision of the Department’s decertification review may be appealed to the Criminal Justice Services Board (the Board) within 30 days of the decertified officer’s receipt of notice of the Department’s decision served by the Department. The final administrative decision of the Board’s decertification review may be appealed pursuant to § 2.2-4026 of the Code of Virginia.E\n\nReinstatement after decertification. Any decertified officer may, after a period of not less than five years after the date on which a final decision is made, petition the Board to be considered for reinstatement of certification.F\n\nRelated records provided to the Board or the Department for the purposes of decertification of an identifiable law-enforcement or jail officer or the decertification review process for that identifiable law-enforcement or jail officer shall not be disclosed by the Board or the Department pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","order_by":null,"text":{"0":{"id":249909,"text":"Service of notice. The Board shall, within 10 days of decertification, serve notice upon a decertified officer, in person or by certified mail or trackable courier service with signature requirement, and upon the law-enforcement or jail agency employing said officer, by certified mail or trackable courier service with signature requirement, specifying the action taken and remedies available. The Board shall stay final action until the period for requesting a review of the decertification expires.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249910,"text":"Decertification review process. Any decertified law-enforcement or jail officer may, within 30 days of receipt of notice served by the Board, request, by certified mail or trackable courier service with signature requirement, review of his decertification, which shall be granted by the Board. Upon receipt of such request, the Board shall request the Department of Criminal Justice Services (the Department) to initiate a review of the decertification pursuant to the authority conferred in subdivisions 36 and 61 of § 9.1-102 and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) within 90 days and serve notice by certified mail or trackable courier service with signature requirement upon the decertified officer. The decertified officer may be represented by counsel at all stages of the decertification review process. The former employing agency shall have a representative present at all stages of the decertification review process. In the absence of a request for review, decertification shall, without further proceedings, become final 30 days after the initial notice has been served on the decertified officer in person or by certified mail or trackable courier service with signature requirement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249911,"text":"1. Upon motion by the decertified officer or his counsel or the Attorney General, the Department may grant a continuance of any informal fact-finding conference or formal hearing for good cause shown.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":249912,"text":"When an officer is decertified as a result of a termination or resignation related to a criminal charge that has not yet been adjudicated by a court and thereafter requests a review of his decertification, the Department may continue any informal fact-finding conference or formal hearing until the final disposition of the charge has been entered by the court hearing the criminal matter. Such officer shall remain decertified during such period of continuance unless the Department finds the officer’s continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer’s certification may be reinstated during the period of continuance until the conviction becomes final.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":249913,"text":"When an officer is decertified as a result of a misdemeanor conviction that has been appealed to a court of record and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after the matter has been adjudicated by such court of record. Such officer shall remain decertified during such period of continuance.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"5":{"id":249914,"text":"When an officer is decertified as a result of any provision of clauses (ii) through (v) of subsection B of § 15.2-1707 and thereafter requests review of his decertification, any informal fact-finding conference or formal hearing shall be continued until after all grievances or appeals have been exhausted or waived and the employing agency’s finding of misconduct is final. Such officer shall remain decertified during such period of continuance.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"6":{"id":249915,"text":"The findings and decision of the Department’s decertification review may be appealed to the Criminal Justice Services Board (the Board) within 30 days of the decertified officer’s receipt of notice of the Department’s decision served by the Department. The final administrative decision of the Board’s decertification review may be appealed pursuant to § 2.2-4026 of the Code of Virginia.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"E"},"7":{"id":249916,"text":"Reinstatement after decertification. Any decertified officer may, after a period of not less than five years after the date on which a final decision is made, petition the Board to be considered for reinstatement of certification.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":249917,"text":"Related records provided to the Board or the Department for the purposes of decertification of an identifiable law-enforcement or jail officer or the decertification review process for that identifiable law-enforcement or jail officer shall not be disclosed by the Board or the Department pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1708\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 850<\/a> and 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 3 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 112<\/a>; in 1997, chapter 587<\/a>; in 2024, chapter 494<\/a>.<\/p>","references":[{"id":65104,"section_number":"15.2-1123.1","catch_line":"Lynchburg Regional Airport police department","order_by":null,"url":"\/15.2-1123.1\/"},{"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":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\/"}],"refers_to":[{"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":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":76087,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","order_by":null,"url":"\/2.2-4026\/"},{"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\/"}],"permalink":{"id":153783,"object_type":"law","relational_id":69038,"identifier":"15.2-1708","token":"15.2\/II\/17\/1\/15.2-1708","url":"\/15.2-1708\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1708\/","token":"15.2\/II\/17\/1\/15.2-1708","dublin_core":{"Title":"Notice of decertification; decertification review process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1708","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Service of notice. The Board shall, within 10 days of decertification, serve notice upon a decertified officer, in person or by certified mail or trackable courier service with signature requirement, and upon the law<\/span>-enforcement or jail agency employing said officer, by certified mail or trackable courier service with signature requirement, specifying the action taken and remedies available. The Board shall stay<\/span> final action until the period for requesting a review of the decertification expires. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Decertification review process. Any decertified law<\/span>-enforcement or jail officer may, within 30 days of receipt of notice served by the Board, request, by certified mail or trackable courier service with signature requirement, review of his decertification, which shall be granted by the Board. Upon receipt of such request, the Board shall request the Department of Criminal Justice Services (the Department) to initiate a review of the decertification pursuant to the authority conferred in subdivisions 36 and 61 of § 9.1-102<\/a> and in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) within 90 days and serve notice by certified mail or trackable courier service with signature requirement upon the decertified officer. The decertified officer may be represented by counsel<\/span> at all stages of the decertification review process. The former employing agency shall have a representative present at all stages of the decertification review process. In the absence of a request for review, decertification shall, without further proceedings, become final 30 days after the initial notice has been served on the decertified officer in person or by certified mail or trackable courier service with signature requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Upon motion<\/span> by the decertified officer or his counsel<\/span> or the Attorney General<\/span>, the Department may grant a continuance<\/span> of any informal fact<\/span>-finding<\/span> conference or formal hearing<\/span> for good cause shown. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When an officer is decertified as a result of a termination or resignation related to a criminal charge that has not yet been adjudicated by a court<\/span> and thereafter requests a review of his decertification, the Department may continue any informal fact<\/span>-finding<\/span> conference or formal hearing<\/span> until the final disposition<\/span> of the charge has been entered by the court<\/span> hearing<\/span> the criminal matter. Such officer shall remain decertified during such period of continuance<\/span> unless the Department finds the officer’s continued decertification may cause circumstances that constitute a manifest injustice to the officer, in which case the officer’s certification may be reinstated during the period of continuance<\/span> until the conviction<\/span> becomes final. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> When an officer is decertified as a result of a misdemeanor<\/span> conviction<\/span> that has been appealed to a court<\/span> of record and thereafter requests review of his decertification, any informal fact<\/span>-finding<\/span> conference or formal hearing<\/span> shall be continued until after the matter has been adjudicated by such court<\/span> of record. Such officer shall remain decertified during such period of continuance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> When an officer is decertified as a result of any provision of clauses (ii) through (v) of subsection B of § 15.2-1707<\/a> and thereafter requests review of his decertification, any informal fact<\/span>-finding<\/span> conference or formal hearing<\/span> shall be continued until after all grievances or appeals<\/span> have been exhausted or waived and the employing agency’s finding<\/span> of misconduct is final. Such officer shall remain decertified during such period of continuance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The findings<\/span> and decision of the Department’s decertification review may be appealed to the Criminal Justice Services Board (the Board) within 30 days of the decertified officer’s receipt of notice of the Department’s decision served by the Department. The final administrative decision of the Board’s decertification review may be appealed pursuant to § 2.2-4026<\/a> of the Code of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Reinstatement after decertification. Any decertified officer may, after a period of not less than five years after the date on which a final decision is made, petition<\/span> the Board to be considered for reinstatement of certification. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Related records provided to the Board or the Department for the purposes of decertification of an identifiable law<\/span>-enforcement or jail officer or the decertification review process for that identifiable law<\/span>-enforcement or jail officer shall not be disclosed by the Board or the Department pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF DECERTIFICATION; DECERTIFICATION REVIEW PROCESS (\u00a7 15.2-1708)\n\nA. Service of notice. The Board shall, within 10 days of decertification, serve\nnotice upon a decertified officer, in person or by certified mail or trackable\ncourier service with signature requirement, and upon the law-enforcement or jail\nagency employing said officer, by certified mail or trackable courier service\nwith signature requirement, specifying the action taken and remedies available.\nThe Board shall stay final action until the period for requesting a review of\nthe decertification expires.\n\nB. Decertification review process. Any decertified law-enforcement or jail\nofficer may, within 30 days of receipt of notice served by the Board, request,\nby certified mail or trackable courier service with signature requirement,\nreview of his decertification, which shall be granted by the Board. Upon receipt\nof such request, the Board shall request the Department of Criminal Justice\nServices (the Department) to initiate a review of the decertification pursuant\nto the authority conferred in subdivisions 36 and 61 of § 9.1-102 and in\naccordance with the provisions of the Administrative Process Act (§\n2.2-4000 et seq.) within 90 days and serve notice by certified mail or trackable\ncourier service with signature requirement upon the decertified officer. The\ndecertified officer may be represented by counsel at all stages of the\ndecertification review process. The former employing agency shall have a\nrepresentative present at all stages of the decertification review process. In\nthe absence of a request for review, decertification shall, without further\nproceedings, become final 30 days after the initial notice has been served on\nthe decertified officer in person or by certified mail or trackable courier\nservice with signature requirement.\n\nC. 1. Upon motion by the decertified officer or his counsel or the Attorney\nGeneral, the Department may grant a continuance of any informal fact-finding\nconference or formal hearing for good cause shown.\n\n 2. When an officer is decertified as a result of a termination or resignation\n related to a criminal charge that has not yet been adjudicated by a court and\n thereafter requests a review of his decertification, the Department may\n continue any informal fact-finding conference or formal hearing until the\n final disposition of the charge has been entered by the court hearing the\n criminal matter. Such officer shall remain decertified during such period of\n continuance unless the Department finds the officer’s continued\n decertification may cause circumstances that constitute a manifest injustice\n to the officer, in which case the officer’s certification may be\n reinstated during the period of continuance until the conviction becomes\n final.\n\n 3. When an officer is decertified as a result of a misdemeanor conviction that\n has been appealed to a court of record and thereafter requests review of his\n decertification, any informal fact-finding conference or formal hearing shall\n be continued until after the matter has been adjudicated by such court of\n record. Such officer shall remain decertified during such period of\n continuance.\n\n 4. When an officer is decertified as a result of any provision of clauses (ii)\n through (v) of subsection B of § 15.2-1707 and thereafter requests review\n of his decertification, any informal fact-finding conference or formal hearing\n shall be continued until after all grievances or appeals have been exhausted\n or waived and the employing agency’s finding of misconduct is final.\n Such officer shall remain decertified during such period of continuance.\n\nD. The findings and decision of the Department’s decertification review\nmay be appealed to the Criminal Justice Services Board (the Board) within 30\ndays of the decertified officer’s receipt of notice of the\nDepartment’s decision served by the Department. The final administrative\ndecision of the Board’s decertification review may be appealed pursuant to\n§ 2.2-4026 of the Code of Virginia.\n\nE. Reinstatement after decertification. Any decertified officer may, after a\nperiod of not less than five years after the date on which a final decision is\nmade, petition the Board to be considered for reinstatement of certification.\n\nF. Related records provided to the Board or the Department for the purposes of\ndecertification of an identifiable law-enforcement or jail officer or the\ndecertification review process for that identifiable law-enforcement or jail\nofficer shall not be disclosed by the Board or the Department pursuant to the\nVirginia Freedom of Information Act (§ 2.2-3700 et seq.).\n\nHISTORY: 1994, cc. 850, 905, \u00a7 15.1-131.8:3; 1995, c. 112; 1997, c. 587; 2024,\nc. 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}}