{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-388.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-388.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-388.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-388.1.html"}],"law_id":57466,"edition_id":1,"section_id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","history":"2019, c. 620.","full_text":"A\n\nThe Department of State Police (the Department) shall accept requests for background checks through the use of a Live Scan device certified by the Federal Bureau of Investigation by any agency or organization located within the Commonwealth that (i) is authorized to receive criminal history record information pursuant to § 19.2-392.02 and (ii) utilizes a fingerprint background check as a condition of licensure, certification, employment, or volunteer service. Any such agency or organization transmitting requests for background checks to the Department pursuant to this section shall be responsible for all costs associated with capturing, formatting, encrypting, and transmitting all required information in a manner prescribed by the Department.B\n\nThe Department shall only provide the criminal history record information to the extent authorized by state or federal law, rules, and regulations. The Department may deny any such agency or organization access to criminal history record information if the Department finds that such agency or organization has failed to comply with state or federal law, rules, or regulations.C\n\nParticipating agencies or organizations shall be required to enter into an agreement with the Department for the purposes of carrying out this section and may be required to submit other information or forms as prescribed by the Department.","order_by":null,"text":{"0":{"id":210549,"text":"The Department of State Police (the Department) shall accept requests for background checks through the use of a Live Scan device certified by the Federal Bureau of Investigation by any agency or organization located within the Commonwealth that (i) is authorized to receive criminal history record information pursuant to § 19.2-392.02 and (ii) utilizes a fingerprint background check as a condition of licensure, certification, employment, or volunteer service. Any such agency or organization transmitting requests for background checks to the Department pursuant to this section shall be responsible for all costs associated with capturing, formatting, encrypting, and transmitting all required information in a manner prescribed by the Department.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210550,"text":"The Department shall only provide the criminal history record information to the extent authorized by state or federal law, rules, and regulations. The Department may deny any such agency or organization access to criminal history record information if the Department finds that such agency or organization has failed to comply with state or federal law, rules, or regulations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210551,"text":"Participating agencies or organizations shall be required to enter into an agreement with the Department for the purposes of carrying out this section and may be required to submit other information or forms as prescribed by the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","url":"\/19.2-387\/","token":"19.2\/23\/19.2-387","metadata":false},{"id":86405,"structure_id":15051,"section_number":"19.2-387.1","catch_line":"Protective Order Registry; maintenance; access","url":"\/19.2-387.1\/","token":"19.2\/23\/19.2-387.1","metadata":false},{"id":64486,"structure_id":15051,"section_number":"19.2-387.2","catch_line":"National Crime Prevention and Privacy Compact of 1998","url":"\/19.2-387.2\/","token":"19.2\/23\/19.2-387.2","metadata":false},{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},{"id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","metadata":false},{"id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","metadata":false},{"id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","metadata":false},{"id":63594,"structure_id":15051,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","url":"\/19.2-389.1\/","token":"19.2\/23\/19.2-389.1","metadata":false},{"id":58752,"structure_id":15051,"section_number":"19.2-389.2","catch_line":"Background checks of applicants of the Metropolitan Washington Airports Authority","url":"\/19.2-389.2\/","token":"19.2\/23\/19.2-389.2","metadata":false},{"id":64557,"structure_id":15051,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","metadata":false},{"id":82582,"structure_id":15051,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","url":"\/19.2-390\/","token":"19.2\/23\/19.2-390","metadata":false},{"id":79559,"structure_id":15051,"section_number":"19.2-390.01","catch_line":"Use of Virginia crime code references required","url":"\/19.2-390.01\/","token":"19.2\/23\/19.2-390.01","metadata":false},{"id":80326,"structure_id":15051,"section_number":"19.2-390.02","catch_line":"Policies and procedures for law enforcement to conduct in-person and photo lineups","url":"\/19.2-390.02\/","token":"19.2\/23\/19.2-390.02","metadata":false},{"id":72817,"structure_id":15051,"section_number":"19.2-390.03","catch_line":"Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange","url":"\/19.2-390.03\/","token":"19.2\/23\/19.2-390.03","metadata":false},{"id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; recording","url":"\/19.2-390.04\/","token":"19.2\/23\/19.2-390.04","metadata":false},{"id":78107,"structure_id":15051,"section_number":"19.2-390.1","catch_line":"Sex Offender and Crimes Against Minors Registry; maintenance; access","url":"\/19.2-390.1\/","token":"19.2\/23\/19.2-390.1","metadata":false},{"id":63898,"structure_id":15051,"section_number":"19.2-390.2","catch_line":"Repealed","url":"\/19.2-390.2\/","token":"19.2\/23\/19.2-390.2","metadata":false},{"id":71334,"structure_id":15051,"section_number":"19.2-390.3","catch_line":"Child Pornography Registry; maintenance; access; required information","url":"\/19.2-390.3\/","token":"19.2\/23\/19.2-390.3","metadata":false},{"id":57371,"structure_id":15051,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","url":"\/19.2-391\/","token":"19.2\/23\/19.2-391","metadata":false},{"id":80211,"structure_id":15051,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","url":"\/19.2-392\/","token":"19.2\/23\/19.2-392","metadata":false},{"id":59254,"structure_id":15051,"section_number":"19.2-392.01","catch_line":"Judges may require taking of fingerprints and photographs in certain misdemeanor cases","url":"\/19.2-392.01\/","token":"19.2\/23\/19.2-392.01","metadata":false},{"id":61280,"structure_id":15051,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","url":"\/19.2-392.02\/","token":"19.2\/23\/19.2-392.02","metadata":false}],"previous_section":{"id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","metadata":false},"next_section":{"id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-388.1\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 620<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"}],"permalink":{"id":170427,"object_type":"law","relational_id":57466,"identifier":"19.2-388.1","token":"19.2\/23\/19.2-388.1","url":"\/19.2-388.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","dublin_core":{"Title":"Fingerprints submitted by Live Scan device","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-388.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department of State Police (the Department) shall accept requests for background checks through the use of a Live Scan device certified by the Federal Bureau of Investigation by any agency or organization located within the Commonwealth that (i) is authorized to receive criminal history record information pursuant to § 19.2-392.02<\/a> and (ii) utilizes a fingerprint background check as a condition of licensure, certification, employment, or volunteer service. Any such agency or organization transmitting requests for background checks to the Department pursuant to this section shall be responsible for all costs associated with capturing, formatting, encrypting, and transmitting all required information in a manner prescribed by the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department shall only provide the criminal history record information to the extent authorized by state or federal law<\/span>, rules, and regulations. The Department may deny any such agency or organization access to criminal history record information if the Department finds that such agency or organization has failed to comply with state or federal law<\/span>, rules, or regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Participating agencies or organizations shall be required to enter into an agreement with the Department for the purposes of carrying out this section and may be required to submit other information or forms as prescribed by the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINGERPRINTS SUBMITTED BY LIVE SCAN DEVICE (\u00a7 19.2-388.1)\n\nA. The Department of State Police (the Department) shall accept requests for\nbackground checks through the use of a Live Scan device certified by the Federal\nBureau of Investigation by any agency or organization located within the\nCommonwealth that (i) is authorized to receive criminal history record\ninformation pursuant to § 19.2-392.02 and (ii) utilizes a fingerprint\nbackground check as a condition of licensure, certification, employment, or\nvolunteer service. Any such agency or organization transmitting requests for\nbackground checks to the Department pursuant to this section shall be\nresponsible for all costs associated with capturing, formatting, encrypting, and\ntransmitting all required information in a manner prescribed by the Department.\n\nB. The Department shall only provide the criminal history record information to\nthe extent authorized by state or federal law, rules, and regulations. The\nDepartment may deny any such agency or organization access to criminal history\nrecord information if the Department finds that such agency or organization has\nfailed to comply with state or federal law, rules, or regulations.\n\nC. Participating agencies or organizations shall be required to enter into an\nagreement with the Department for the purposes of carrying out this section and\nmay be required to submit other information or forms as prescribed by the\nDepartment.\n\nHISTORY: 2019, c. 620.","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}}