{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-389.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-389.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-389.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-389.3.html"}],"law_id":64557,"edition_id":1,"section_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Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational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","history":"2020, cc. 1285, 1286; 2021 Sp. Sess. I, cc. 344, 345, 524, 542, 550, 551; 2023, cc. 554, 555; 2025, cc. 634 and 671, cl 11.","full_text":"A\n\nRecords relating to the arrest, criminal charge, or conviction of a person for a misdemeanor violation of § 18.2-248.1 or a violation of § 18.2-250.1, including any violation charged under §§ 18.2-248.1 or 18.2-250.1 that was deferred and dismissed pursuant to § 18.2-251, maintained in the Central Criminal Records Exchange shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated (i) to make the determination as provided in § 18.2-308.2:2 of eligibility to possess or purchase a firearm; (ii) to aid in the preparation of a pretrial investigation report prepared by a local pretrial services agency established pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9, a pre-sentence or post-sentence investigation report pursuant to § 19.2-299 or in the preparation of the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01; (iii) to aid local community-based probation services agencies established pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) with investigating or serving adult local-responsible offenders and all court service units serving juvenile delinquent offenders; (iv) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System computer; (v) to attorneys for the Commonwealth to secure information incidental to sentencing and to attorneys for the Commonwealth and probation officers to prepare the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01; (vi) to any full-time or part-time employee of the State Police, a police department, or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth, for purposes of the administration of criminal justice as defined in § 9.1-101; (vii) to the Virginia Criminal Sentencing Commission for research purposes; (viii) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time or part-time employment with the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (ix) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (x) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (xi) to the chief law-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; and (xii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration.B\n\nAn employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A.C\n\nAgencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant’s refusal to disclose information concerning any such arrest, criminal charge, or conviction.D\n\nA person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor for each violation.","order_by":null,"text":{"0":{"id":234936,"text":"Records relating to the arrest, criminal charge, or conviction of a person for a misdemeanor violation of § 18.2-248.1 or a violation of § 18.2-250.1, including any violation charged under §§ 18.2-248.1 or 18.2-250.1 that was deferred and dismissed pursuant to § 18.2-251, maintained in the Central Criminal Records Exchange shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated (i) to make the determination as provided in § 18.2-308.2:2 of eligibility to possess or purchase a firearm; (ii) to aid in the preparation of a pretrial investigation report prepared by a local pretrial services agency established pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9, a pre-sentence or post-sentence investigation report pursuant to § 19.2-299 or in the preparation of the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01; (iii) to aid local community-based probation services agencies established pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) with investigating or serving adult local-responsible offenders and all court service units serving juvenile delinquent offenders; (iv) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System computer; (v) to attorneys for the Commonwealth to secure information incidental to sentencing and to attorneys for the Commonwealth and probation officers to prepare the discretionary sentencing guidelines worksheets pursuant to subsection C of § 19.2-298.01; (vi) to any full-time or part-time employee of the State Police, a police department, or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth, for purposes of the administration of criminal justice as defined in § 9.1-101; (vii) to the Virginia Criminal Sentencing Commission for research purposes; (viii) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time or part-time employment with the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (ix) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; (x) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (xi) to the chief law-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance in accordance with §§ 15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5; and (xii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":234937,"text":"An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":234938,"text":"Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest, criminal charge, or conviction against him when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest, criminal charge, or conviction, include a reference to or information concerning any arrest, criminal charge, or conviction when the record relating to such arrest, criminal charge, or conviction is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant’s refusal to disclose information concerning any such arrest, criminal charge, or conviction.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":234939,"text":"A person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor for each violation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-389.3\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapters 1285<\/a> and 1286<\/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 2 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 2023, chapters 554<\/a> and 555<\/a>; in 2025, chapter 634<\/a>.<\/p>","references":false,"refers_to":[{"id":79703,"section_number":"15.2-1503.1","catch_line":"Background checks required for certain employees and licensees","order_by":null,"url":"\/15.2-1503.1\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":72485,"section_number":"18.2-250.1","catch_line":"Repealed","order_by":null,"url":"\/18.2-250.1\/"},{"id":68547,"section_number":"18.2-251","catch_line":"Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge","order_by":null,"url":"\/18.2-251\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"id":59283,"section_number":"19.2-152.2","catch_line":"Purpose; establishment of pretrial services and services agencies","order_by":null,"url":"\/19.2-152.2\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":75041,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","order_by":null,"url":"\/19.2-299\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":74243,"section_number":"32.1-111.5","catch_line":"Certification and recertification of emergency medical services providers; appeals process","order_by":null,"url":"\/32.1-111.5\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":170443,"object_type":"law","relational_id":64557,"identifier":"19.2-389.3","token":"19.2\/23\/19.2-389.3","url":"\/19.2-389.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","dublin_core":{"Title":"(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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-389.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Records relating to the arrest<\/span>, criminal charge, or conviction<\/span> of a person for a misdemeanor<\/span> violation of § 18.2-248.1<\/a> or a violation of § 18.2-250.1<\/a>, including any violation charged under §§ 18.2-248.1<\/a> or 18.2-250.1<\/a> that was deferred and dismissed pursuant to § 18.2-251<\/a>, maintained in the Central Criminal Records Exchange shall not be open for public inspection or otherwise disclosed, provided that such records may be disseminated (i) to make the determination as provided in § 18.2-308.2:2<\/a> of eligibility to possess or purchase a firearm; (ii) to aid in the preparation of a pretrial investigation report prepared by a local pretrial services<\/span> agency established pursuant to Article 5 (§ 19.2-152.2<\/a> et seq.) of Chapter 9, a pre-sentence or post-sentence investigation report pursuant to § 19.2-299<\/a> or in the preparation of the discretionary sentencing guidelines<\/span> worksheets pursuant to subsection C of § 19.2-298.01<\/a>; (iii) to aid local community-based probation services agencies established pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173<\/a> et seq.) with investigating or serving adult local-responsible offenders and all court<\/span> service units serving juvenile delinquent offenders; (iv) for fingerprint comparison utilizing the fingerprints maintained in the Automated Fingerprint Information System computer; (v) to attorneys for the Commonwealth to secure information incidental to sentencing and to attorneys for the Commonwealth and probation officers<\/span> to prepare the discretionary sentencing guidelines<\/span> worksheets pursuant to subsection C of § 19.2-298.01<\/a>; (vi) to any full-time or part-time employee of the State Police, a police department, or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime<\/span> and the enforcement of the penal, traffic, or highway laws<\/span> of the Commonwealth, for purposes of the administration of criminal justice as defined in § 9.1-101<\/a>; (vii) to the Virginia Criminal Sentencing Commission for research purposes; (viii) to any full-time or part-time employee of the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof for the purpose of screening any person for full-time or part-time employment with the State Police or a police department or sheriff’s office that is a part of or administered by the Commonwealth or any political subdivision thereof; (ix) to the State Health Commissioner or his designee for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5<\/a>; (x) to any full-time or part-time employee of the Department of Forensic Science for the purpose of screening any person for full-time or part-time employment with the Department of Forensic Science; (xi) to the chief law<\/span>-enforcement officer of a locality, or his designee who shall be an individual employed as a public safety official of the locality, that has adopted an ordinance<\/span> in accordance with §§ 15.2-1503.1<\/a> and 19.2-389<\/a> for the purpose of screening any person who applies to be a volunteer with or an employee of an emergency medical services agency as provided in § 32.1-111.5<\/a>; and (xii) to any full-time or part-time employee of the Department of Motor Vehicles, any employer as defined in § 46.2-341.4<\/a>, or any medical examiner as defined in 49 C.F.R. § 390.5 for the purpose of complying with the regulations of the Federal Motor Carrier Safety Administration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An employer or educational institution shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest<\/span>, criminal charge, or conviction<\/span> against him when the record relating to such arrest<\/span>, criminal charge, or conviction<\/span> is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest<\/span>, criminal charge, or conviction<\/span>, include a reference to or information concerning any arrest<\/span>, criminal charge, or conviction<\/span> when the record relating to such arrest<\/span>, criminal charge, or conviction<\/span> is not open for public inspection pursuant to subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Agencies, officials, and employees of the state and local governments shall not, in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service to disclose information concerning any arrest<\/span>, criminal charge, or conviction<\/span> against him when the record relating to such arrest<\/span>, criminal charge, or conviction<\/span> is not open for public inspection pursuant to subsection A. An applicant need not, in answer to any question concerning any arrest<\/span>, criminal charge, or conviction<\/span>, include a reference to or information concerning any arrest<\/span>, criminal charge, or conviction<\/span> when the record relating to such arrest<\/span>, criminal charge, or conviction<\/span> is not open for public inspection pursuant to subsection A. Such an application may not be denied solely because of the applicant’s refusal to disclose information concerning any such arrest<\/span>, criminal charge, or conviction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person who willfully violates subsection B or C is guilty of a Class 1 misdemeanor<\/span> for each violation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(REPEALED EFFECTIVE JULY 1, 2026) MARIJUANA POSSESSION; LIMITS ON DISSEMINATION\nOF CRIMINAL HISTORY RECORD INFORMATION; PROHIBITED PRACTICES BY EMPLOYERS,\nEDUCATIONAL INSTITUTIONS, AND STATE AND LOCAL GOVERNMENTS; PENALTY (\u00a7\n19.2-389.3)\n\nA. Records relating to the arrest, criminal charge, or conviction of a person\nfor a misdemeanor violation of § 18.2-248.1 or a violation of §\n18.2-250.1, including any violation charged under §§ 18.2-248.1 or\n18.2-250.1 that was deferred and dismissed pursuant to § 18.2-251,\nmaintained in the Central Criminal Records Exchange shall not be open for public\ninspection or otherwise disclosed, provided that such records may be\ndisseminated (i) to make the determination as provided in § 18.2-308.2:2 of\neligibility to possess or purchase a firearm; (ii) to aid in the preparation of\na pretrial investigation report prepared by a local pretrial services agency\nestablished pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9, a\npre-sentence or post-sentence investigation report pursuant to § 19.2-299\nor in the preparation of the discretionary sentencing guidelines worksheets\npursuant to subsection C of § 19.2-298.01; (iii) to aid local\ncommunity-based probation services agencies established pursuant to the\nComprehensive Community Corrections Act for Local-Responsible Offenders (§\n9.1-173 et seq.) with investigating or serving adult local-responsible offenders\nand all court service units serving juvenile delinquent offenders; (iv) for\nfingerprint comparison utilizing the fingerprints maintained in the Automated\nFingerprint Information System computer; (v) to attorneys for the Commonwealth\nto secure information incidental to sentencing and to attorneys for the\nCommonwealth and probation officers to prepare the discretionary sentencing\nguidelines worksheets pursuant to subsection C of § 19.2-298.01; (vi) to\nany full-time or part-time employee of the State Police, a police department, or\nsheriff’s office that is a part of or administered by the Commonwealth or\nany political subdivision thereof, and who is responsible for the prevention and\ndetection of crime and the enforcement of the penal, traffic, or highway laws of\nthe Commonwealth, for purposes of the administration of criminal justice as\ndefined in § 9.1-101; (vii) to the Virginia Criminal Sentencing Commission\nfor research purposes; (viii) to any full-time or part-time employee of the\nState Police or a police department or sheriff’s office that is a part of\nor administered by the Commonwealth or any political subdivision thereof for the\npurpose of screening any person for full-time or part-time employment with the\nState Police or a police department or sheriff’s office that is a part of\nor administered by the Commonwealth or any political subdivision thereof; (ix)\nto the State Health Commissioner or his designee for the purpose of screening\nany person who applies to be a volunteer with or an employee of an emergency\nmedical services agency as provided in § 32.1-111.5; (x) to any full-time\nor part-time employee of the Department of Forensic Science for the purpose of\nscreening any person for full-time or part-time employment with the Department\nof Forensic Science; (xi) to the chief law-enforcement officer of a locality, or\nhis designee who shall be an individual employed as a public safety official of\nthe locality, that has adopted an ordinance in accordance with §§\n15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to\nbe a volunteer with or an employee of an emergency medical services agency as\nprovided in § 32.1-111.5; and (xii) to any full-time or part-time employee\nof the Department of Motor Vehicles, any employer as defined in §\n46.2-341.4, or any medical examiner as defined in 49 C.F.R. § 390.5 for the\npurpose of complying with the regulations of the Federal Motor Carrier Safety\nAdministration.\n\nB. An employer or educational institution shall not, in any application,\ninterview, or otherwise, require an applicant for employment or admission to\ndisclose information concerning any arrest, criminal charge, or conviction\nagainst him when the record relating to such arrest, criminal charge, or\nconviction is not open for public inspection pursuant to subsection A. An\napplicant need not, in answer to any question concerning any arrest, criminal\ncharge, or conviction, include a reference to or information concerning any\narrest, criminal charge, or conviction when the record relating to such arrest,\ncriminal charge, or conviction is not open for public inspection pursuant to\nsubsection A.\n\nC. Agencies, officials, and employees of the state and local governments shall\nnot, in any application, interview, or otherwise, require an applicant for a\nlicense, permit, registration, or governmental service to disclose information\nconcerning any arrest, criminal charge, or conviction against him when the\nrecord relating to such arrest, criminal charge, or conviction is not open for\npublic inspection pursuant to subsection A. An applicant need not, in answer to\nany question concerning any arrest, criminal charge, or conviction, include a\nreference to or information concerning any arrest, criminal charge, or\nconviction when the record relating to such arrest, criminal charge, or\nconviction is not open for public inspection pursuant to subsection A. Such an\napplication may not be denied solely because of the applicant’s refusal to\ndisclose information concerning any such arrest, criminal charge, or conviction.\n\nD. A person who willfully violates subsection B or C is guilty of a Class 1\nmisdemeanor for each violation.\n\nHISTORY: 2020, cc. 1285, 1286; 2021 Sp. Sess. I, cc. 344, 345, 524, 542, 550,\n551; 2023, cc. 554, 555; 2025, cc. 634 and 671, cl 11.","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}}