{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-389.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-389.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-389.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-389.html"}],"law_id":81089,"edition_id":1,"section_id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","history":"Code 1950, \u00a7 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118; 1975, c. 495; 1976, c. 771; 1977, c. 626; 1978, c. 350; 1979, c. 480; 1981, c. 207; 1985, c. 360; 1987, cc. 130, 131; 1988, c. 851; 1989, c. 544; 1990, c. 766; 1991, c. 342; 1992, cc. 422, 641, 718, 746, 791, 844; 1993, cc. 48, 313, 348; 1994, cc. 34, 670, 700, 830; 1995, cc. 409, 645, 731, 781, 809; 1996, cc. 428, 432, 747, 881, 927, 944; 1997, cc. 169, 177, 606, 691, 721, 743, 796, 895; 1998, cc. 113, 405, 445, 882; 1999, cc. 383, 685; 2001, cc. 552, 582; 2002, cc. 370, 587, 606; 2003, c. 731; 2005, cc. 149, 914, 928; 2006, cc. 257, 277, 644; 2007, cc. 12, 361, 495, 572; 2008, cc. 387, 689, 863; 2009, cc. 667, 813, 840; 2010, cc. 189, 340, 406, 456, 524, 563, 862; 2011, cc. 432, 449; 2012, cc. 40, 189, 386, 476, 507, 803, 835; 2013, cc. 165, 176, 261, 407, 491, 582; 2014, cc. 225, 454; 2015, cc. 38, 343, 540, 730, 758, 770; 2016, cc. 454, 554, 574; 2017, cc. 421, 431, 809; 2018, c. 49; 2019, c. 675; 2020, cc. 2, 529, 860, 861, 1197, 1198, 1248, 1250; 2021, Sp. Sess. I, cc. 251, 463, 475, 510; 2023, cc. 42, 43, 236, 651; 2024, cc. 37, 150, 526, 654, 677; 2025, cc. 214, 451, 543, 556.","full_text":"A\n\nCriminal history record information shall be disseminated, whether directly or through an intermediary, only to:1\n\nAuthorized officers or employees of criminal justice agencies, as defined by § 9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of § 53.1-136 shall include collective dissemination by electronic means every 30 days. For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§ 37.2-819 and 64.2-2014 when disseminated 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 the purposes of the administration of criminal justice;2\n\nSuch other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;3\n\nIndividuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;4\n\nIndividuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;5\n\nAgencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;6\n\nIndividuals and agencies where authorized by court order or court rule;7\n\nAgencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;\n\t\t\t\t7a. Commissions created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration;8\n\nPublic or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual’s household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;9\n\nTo the extent permitted by federal law or regulation, public service companies as defined in § 56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;10\n\nThe appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports;11\n\nA person requesting a copy of his own criminal history record information as defined in § 9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers\/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in § 15.2-1713.1;12\n\nAdministrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in § 63.2-100 for dissemination to the Commissioner of Social Services’ representative pursuant to § 63.2-1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§ 63.2-1719, 63.2-1720, and 63.2-1721, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services’ representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Commissioner of Social Services’ representative from issuing written certifications regarding the results of a background check that was conducted before July 1, 2021, in accordance with subsection J of § 22.1-289.035 or § 22.1-289.039;13\n\nAdministrators and board presidents of and applicants for licensure as a prescribed pediatric extended care center for dissemination to the State Health Commissioner’s representative pursuant to §§ 32.1-162.15:1.5 and 32.1-162.15:1.10 for the conduct of investigations with respect to employees of and volunteers at such centers, pursuant to § 32.1-162.15:1.17, subject to the restriction that the data shall not be further disseminated by the center to any party other than the data subject, the State Health Commissioner’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law;14\n\nThe Department of Social Services for the purpose of screening individuals as a condition of licensure, employment, volunteering, or providing services on a regular basis in a licensed child welfare agency pursuant to §§ 63.2-1721 and 63.2-1726 or foster or adoptive home approved by a child-placing agency pursuant to § 63.2-901.1;15\n\nThe school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to § 19.2-83.1;16\n\nThe Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§ 58.1-4000 et seq.) and casino gaming as set forth in Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;17\n\nLicensed prescribed pediatric extended care centers for the conduct of investigations of applicants for compensated employment and volunteers in licensed prescribed pediatric extended care centers pursuant to § 32.1-162.15:1.17;18\n\nLicensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to § 32.1-126.01, hospital pharmacies pursuant to § 32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;19\n\nLicensed assisted living facilities and licensed adult day centers for the conduct of investigations of applicants for compensated employment in licensed assisted living facilities and licensed adult day centers pursuant to § 63.2-1720, subject to the limitations set out in subsection F;20\n\nThe Virginia Alcoholic Beverage Control Authority for the conduct of investigations as set forth in § 4.1-103.1;21\n\nThe State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to § 24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions;22\n\nThe Commissioner of Behavioral Health and Developmental Services (the Commissioner) or his designees for individuals who are committed to the custody of or being evaluated by the Commissioner pursuant to §§ 19.2-168.1, 19.2-169.1, 19.2-169.2, 19.2-169.5, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 where such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning;23\n\nAny alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) interventions with first offenders under § 18.2-251 or (ii) services to offenders under § 18.2-51.4, 18.2-266, or 18.2-266.1;24\n\nResidential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants’ fitness for employment or for providing volunteer or contractual services;25\n\nThe Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual’s fitness for employment pursuant to departmental instructions;26\n\nPursuant to § 22.1-296.3, the governing boards or administrators of private elementary or secondary schools which are accredited pursuant to § 22.1-19 or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police;27\n\nPublic institutions of higher education and nonprofit private institutions of higher education for the purpose of screening individuals who are offered or accept employment;28\n\nMembers of a threat assessment team established by a local school board pursuant to § 22.1-79.4, by a public institution of higher education pursuant to § 23.1-805, or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team;29\n\nExecutive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the community services board to serve in a direct care position on behalf of the community services board pursuant to §§ 37.2-506, 37.2-506.1, and 37.2-607;30\n\nExecutive directors of behavioral health authorities as defined in § 37.2-600 for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the behavioral health authority to serve in a direct care position on behalf of the behavioral health authority pursuant to §§ 37.2-506, 37.2-506.1, and 37.2-607;31\n\nThe Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released;32\n\nAuthorized officers or directors of agencies licensed pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position or requests approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§ 37.2-416, 37.2-416.1, 37.2-506, 37.2-506.1, and 37.2-607;33\n\nThe Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§ 46.2-2000 et seq.) and 21 (§ 46.2-2100 et seq.) of Title 46.2;34\n\nThe Chairman of the Senate Committee for Courts of Justice or the Chairman of the House Committee for Courts of Justice for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime;35\n\nHeads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual’s fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to § 2.2-1201.1;36\n\nThe Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§ 37.2-900 et seq.);37\n\nShipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors;38\n\nAny employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment;39\n\nPublic agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;40\n\nThe Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;41\n\nThe State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§ 6.2-1600 et seq.), Chapter 19.1 (§6.2-1922 et seq.), or Chapter 26 (§ 6.2-2600 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16, 19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;42\n\nThe Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to § 54.1-2106.1;43\n\nThe Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual’s fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§ 51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment;44\n\nBail bondsmen, in accordance with the provisions of § 19.2-120;45\n\nThe State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under § 8.01-195.12;46\n\nThe Department of Education or its agents or designees for the purpose of screening individuals seeking to enter into a contract with the Department of Education or its agents or designees for the provision of child care services for which child care subsidy payments may be provided;47\n\nThe Department of Juvenile Justice to investigate any parent, guardian, or other adult members of a juvenile’s household when completing a predispositional or postdispositional report required by § 16.1-273 or a Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233;48\n\nThe State Corporation Commission, for the purpose of screening applicants for insurance licensure under Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;49\n\nAdministrators and board presidents of and applicants for licensure or registration as a child day program or family day system, as such terms are defined in § 22.1-289.02, for dissemination to the Superintendent of Public Instruction’s representative pursuant to § 22.1-289.013 for the conduct of investigations with respect to employees of and volunteers at such facilities pursuant to §§ 22.1-289.034 through 22.1-289.037, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Superintendent of Public Instruction’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Superintendent of Public Instruction’s representative from issuing written certifications regarding the results of prior background checks in accordance with subsection J of § 22.1-289.035 or § 22.1-289.039;50\n\nThe National Center for Missing and Exploited Children for the purpose of screening individuals who are offered or accept employment or will be providing volunteer or contractual services with the National Center for Missing and Exploited Children;51\n\nThe Executive Director or investigators of the Board of Accountancy for the purpose of the enforcement of laws relating to the Board of Accountancy in accordance with § 54.1-4407; and52\n\nOther entities as otherwise provided by law.\n\t\t\t\tUpon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.\n\t\t\t\tNotwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.B\n\nUse of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further, except as otherwise provided in subdivision A 49.C\n\nNo criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.D\n\nCriminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by § 15.2-1722.E\n\nCriminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 18 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.F\n\nCriminal history information provided to licensed assisted living facilities and licensed adult day centers pursuant to subdivision A 19 shall be limited to the convictions on file with the Exchange for any offense specified in § 63.2-1720.G\n\nCriminal history information provided to public agencies pursuant to subdivision A 39 shall be limited to the convictions on file with the Exchange for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02.H\n\nUpon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer’s cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange.I\n\nThe attorney for the Commonwealth shall provide a physical or electronic copy of a person’s criminal history record information, including criminal history record information maintained in the National Crime Information Center (NCIC) and the Interstate Identification Index System (III System) that is in his possession, pursuant to the rules of court for obtaining discovery or for review by the court. No criminal history record information provided under this subsection shall be disseminated further.","order_by":null,"text":{"0":{"id":290632,"text":"Criminal history record information shall be disseminated, whether directly or through an intermediary, only to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290633,"text":"Authorized officers or employees of criminal justice agencies, as defined by § 9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of § 53.1-136 shall include collective dissemination by electronic means every 30 days. For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§ 37.2-819 and 64.2-2014 when disseminated 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 the purposes of the administration of criminal justice;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290634,"text":"Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":290635,"text":"Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":290636,"text":"Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":290637,"text":"Agencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":290638,"text":"Individuals and agencies where authorized by court order or court rule;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":290639,"text":"Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;\n\t\t\t\t7a. Commissions created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":290640,"text":"Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual’s household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":290641,"text":"To the extent permitted by federal law or regulation, public service companies as defined in § 56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":290642,"text":"The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports;","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"A11"},"11":{"id":290643,"text":"A person requesting a copy of his own criminal history record information as defined in § 9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers\/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in § 15.2-1713.1;","type":"section","prefixes":["A","11"],"prefix":"11","entire_prefix":"A11","prefix_anchor":"A11","level":2,"prior_prefix":"A10","next_prefix":"A12"},"12":{"id":290644,"text":"Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in § 63.2-100 for dissemination to the Commissioner of Social Services’ representative pursuant to § 63.2-1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§ 63.2-1719, 63.2-1720, and 63.2-1721, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services’ representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Commissioner of Social Services’ representative from issuing written certifications regarding the results of a background check that was conducted before July 1, 2021, in accordance with subsection J of § 22.1-289.035 or § 22.1-289.039;","type":"section","prefixes":["A","12"],"prefix":"12","entire_prefix":"A12","prefix_anchor":"A12","level":2,"prior_prefix":"A11","next_prefix":"A13"},"13":{"id":290645,"text":"Administrators and board presidents of and applicants for licensure as a prescribed pediatric extended care center for dissemination to the State Health Commissioner’s representative pursuant to §§ 32.1-162.15:1.5 and 32.1-162.15:1.10 for the conduct of investigations with respect to employees of and volunteers at such centers, pursuant to § 32.1-162.15:1.17, subject to the restriction that the data shall not be further disseminated by the center to any party other than the data subject, the State Health Commissioner’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law;","type":"section","prefixes":["A","13"],"prefix":"13","entire_prefix":"A13","prefix_anchor":"A13","level":2,"prior_prefix":"A12","next_prefix":"A14"},"14":{"id":290646,"text":"The Department of Social Services for the purpose of screening individuals as a condition of licensure, employment, volunteering, or providing services on a regular basis in a licensed child welfare agency pursuant to §§ 63.2-1721 and 63.2-1726 or foster or adoptive home approved by a child-placing agency pursuant to § 63.2-901.1;","type":"section","prefixes":["A","14"],"prefix":"14","entire_prefix":"A14","prefix_anchor":"A14","level":2,"prior_prefix":"A13","next_prefix":"A15"},"15":{"id":290647,"text":"The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to § 19.2-83.1;","type":"section","prefixes":["A","15"],"prefix":"15","entire_prefix":"A15","prefix_anchor":"A15","level":2,"prior_prefix":"A14","next_prefix":"A16"},"16":{"id":290648,"text":"The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§ 58.1-4000 et seq.) and casino gaming as set forth in Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;","type":"section","prefixes":["A","16"],"prefix":"16","entire_prefix":"A16","prefix_anchor":"A16","level":2,"prior_prefix":"A15","next_prefix":"A17"},"17":{"id":290649,"text":"Licensed prescribed pediatric extended care centers for the conduct of investigations of applicants for compensated employment and volunteers in licensed prescribed pediatric extended care centers pursuant to § 32.1-162.15:1.17;","type":"section","prefixes":["A","17"],"prefix":"17","entire_prefix":"A17","prefix_anchor":"A17","level":2,"prior_prefix":"A16","next_prefix":"A18"},"18":{"id":290650,"text":"Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to § 32.1-126.01, hospital pharmacies pursuant to § 32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;","type":"section","prefixes":["A","18"],"prefix":"18","entire_prefix":"A18","prefix_anchor":"A18","level":2,"prior_prefix":"A17","next_prefix":"A19"},"19":{"id":290651,"text":"Licensed assisted living facilities and licensed adult day centers for the conduct of investigations of applicants for compensated employment in licensed assisted living facilities and licensed adult day centers pursuant to § 63.2-1720, subject to the limitations set out in subsection F;","type":"section","prefixes":["A","19"],"prefix":"19","entire_prefix":"A19","prefix_anchor":"A19","level":2,"prior_prefix":"A18","next_prefix":"A20"},"20":{"id":290652,"text":"The Virginia Alcoholic Beverage Control Authority for the conduct of investigations as set forth in § 4.1-103.1;","type":"section","prefixes":["A","20"],"prefix":"20","entire_prefix":"A20","prefix_anchor":"A20","level":2,"prior_prefix":"A19","next_prefix":"A21"},"21":{"id":290653,"text":"The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to § 24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions;","type":"section","prefixes":["A","21"],"prefix":"21","entire_prefix":"A21","prefix_anchor":"A21","level":2,"prior_prefix":"A20","next_prefix":"A22"},"22":{"id":290654,"text":"The Commissioner of Behavioral Health and Developmental Services (the Commissioner) or his designees for individuals who are committed to the custody of or being evaluated by the Commissioner pursuant to §§ 19.2-168.1, 19.2-169.1, 19.2-169.2, 19.2-169.5, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 where such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning;","type":"section","prefixes":["A","22"],"prefix":"22","entire_prefix":"A22","prefix_anchor":"A22","level":2,"prior_prefix":"A21","next_prefix":"A23"},"23":{"id":290655,"text":"Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) interventions with first offenders under § 18.2-251 or (ii) services to offenders under § 18.2-51.4, 18.2-266, or 18.2-266.1;","type":"section","prefixes":["A","23"],"prefix":"23","entire_prefix":"A23","prefix_anchor":"A23","level":2,"prior_prefix":"A22","next_prefix":"A24"},"24":{"id":290656,"text":"Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants’ fitness for employment or for providing volunteer or contractual services;","type":"section","prefixes":["A","24"],"prefix":"24","entire_prefix":"A24","prefix_anchor":"A24","level":2,"prior_prefix":"A23","next_prefix":"A25"},"25":{"id":290657,"text":"The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual’s fitness for employment pursuant to departmental instructions;","type":"section","prefixes":["A","25"],"prefix":"25","entire_prefix":"A25","prefix_anchor":"A25","level":2,"prior_prefix":"A24","next_prefix":"A26"},"26":{"id":290658,"text":"Pursuant to § 22.1-296.3, the governing boards or administrators of private elementary or secondary schools which are accredited pursuant to § 22.1-19 or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police;","type":"section","prefixes":["A","26"],"prefix":"26","entire_prefix":"A26","prefix_anchor":"A26","level":2,"prior_prefix":"A25","next_prefix":"A27"},"27":{"id":290659,"text":"Public institutions of higher education and nonprofit private institutions of higher education for the purpose of screening individuals who are offered or accept employment;","type":"section","prefixes":["A","27"],"prefix":"27","entire_prefix":"A27","prefix_anchor":"A27","level":2,"prior_prefix":"A26","next_prefix":"A28"},"28":{"id":290660,"text":"Members of a threat assessment team established by a local school board pursuant to § 22.1-79.4, by a public institution of higher education pursuant to § 23.1-805, or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team;","type":"section","prefixes":["A","28"],"prefix":"28","entire_prefix":"A28","prefix_anchor":"A28","level":2,"prior_prefix":"A27","next_prefix":"A29"},"29":{"id":290661,"text":"Executive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the community services board to serve in a direct care position on behalf of the community services board pursuant to §§ 37.2-506, 37.2-506.1, and 37.2-607;","type":"section","prefixes":["A","29"],"prefix":"29","entire_prefix":"A29","prefix_anchor":"A29","level":2,"prior_prefix":"A28","next_prefix":"A30"},"30":{"id":290662,"text":"Executive directors of behavioral health authorities as defined in § 37.2-600 for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the behavioral health authority to serve in a direct care position on behalf of the behavioral health authority pursuant to §§ 37.2-506, 37.2-506.1, and 37.2-607;","type":"section","prefixes":["A","30"],"prefix":"30","entire_prefix":"A30","prefix_anchor":"A30","level":2,"prior_prefix":"A29","next_prefix":"A31"},"31":{"id":290663,"text":"The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released;","type":"section","prefixes":["A","31"],"prefix":"31","entire_prefix":"A31","prefix_anchor":"A31","level":2,"prior_prefix":"A30","next_prefix":"A32"},"32":{"id":290664,"text":"Authorized officers or directors of agencies licensed pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position or requests approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, or permission for any person under contract with the provider to serve in a direct care position has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§ 37.2-416, 37.2-416.1, 37.2-506, 37.2-506.1, and 37.2-607;","type":"section","prefixes":["A","32"],"prefix":"32","entire_prefix":"A32","prefix_anchor":"A32","level":2,"prior_prefix":"A31","next_prefix":"A33"},"33":{"id":290665,"text":"The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§ 46.2-2000 et seq.) and 21 (§ 46.2-2100 et seq.) of Title 46.2;","type":"section","prefixes":["A","33"],"prefix":"33","entire_prefix":"A33","prefix_anchor":"A33","level":2,"prior_prefix":"A32","next_prefix":"A34"},"34":{"id":290666,"text":"The Chairman of the Senate Committee for Courts of Justice or the Chairman of the House Committee for Courts of Justice for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime;","type":"section","prefixes":["A","34"],"prefix":"34","entire_prefix":"A34","prefix_anchor":"A34","level":2,"prior_prefix":"A33","next_prefix":"A35"},"35":{"id":290667,"text":"Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual’s fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to § 2.2-1201.1;","type":"section","prefixes":["A","35"],"prefix":"35","entire_prefix":"A35","prefix_anchor":"A35","level":2,"prior_prefix":"A34","next_prefix":"A36"},"36":{"id":290668,"text":"The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§ 37.2-900 et seq.);","type":"section","prefixes":["A","36"],"prefix":"36","entire_prefix":"A36","prefix_anchor":"A36","level":2,"prior_prefix":"A35","next_prefix":"A37"},"37":{"id":290669,"text":"Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors;","type":"section","prefixes":["A","37"],"prefix":"37","entire_prefix":"A37","prefix_anchor":"A37","level":2,"prior_prefix":"A36","next_prefix":"A38"},"38":{"id":290670,"text":"Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment;","type":"section","prefixes":["A","38"],"prefix":"38","entire_prefix":"A38","prefix_anchor":"A38","level":2,"prior_prefix":"A37","next_prefix":"A39"},"39":{"id":290671,"text":"Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;","type":"section","prefixes":["A","39"],"prefix":"39","entire_prefix":"A39","prefix_anchor":"A39","level":2,"prior_prefix":"A38","next_prefix":"A40"},"40":{"id":290672,"text":"The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;","type":"section","prefixes":["A","40"],"prefix":"40","entire_prefix":"A40","prefix_anchor":"A40","level":2,"prior_prefix":"A39","next_prefix":"A41"},"41":{"id":290673,"text":"The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§ 6.2-1600 et seq.), Chapter 19.1 (§6.2-1922 et seq.), or Chapter 26 (§ 6.2-2600 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16, 19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;","type":"section","prefixes":["A","41"],"prefix":"41","entire_prefix":"A41","prefix_anchor":"A41","level":2,"prior_prefix":"A40","next_prefix":"A42"},"42":{"id":290674,"text":"The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to § 54.1-2106.1;","type":"section","prefixes":["A","42"],"prefix":"42","entire_prefix":"A42","prefix_anchor":"A42","level":2,"prior_prefix":"A41","next_prefix":"A43"},"43":{"id":290675,"text":"The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual’s fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§ 51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment;","type":"section","prefixes":["A","43"],"prefix":"43","entire_prefix":"A43","prefix_anchor":"A43","level":2,"prior_prefix":"A42","next_prefix":"A44"},"44":{"id":290676,"text":"Bail bondsmen, in accordance with the provisions of § 19.2-120;","type":"section","prefixes":["A","44"],"prefix":"44","entire_prefix":"A44","prefix_anchor":"A44","level":2,"prior_prefix":"A43","next_prefix":"A45"},"45":{"id":290677,"text":"The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under § 8.01-195.12;","type":"section","prefixes":["A","45"],"prefix":"45","entire_prefix":"A45","prefix_anchor":"A45","level":2,"prior_prefix":"A44","next_prefix":"A46"},"46":{"id":290678,"text":"The Department of Education or its agents or designees for the purpose of screening individuals seeking to enter into a contract with the Department of Education or its agents or designees for the provision of child care services for which child care subsidy payments may be provided;","type":"section","prefixes":["A","46"],"prefix":"46","entire_prefix":"A46","prefix_anchor":"A46","level":2,"prior_prefix":"A45","next_prefix":"A47"},"47":{"id":290679,"text":"The Department of Juvenile Justice to investigate any parent, guardian, or other adult members of a juvenile’s household when completing a predispositional or postdispositional report required by § 16.1-273 or a Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233;","type":"section","prefixes":["A","47"],"prefix":"47","entire_prefix":"A47","prefix_anchor":"A47","level":2,"prior_prefix":"A46","next_prefix":"A48"},"48":{"id":290680,"text":"The State Corporation Commission, for the purpose of screening applicants for insurance licensure under Chapter 18 (§ 38.2-1800 et seq.) of Title 38.2;","type":"section","prefixes":["A","48"],"prefix":"48","entire_prefix":"A48","prefix_anchor":"A48","level":2,"prior_prefix":"A47","next_prefix":"A49"},"49":{"id":290681,"text":"Administrators and board presidents of and applicants for licensure or registration as a child day program or family day system, as such terms are defined in § 22.1-289.02, for dissemination to the Superintendent of Public Instruction’s representative pursuant to § 22.1-289.013 for the conduct of investigations with respect to employees of and volunteers at such facilities pursuant to §§ 22.1-289.034 through 22.1-289.037, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Superintendent of Public Instruction’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Superintendent of Public Instruction’s representative from issuing written certifications regarding the results of prior background checks in accordance with subsection J of § 22.1-289.035 or § 22.1-289.039;","type":"section","prefixes":["A","49"],"prefix":"49","entire_prefix":"A49","prefix_anchor":"A49","level":2,"prior_prefix":"A48","next_prefix":"A50"},"50":{"id":290682,"text":"The National Center for Missing and Exploited Children for the purpose of screening individuals who are offered or accept employment or will be providing volunteer or contractual services with the National Center for Missing and Exploited Children;","type":"section","prefixes":["A","50"],"prefix":"50","entire_prefix":"A50","prefix_anchor":"A50","level":2,"prior_prefix":"A49","next_prefix":"A51"},"51":{"id":290683,"text":"The Executive Director or investigators of the Board of Accountancy for the purpose of the enforcement of laws relating to the Board of Accountancy in accordance with § 54.1-4407; and","type":"section","prefixes":["A","51"],"prefix":"51","entire_prefix":"A51","prefix_anchor":"A51","level":2,"prior_prefix":"A50","next_prefix":"A52"},"52":{"id":290684,"text":"Other entities as otherwise provided by law.\n\t\t\t\tUpon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.\n\t\t\t\tNotwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.","type":"section","prefixes":["A","52"],"prefix":"52","entire_prefix":"A52","prefix_anchor":"A52","level":2,"prior_prefix":"A51","next_prefix":"B"},"53":{"id":290685,"text":"Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further, except as otherwise provided in subdivision A 49.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A52","next_prefix":"C"},"54":{"id":290686,"text":"No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"55":{"id":290687,"text":"Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by § 15.2-1722.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"56":{"id":290688,"text":"Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 18 shall be limited to the convictions on file with the Exchange for any offense specified in §§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"57":{"id":290689,"text":"Criminal history information provided to licensed assisted living facilities and licensed adult day centers pursuant to subdivision A 19 shall be limited to the convictions on file with the Exchange for any offense specified in § 63.2-1720.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"58":{"id":290690,"text":"Criminal history information provided to public agencies pursuant to subdivision A 39 shall be limited to the convictions on file with the Exchange for any offense set forth in clause (i) of the definition of barrier crime in § 19.2-392.02.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"59":{"id":290691,"text":"Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer’s cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"60":{"id":290692,"text":"The attorney for the Commonwealth shall provide a physical or electronic copy of a person’s criminal history record information, including criminal history record information maintained in the National Crime Information Center (NCIC) and the Interstate Identification Index System (III System) that is in his possession, pursuant to the rules of court for obtaining discovery or for review by the court. No criminal history record information provided under this subsection shall be disseminated further.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-389\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 45 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 1966, chapter 669; in 1968, chapter 537; in 1970, chapter 118; in 1975, chapter 495; in 1976, chapter 771; in 1977, chapter 626; in 1978, chapter 350; in 1979, chapter 480; in 1981, chapter 207; in 1985, chapter 360; in 1987, chapters 130 and 131; in 1988, chapter 851; in 1989, chapter 544; in 1990, chapter 766; in 1991, chapter 342; in 1992, chapters 422, 641, 718, 746, 791, and 844; in 1993, chapters 48, 313, and 348; in 1994, chapters 34<\/a>, 670<\/a>, 700<\/a>, and 830<\/a>; in 1995, chapters 409<\/a>, 645<\/a>, 731<\/a>, 781<\/a>, and 809<\/a>; in 1996, chapters 428<\/a>, 432<\/a>, 747<\/a>, 881<\/a>, 927<\/a>, and 944<\/a>; in 1997, chapters 169<\/a>, 177<\/a>, 606<\/a>, 691<\/a>, 721<\/a>, 743<\/a>, 796<\/a>, and 895<\/a>; in 1998, chapters 113<\/a>, 405<\/a>, 445<\/a>, and 882<\/a>; in 1999, chapters 383<\/a> and 685<\/a>; in 2001, chapters 552<\/a> and 582<\/a>; in 2002, chapters 370<\/a>, 587<\/a>, and 606<\/a>; in 2003, chapter 731<\/a>; in 2005, chapters 149<\/a>, 914<\/a>, and 928<\/a>; in 2006, chapters 257<\/a>, 277<\/a>, and 644<\/a>; in 2007, chapters 12<\/a>, 361<\/a>, 495<\/a>, and 572<\/a>; in 2008, chapters 387<\/a>, 689<\/a>, and 863<\/a>; in 2009, chapters 667<\/a>, 813<\/a>, and 840<\/a>; in 2010, chapters 189<\/a>, 340<\/a>, 406<\/a>, 456<\/a>, 524<\/a>, 563<\/a>, and 862<\/a>; in 2011, chapters 432<\/a> and 449<\/a>; in 2012, chapters 40<\/a>, 189<\/a>, 386<\/a>, 476<\/a>, 507<\/a>, 803<\/a>, and 835<\/a>; in 2013, chapters 165<\/a>, 176<\/a>, 261<\/a>, 407<\/a>, 491<\/a>, and 582<\/a>; in 2014, chapters 225<\/a> and 454<\/a>; in 2015, chapters 38<\/a>, 343<\/a>, 540<\/a>, 730<\/a>, 758<\/a>, and 770<\/a>; in 2016, chapters 454<\/a>, 554<\/a>, and 574<\/a>; in 2017, chapters 421<\/a>, 431<\/a>, and 809<\/a>; in 2018, chapter 49<\/a>; in 2019, chapter 675<\/a>; in 2020, chapters 2<\/a>, 529<\/a>, 860<\/a>, 861<\/a>, 1197<\/a>, 1198<\/a>, 1248<\/a>, and 1250<\/a>; in 2023, chapters 42<\/a>, 43<\/a>, 236<\/a>, and 651<\/a>; in 2024, chapters 37<\/a>, 150<\/a>, 526<\/a>, 654<\/a>, and 677<\/a>; in 2025, chapters 214<\/a>, 451<\/a>, 543<\/a>, and 556<\/a>.<\/p>","references":[{"id":81528,"section_number":"10.1-1405","catch_line":"Powers and duties of Director","order_by":null,"url":"\/10.1-1405\/"},{"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":65546,"section_number":"15.2-1505.1","catch_line":"Applicant preemployment information","order_by":null,"url":"\/15.2-1505.1\/"},{"id":77826,"section_number":"15.2-709.1","catch_line":"Applicant preemployment information in Arlington County","order_by":null,"url":"\/15.2-709.1\/"},{"id":57565,"section_number":"15.2-914","catch_line":"Regulation of child-care services and facilities in cities and certain counties","order_by":null,"url":"\/15.2-914\/"},{"id":85004,"section_number":"16.1-337.1","catch_line":"Order of involuntary commitment or mandatory outpatient treatment forwarded to Central Criminal Records Exchange; 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services for children and developmental services","order_by":null,"url":"\/37.2-416\/"},{"id":67357,"section_number":"37.2-416.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-416.1\/"},{"id":75347,"section_number":"37.2-506","catch_line":"Background checks required; services for children and developmental services","order_by":null,"url":"\/37.2-506\/"},{"id":61726,"section_number":"37.2-506.1","catch_line":"Background checks required; adult substance abuse and mental health services","order_by":null,"url":"\/37.2-506.1\/"},{"id":65047,"section_number":"37.2-600","catch_line":"Definitions","order_by":null,"url":"\/37.2-600\/"},{"id":72398,"section_number":"37.2-607","catch_line":"Background check required","order_by":null,"url":"\/37.2-607\/"},{"id":75630,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","order_by":null,"url":"\/37.2-819\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":67482,"section_number":"38.2-1800","catch_line":"Definitions","order_by":null,"url":"\/38.2-1800\/"},{"id":64998,"section_number":"4.1-103.1","catch_line":"Criminal history records check required on certain employees; reimbursement of costs","order_by":null,"url":"\/4.1-103.1\/"},{"id":70585,"section_number":"46.2-2000","catch_line":"Definitions","order_by":null,"url":"\/46.2-2000\/"},{"id":85084,"section_number":"46.2-2100","catch_line":"Definitions","order_by":null,"url":"\/46.2-2100\/"},{"id":69233,"section_number":"51.5-170","catch_line":"Eligibility","order_by":null,"url":"\/51.5-170\/"},{"id":80848,"section_number":"53.1-136","catch_line":"Powers and duties of Board; notice of release of certain inmates; report","order_by":null,"url":"\/53.1-136\/"},{"id":65670,"section_number":"54.1-2106.1","catch_line":"Licenses required","order_by":null,"url":"\/54.1-2106.1\/"},{"id":62850,"section_number":"54.1-4407","catch_line":"Enforcement of laws by the Executive Director or investigators; authority of investigators appointed by the Executive Director","order_by":null,"url":"\/54.1-4407\/"},{"id":64250,"section_number":"56-1","catch_line":"Definitions","order_by":null,"url":"\/56-1\/"},{"id":56298,"section_number":"58.1-4000","catch_line":"Short title","order_by":null,"url":"\/58.1-4000\/"},{"id":65703,"section_number":"58.1-4100","catch_line":"Definitions","order_by":null,"url":"\/58.1-4100\/"},{"id":71155,"section_number":"6.2-1600","catch_line":"Definitions","order_by":null,"url":"\/6.2-1600\/"},{"id":78099,"section_number":"6.2-1922","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/6.2-1922\/"},{"id":79869,"section_number":"6.2-2600","catch_line":"Definitions","order_by":null,"url":"\/6.2-2600\/"},{"id":72379,"section_number":"63.2-100","catch_line":"Definitions","order_by":null,"url":"\/63.2-100\/"},{"id":73140,"section_number":"63.2-1505","catch_line":"Investigations by local departments","order_by":null,"url":"\/63.2-1505\/"},{"id":61614,"section_number":"63.2-1601.1","catch_line":"Criminal history check for agency approved providers of services to adults","order_by":null,"url":"\/63.2-1601.1\/"},{"id":57567,"section_number":"63.2-1702","catch_line":"Investigation on receipt of application","order_by":null,"url":"\/63.2-1702\/"},{"id":79115,"section_number":"63.2-1719","catch_line":"Barrier crime; construction","order_by":null,"url":"\/63.2-1719\/"},{"id":72022,"section_number":"63.2-1720","catch_line":"Assisted living facilities and adult day centers; employment for compensation of persons or use of volunteers convicted of certain offenses prohibited; background check required; penalty","order_by":null,"url":"\/63.2-1720\/"},{"id":81967,"section_number":"63.2-1721","catch_line":"Background check upon application for licensure as a child-placing agency, etc.; penalty","order_by":null,"url":"\/63.2-1721\/"},{"id":80180,"section_number":"63.2-1726","catch_line":"Background check required; children's residential facilities","order_by":null,"url":"\/63.2-1726\/"},{"id":81648,"section_number":"63.2-901.1","catch_line":"Criminal history and central registry check for placements of children","order_by":null,"url":"\/63.2-901.1\/"},{"id":61902,"section_number":"64.2-2014","catch_line":"Clerk to index findings of incapacity or restoration; notice of findings","order_by":null,"url":"\/64.2-2014\/"},{"id":81268,"section_number":"8.01-195.12","catch_line":"Conditions for continued compensation","order_by":null,"url":"\/8.01-195.12\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":170431,"object_type":"law","relational_id":81089,"identifier":"19.2-389","token":"19.2\/23\/19.2-389","url":"\/19.2-389\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","dublin_core":{"Title":"(Effective July 1, 2026) Dissemination of criminal history record information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-389","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Criminal history record information shall be disseminated, whether directly or through an intermediary, only to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Authorized officers or employees of criminal justice agencies, as defined by § 9.1-101<\/a>, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole<\/span> Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole<\/span> determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of § 53.1-136<\/a> shall include collective dissemination by electronic means every 30 days. For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§ 37.2-819<\/a> and 64.2-2014<\/a> when disseminated 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 the purposes of the administration of criminal justice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such other individuals and agencies that require criminal history record information to implement a state or federal statute<\/span> or executive order<\/span> of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest<\/span> of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest<\/span> and no disposition<\/span> of the charge has been recorded and no active prosecution<\/span> of the charge is pending; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Agencies of state or federal government that are authorized by state or federal statute<\/span> or executive order<\/span> of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Individuals and agencies where authorized by court order<\/span> or court rule; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance<\/span> if the past criminal conduct of a person with a conviction<\/span> record would be compatible with the nature of the employment, permit, or license under consideration;\n\t\t\t\t7a. Commissions created pursuant to the Transportation District Act of 1964 (§ 33.2-1900<\/a> et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction<\/span> record would be compatible with the nature of the employment under consideration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Public or private agencies when authorized or required by federal or state law<\/span> or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual’s household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1<\/a> and 63.2-1505<\/a>, subject to the restriction that the data shall not be further disseminated to any party<\/span> other than a federal or state authority or court as may be required to comply with an express requirement of law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> To the extent permitted by federal law<\/span> or regulation, public service companies as defined in § 56-1<\/a>, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> A person requesting a copy of his own criminal history record information as defined in § 9.1-101<\/a> at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers\/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime<\/span> Stoppers, Crime<\/span> Solvers or Crime<\/span> Line program as defined in § 15.2-1713.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in § 63.2-100<\/a> for dissemination to the Commissioner of Social Services’ representative pursuant to § 63.2-1702<\/a> for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§ 63.2-1719<\/a>, 63.2-1720<\/a>, and 63.2-1721<\/a>, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party<\/span> other than the data subject, the Commissioner of Social Services’ representative or a federal or state authority or court as may be required to comply with an express requirement of law<\/span> for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Commissioner of Social Services’ representative from issuing written certifications regarding the results of a background check that was conducted before July 1, 2021, in accordance with subsection J of § 22.1-289.035<\/a> or § 22.1-289.039<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Administrators and board presidents of and applicants for licensure as a prescribed pediatric extended care center for dissemination to the State Health Commissioner’s representative pursuant to §§ 32.1-162.15:1.5<\/a> and 32.1-162.15:1.10<\/a> for the conduct of investigations with respect to employees of and volunteers at such centers, pursuant to § 32.1-162.15:1.17<\/a>, subject to the restriction that the data shall not be further disseminated by the center to any party<\/span> other than the data subject, the State Health Commissioner’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> The Department of Social Services for the purpose of screening individuals as a condition of licensure, employment, volunteering, or providing services on a regular basis in a licensed child welfare agency pursuant to §§ 63.2-1721<\/a> and 63.2-1726<\/a> or foster or adoptive home approved by a child-placing agency pursuant to § 63.2-901.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest<\/span> has been made pursuant to § 19.2-83.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law<\/span> (§ 58.1-4000<\/a> et seq.) and casino gaming as set forth in Chapter 41 (§ 58.1-4100<\/a> et seq.) of Title 58.1, and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1.1:1 (§ 18.2-340.15<\/a> et seq.) of Chapter 8 of Title 18.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Licensed prescribed pediatric extended care centers for the conduct of investigations of applicants for compensated employment and volunteers in licensed prescribed pediatric extended care centers pursuant to § 32.1-162.15:1.17<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to § 32.1-126.01<\/a>, hospital pharmacies pursuant to § 32.1-126.02<\/a>, and home care organizations pursuant to § 32.1-162.9:1<\/a>, subject to the limitations set out in subsection E; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Licensed assisted living facilities and licensed adult day centers for the conduct of investigations of applicants for compensated employment in licensed assisted living facilities and licensed adult day centers pursuant to § 63.2-1720<\/a>, subject to the limitations set out in subsection F; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> The Virginia Alcoholic Beverage Control Authority for the conduct of investigations as set forth in § 4.1-103.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to § 24.2-110<\/a> in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony<\/span> convictions<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> The Commissioner of Behavioral Health and Developmental Services (the Commissioner) or his designees for individuals who are committed to the custody<\/span> of or being evaluated by the Commissioner pursuant to §§ 19.2-168.1<\/a>, 19.2-169.1<\/a>, 19.2-169.2<\/a>, 19.2-169.5<\/a>, 19.2-169.6<\/a>, 19.2-182.2<\/a>, 19.2-182.3<\/a>, 19.2-182.8<\/a>, and 19.2-182.9<\/a> where such information may be beneficial for the purpose of placement, evaluation, treatment, or discharge planning; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) interventions with first offenders under § 18.2-251<\/a> or (ii) services to offenders under § 18.2-51.4<\/a>, 18.2-266<\/a>, or 18.2-266.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants’ fitness for employment or for providing volunteer or contractual services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual’s fitness for employment pursuant to departmental instructions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

26.<\/span> Pursuant to § 22.1-296.3<\/a>, the governing boards or administrators of private elementary or secondary schools which are accredited pursuant to § 22.1-19<\/a> or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

27.<\/span> Public institutions of higher education and nonprofit private institutions of higher education for the purpose of screening individuals who are offered or accept employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

28.<\/span> Members of a threat assessment team established by a local school board pursuant to § 22.1-79.4<\/a>, by a public institution of higher education pursuant to § 23.1-805<\/a>, or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

29.<\/span> Executive directors of community services<\/span> boards or the personnel director serving the community services<\/span> board for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permission for any person under contract<\/span> with the community services<\/span> board to serve in a direct care position on behalf of the community services<\/span> board pursuant to §§ 37.2-506<\/a>, 37.2-506.1<\/a>, and 37.2-607<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

30.<\/span> Executive directors of behavioral health authorities as defined in § 37.2-600<\/a> for the purpose of determining an individual’s fitness for employment, approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permission for any person under contract<\/span> with the behavioral health authority to serve in a direct care position on behalf of the behavioral health authority pursuant to §§ 37.2-506<\/a>, 37.2-506.1<\/a>, and 37.2-607<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

31.<\/span> The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

32.<\/span> Authorized officers or directors of agencies licensed pursuant to Article 2 (§ 37.2-403<\/a> et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position or requests approval as a sponsored residential service provider, permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver<\/span>, or permission for any person under contract<\/span> with the provider to serve in a direct care position has been convicted of a crime<\/span> that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§ 37.2-416<\/a>, 37.2-416.1<\/a>, 37.2-506<\/a>, 37.2-506.1<\/a>, and 37.2-607<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

33.<\/span> The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§ 46.2-2000<\/a> et seq.) and 21 (§ 46.2-2100<\/a> et seq.) of Title 46.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

34.<\/span> The Chairman of the Senate Committee for Courts<\/span> of Justice or the Chairman of the House Committee for Courts<\/span> of Justice for the purpose of determining if any person being considered for election to any judgeship<\/span> has been convicted of a crime<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

35.<\/span> Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual’s fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to § 2.2-1201.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

36.<\/span> The Office of the Attorney General<\/span>, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§ 37.2-900<\/a> et seq.); <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

37.<\/span> Shipyards, to the extent permitted by federal law<\/span> or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

38.<\/span> Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

39.<\/span> Public agencies when and as required by federal or state law<\/span> to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1<\/a>, subject to the restriction that the data shall not be further disseminated by the agency to any party<\/span> other than a federal or state authority or court as may be required to comply with an express requirement of law<\/span> for such further dissemination, subject to limitations set out in subsection G; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

40.<\/span> The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts<\/span>, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

41.<\/span> The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§ 6.2-1600<\/a> et seq.), Chapter 19.1 (§6.2-1922<\/a> et seq.), or Chapter 26 (§ 6.2-2600<\/a> et seq.) of Title 6.2. Notwithstanding any other provision of law<\/span>, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16, 19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

42.<\/span> The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to § 54.1-2106.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

43.<\/span> The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual’s fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§ 51.5-170<\/a> et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

44.<\/span> Bail<\/span> bondsmen, in accordance with the provisions of § 19.2-120<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

45.<\/span> The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under § 8.01-195.12<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

46.<\/span> The Department of Education or its agents or designees for the purpose of screening individuals seeking to enter into a contract<\/span> with the Department of Education or its agents or designees for the provision of child care services for which child care subsidy payments may be provided; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

47.<\/span> The Department of Juvenile Justice to investigate any parent, guardian, or other adult members of a juvenile’s household when completing a predispositional or postdispositional report required by § 16.1-273<\/a> or a Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

48.<\/span> The State Corporation Commission, for the purpose of screening applicants for insurance licensure under Chapter 18 (§ 38.2-1800<\/a> et seq.) of Title 38.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

49.<\/span> Administrators and board presidents of and applicants for licensure or registration as a child day program or family day system, as such terms are defined in § 22.1-289.02<\/a>, for dissemination to the Superintendent of Public Instruction’s representative pursuant to § 22.1-289.013<\/a> for the conduct of investigations with respect to employees of and volunteers at such facilities pursuant to §§ 22.1-289.034<\/a> through 22.1-289.037<\/a>, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party<\/span> other than the data subject, the Superintendent of Public Instruction’s representative, or a federal or state authority or court as may be required to comply with an express requirement of law<\/span> for such further dissemination; however, nothing in this subdivision shall be construed to prohibit the Superintendent of Public Instruction’s representative from issuing written certifications regarding the results of prior background checks in accordance with subsection J of § 22.1-289.035<\/a> or § 22.1-289.039<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

50.<\/span> The National Center for Missing and Exploited Children for the purpose of screening individuals who are offered or accept employment or will be providing volunteer or contractual services with the National Center for Missing and Exploited Children; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

51.<\/span> The Executive Director or investigators of the Board of Accountancy for the purpose of the enforcement of laws<\/span> relating to the Board of Accountancy in accordance with § 54.1-4407<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

52.<\/span> Other entities as otherwise provided by law<\/span>.\n\t\t\t\tUpon an ex parte<\/span> motion<\/span> of a defendant<\/span> in a felony<\/span> case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant<\/span>, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.\n\t\t\t\tNotwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses<\/span> not required to be reported to the Exchange, shall furnish a copy of conviction<\/span> data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath<\/span>, to the making of such request. A person receiving a copy of his own conviction<\/span> data may utilize or further disseminate that data as he deems appropriate. In the event no conviction<\/span> data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further, except as otherwise provided in subdivision A 49. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses<\/span> required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition<\/span> data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses<\/span> not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by § 15.2-1722<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 18 shall be limited to the convictions<\/span> on file with the Exchange for any offense<\/span> specified in §§ 32.1-126.01<\/a>, 32.1-126.02<\/a>, and 32.1-162.9:1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Criminal history information provided to licensed assisted living facilities and licensed adult day centers pursuant to subdivision A 19 shall be limited to the convictions<\/span> on file with the Exchange for any offense<\/span> specified in § 63.2-1720<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Criminal history information provided to public agencies pursuant to subdivision A 39 shall be limited to the convictions<\/span> on file with the Exchange for any offense<\/span> set forth in clause (i) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses<\/span> not required to be reported to the Exchange, shall furnish at the employer’s cost a copy of conviction<\/span> data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction<\/span> data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The attorney for the Commonwealth shall provide a physical or electronic copy of a person’s criminal history record information, including criminal history record information maintained in the National Crime<\/span> Information Center (NCIC) and the Interstate Identification Index System (III System) that is in his possession<\/span>, pursuant to the rules of court for obtaining discovery<\/span> or for review by the court. No criminal history record information provided under this subsection shall be disseminated further. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION\n(\u00a7 19.2-389)\n\nA. Criminal history record information shall be disseminated, whether directly\nor through an intermediary, only to:\n\n 1. Authorized officers or employees of criminal justice agencies, as defined\n by § 9.1-101, for purposes of the administration of criminal justice and\n the screening of an employment application or review of employment by a\n criminal justice agency with respect to its own employees or applicants, and\n dissemination to the Virginia Parole Board, pursuant to this subdivision, of\n such information on all state-responsible inmates for the purpose of making\n parole determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of §\n 53.1-136 shall include collective dissemination by electronic means every 30\n days. For purposes of this subdivision, criminal history record information\n includes information sent to the Central Criminal Records Exchange pursuant to\n §§ 37.2-819 and 64.2-2014 when disseminated to any full-time or\n part-time employee of the State Police, a police department or sheriff’s\n office that is a part of or administered by the Commonwealth or any political\n subdivision thereof, and who is responsible for the prevention and detection\n of crime and the enforcement of the penal, traffic or highway laws of the\n Commonwealth for the purposes of the administration of criminal justice;\n\n 2. Such other individuals and agencies that require criminal history record\n information to implement a state or federal statute or executive order of the\n President of the United States or Governor that expressly refers to criminal\n conduct and contains requirements or exclusions expressly based upon such\n conduct, except that information concerning the arrest of an individual may\n not be disseminated to a noncriminal justice agency or individual if an\n interval of one year has elapsed from the date of the arrest and no\n disposition of the charge has been recorded and no active prosecution of the\n charge is pending;\n\n 3. Individuals and agencies pursuant to a specific agreement with a criminal\n justice agency to provide services required for the administration of criminal\n justice pursuant to that agreement which shall specifically authorize access\n to data, limit the use of data to purposes for which given, and ensure the\n security and confidentiality of the data;\n\n 4. Individuals and agencies for the express purpose of research, evaluative,\n or statistical activities pursuant to an agreement with a criminal justice\n agency that shall specifically authorize access to data, limit the use of data\n to research, evaluative, or statistical purposes, and ensure the\n confidentiality and security of the data;\n\n 5. Agencies of state or federal government that are authorized by state or\n federal statute or executive order of the President of the United States or\n Governor to conduct investigations determining employment suitability or\n eligibility for security clearances allowing access to classified information;\n\n 6. Individuals and agencies where authorized by court order or court rule;\n\n 7. Agencies of any political subdivision of the Commonwealth, public\n transportation companies owned, operated or controlled by any political\n subdivision, and any public service corporation that operates a public transit\n system owned by a local government for the conduct of investigations of\n applicants for employment, permit, or license whenever, in the interest of\n public welfare or safety, it is necessary to determine under a duly enacted\n ordinance if the past criminal conduct of a person with a conviction record\n would be compatible with the nature of the employment, permit, or license\n under consideration;\n \t\t\t\t7a. Commissions created pursuant to the Transportation District Act of\n 1964 (§ 33.2-1900 et seq.) of Title 33.2 and their contractors, for the\n conduct of investigations of individuals who have been offered a position of\n employment whenever, in the interest of public welfare or safety and as\n authorized in the Transportation District Act of 1964, it is necessary to\n determine if the past criminal conduct of a person with a conviction record\n would be compatible with the nature of the employment under consideration;\n\n 8. Public or private agencies when authorized or required by federal or state\n law or interstate compact to investigate (i) applicants for foster or adoptive\n parenthood or (ii) any individual, and the adult members of that\n individual’s household, with whom the agency is considering placing a\n child or from whom the agency is considering removing a child due to abuse or\n neglect, on an emergency, temporary, or permanent basis pursuant to\n §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the\n data shall not be further disseminated to any party other than a federal or\n state authority or court as may be required to comply with an express\n requirement of law;\n\n 9. To the extent permitted by federal law or regulation, public service\n companies as defined in § 56-1, for the conduct of investigations of\n applicants for employment when such employment involves personal contact with\n the public or when past criminal conduct of an applicant would be incompatible\n with the nature of the employment under consideration;\n\n 10. The appropriate authority for purposes of granting citizenship and for\n purposes of international travel, including, but not limited to, issuing visas\n and passports;\n\n 11. A person requesting a copy of his own criminal history record information\n as defined in § 9.1-101 at his cost, except that criminal history record\n information shall be supplied at no charge to a person who has applied to be a\n volunteer with (i) a Virginia affiliate of Big Brothers\/Big Sisters of\n America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families\n for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any\n Virginia affiliate of Compeer; or (vi) any board member or any individual who\n has been offered membership on the board of a Crime Stoppers, Crime Solvers or\n Crime Line program as defined in § 15.2-1713.1;\n\n 12. Administrators and board presidents of and applicants for licensure or\n registration as a child welfare agency as defined in § 63.2-100 for\n dissemination to the Commissioner of Social Services’ representative\n pursuant to § 63.2-1702 for the conduct of investigations with respect to\n employees of and volunteers at such facilities, caretakers, and foster and\n adoptive parent applicants of private child-placing agencies, pursuant to\n §§ 63.2-1719, 63.2-1720, and 63.2-1721, subject to the restriction\n that the data shall not be further disseminated by the facility or agency to\n any party other than the data subject, the Commissioner of Social\n Services’ representative or a federal or state authority or court as may\n be required to comply with an express requirement of law for such further\n dissemination; however, nothing in this subdivision shall be construed to\n prohibit the Commissioner of Social Services’ representative from\n issuing written certifications regarding the results of a background check\n that was conducted before July 1, 2021, in accordance with subsection J of\n § 22.1-289.035 or § 22.1-289.039;\n\n 13. Administrators and board presidents of and applicants for licensure as a\n prescribed pediatric extended care center for dissemination to the State\n Health Commissioner’s representative pursuant to §§\n 32.1-162.15:1.5 and 32.1-162.15:1.10 for the conduct of investigations with\n respect to employees of and volunteers at such centers, pursuant to §\n 32.1-162.15:1.17, subject to the restriction that the data shall not be\n further disseminated by the center to any party other than the data subject,\n the State Health Commissioner’s representative, or a federal or state\n authority or court as may be required to comply with an express requirement of\n law;\n\n 14. The Department of Social Services for the purpose of screening individuals\n as a condition of licensure, employment, volunteering, or providing services\n on a regular basis in a licensed child welfare agency pursuant to §§\n 63.2-1721 and 63.2-1726 or foster or adoptive home approved by a child-placing\n agency pursuant to § 63.2-901.1;\n\n 15. The school boards of the Commonwealth for the purpose of screening\n individuals who are offered or who accept public school employment and those\n current school board employees for whom a report of arrest has been made\n pursuant to § 19.2-83.1;\n\n 16. The Virginia Lottery for the conduct of investigations as set forth in the\n Virginia Lottery Law (§ 58.1-4000 et seq.) and casino gaming as set forth\n in Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, and the Department of\n Agriculture and Consumer Services for the conduct of investigations as set\n forth in Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title\n 18.2;\n\n 17. Licensed prescribed pediatric extended care centers for the conduct of\n investigations of applicants for compensated employment and volunteers in\n licensed prescribed pediatric extended care centers pursuant to §\n 32.1-162.15:1.17;\n\n 18. Licensed nursing homes, hospitals and home care organizations for the\n conduct of investigations of applicants for compensated employment in licensed\n nursing homes pursuant to § 32.1-126.01, hospital pharmacies pursuant to\n § 32.1-126.02, and home care organizations pursuant to §\n 32.1-162.9:1, subject to the limitations set out in subsection E;\n\n 19. Licensed assisted living facilities and licensed adult day centers for the\n conduct of investigations of applicants for compensated employment in licensed\n assisted living facilities and licensed adult day centers pursuant to §\n 63.2-1720, subject to the limitations set out in subsection F;\n\n 20. The Virginia Alcoholic Beverage Control Authority for the conduct of\n investigations as set forth in § 4.1-103.1;\n\n 21. The State Board of Elections and authorized officers and employees thereof\n and general registrars appointed pursuant to § 24.2-110 in the course of\n conducting necessary investigations with respect to voter registration,\n limited to any record of felony convictions;\n\n 22. The Commissioner of Behavioral Health and Developmental Services (the\n Commissioner) or his designees for individuals who are committed to the\n custody of or being evaluated by the Commissioner pursuant to §§\n 19.2-168.1, 19.2-169.1, 19.2-169.2, 19.2-169.5, 19.2-169.6, 19.2-182.2,\n 19.2-182.3, 19.2-182.8, and 19.2-182.9 where such information may be\n beneficial for the purpose of placement, evaluation, treatment, or discharge\n planning;\n\n 23. Any alcohol safety action program certified by the Commission on the\n Virginia Alcohol Safety Action Program for (i) interventions with first\n offenders under § 18.2-251 or (ii) services to offenders under §\n 18.2-51.4, 18.2-266, or 18.2-266.1;\n\n 24. Residential facilities for juveniles regulated or operated by the\n Department of Social Services, the Department of Education, or the Department\n of Behavioral Health and Developmental Services for the purpose of determining\n applicants’ fitness for employment or for providing volunteer or\n contractual services;\n\n 25. The Department of Behavioral Health and Developmental Services and\n facilities operated by the Department for the purpose of determining an\n individual’s fitness for employment pursuant to departmental\n instructions;\n\n 26. Pursuant to § 22.1-296.3, the governing boards or administrators of\n private elementary or secondary schools which are accredited pursuant to\n § 22.1-19 or a private organization coordinating such records information\n on behalf of such governing boards or administrators pursuant to a written\n agreement with the Department of State Police;\n\n 27. Public institutions of higher education and nonprofit private institutions\n of higher education for the purpose of screening individuals who are offered\n or accept employment;\n\n 28. Members of a threat assessment team established by a local school board\n pursuant to § 22.1-79.4, by a public institution of higher education\n pursuant to § 23.1-805, or by a private nonprofit institution of higher\n education, for the purpose of assessing or intervening with an individual\n whose behavior may present a threat to safety; however, no member of a threat\n assessment team shall redisclose any criminal history record information\n obtained pursuant to this section or otherwise use any record of an individual\n beyond the purpose that such disclosure was made to the threat assessment\n team;\n\n 29. Executive directors of community services boards or the personnel director\n serving the community services board for the purpose of determining an\n individual’s fitness for employment, approval as a sponsored residential\n service provider, permission to enter into a shared living arrangement with a\n person receiving medical assistance services pursuant to a waiver, or\n permission for any person under contract with the community services board to\n serve in a direct care position on behalf of the community services board\n pursuant to §§ 37.2-506, 37.2-506.1, and 37.2-607;\n\n 30. Executive directors of behavioral health authorities as defined in §\n 37.2-600 for the purpose of determining an individual’s fitness for\n employment, approval as a sponsored residential service provider, permission\n to enter into a shared living arrangement with a person receiving medical\n assistance services pursuant to a waiver, or permission for any person under\n contract with the behavioral health authority to serve in a direct care\n position on behalf of the behavioral health authority pursuant to §§\n 37.2-506, 37.2-506.1, and 37.2-607;\n\n 31. The Commissioner of Social Services for the purpose of locating persons\n who owe child support or who are alleged in a pending paternity proceeding to\n be a putative father, provided that only the name, address, demographics and\n social security number of the data subject shall be released;\n\n 32. Authorized officers or directors of agencies licensed pursuant to Article\n 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of\n Behavioral Health and Developmental Services for the purpose of determining if\n any applicant who accepts employment in any direct care position or requests\n approval as a sponsored residential service provider, permission to enter into\n a shared living arrangement with a person receiving medical assistance\n services pursuant to a waiver, or permission for any person under contract\n with the provider to serve in a direct care position has been convicted of a\n crime that affects his fitness to have responsibility for the safety and\n well-being of individuals with mental illness, intellectual disability, or\n substance abuse pursuant to §§ 37.2-416, 37.2-416.1, 37.2-506,\n 37.2-506.1, and 37.2-607;\n\n 33. The Commissioner of the Department of Motor Vehicles, for the purpose of\n evaluating applicants for and holders of a motor carrier certificate or\n license subject to the provisions of Chapters 20 (§ 46.2-2000 et seq.)\n and 21 (§ 46.2-2100 et seq.) of Title 46.2;\n\n 34. The Chairman of the Senate Committee for Courts of Justice or the Chairman\n of the House Committee for Courts of Justice for the purpose of determining if\n any person being considered for election to any judgeship has been convicted\n of a crime;\n\n 35. Heads of state agencies in which positions have been identified as\n sensitive for the purpose of determining an individual’s fitness for\n employment in positions designated as sensitive under Department of Human\n Resource Management policies developed pursuant to § 2.2-1201.1;\n\n 36. The Office of the Attorney General, for all criminal justice activities\n otherwise permitted under subdivision A 1 and for purposes of performing\n duties required by the Civil Commitment of Sexually Violent Predators Act\n (§ 37.2-900 et seq.);\n\n 37. Shipyards, to the extent permitted by federal law or regulation, engaged\n in the design, construction, overhaul, or repair of nuclear vessels for the\n United States Navy, including their subsidiary companies, for the conduct of\n investigations of applications for employment or for access to facilities, by\n contractors, leased laborers, and other visitors;\n\n 38. Any employer of individuals whose employment requires that they enter the\n homes of others, for the purpose of screening individuals who apply for, are\n offered, or have accepted such employment;\n\n 39. Public agencies when and as required by federal or state law to\n investigate (i) applicants as providers of adult foster care and home-based\n services or (ii) any individual with whom the agency is considering placing an\n adult on an emergency, temporary, or permanent basis pursuant to §\n 63.2-1601.1, subject to the restriction that the data shall not be further\n disseminated by the agency to any party other than a federal or state\n authority or court as may be required to comply with an express requirement of\n law for such further dissemination, subject to limitations set out in\n subsection G;\n\n 40. The Department of Medical Assistance Services, or its designee, for the\n purpose of screening individuals who, through contracts, subcontracts, or\n direct employment, volunteer, apply for, are offered, or have accepted a\n position related to the provision of transportation services to enrollees in\n the Medicaid Program or the Family Access to Medical Insurance Security\n (FAMIS) Program, or any other program administered by the Department of\n Medical Assistance Services;\n\n 41. The State Corporation Commission for the purpose of investigating\n individuals who are current or proposed members, senior officers, directors,\n and principals of an applicant or person licensed under Chapter 16 (§\n 6.2-1600 et seq.), Chapter 19.1 (§6.2-1922 et seq.), or Chapter 26\n (§ 6.2-2600 et seq.) of Title 6.2. Notwithstanding any other provision of\n law, if an application is denied based in whole or in part on information\n obtained from the Central Criminal Records Exchange pursuant to Chapter 16,\n 19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his\n designee may disclose such information to the applicant or its designee;\n\n 42. The Department of Professional and Occupational Regulation for the purpose\n of investigating individuals for initial licensure pursuant to §\n 54.1-2106.1;\n\n 43. The Department for Aging and Rehabilitative Services and the Department\n for the Blind and Vision Impaired for the purpose of evaluating an\n individual’s fitness for various types of employment and for the purpose\n of delivering comprehensive vocational rehabilitation services pursuant to\n Article 11 (§ 51.5-170 et seq.) of Chapter 14 of Title 51.5 that will\n assist the individual in obtaining employment;\n\n 44. Bail bondsmen, in accordance with the provisions of § 19.2-120;\n\n 45. The State Treasurer for the purpose of determining whether a person\n receiving compensation for wrongful incarceration meets the conditions for\n continued compensation under § 8.01-195.12;\n\n 46. The Department of Education or its agents or designees for the purpose of\n screening individuals seeking to enter into a contract with the Department of\n Education or its agents or designees for the provision of child care services\n for which child care subsidy payments may be provided;\n\n 47. The Department of Juvenile Justice to investigate any parent, guardian, or\n other adult members of a juvenile’s household when completing a\n predispositional or postdispositional report required by § 16.1-273 or a\n Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233;\n\n 48. The State Corporation Commission, for the purpose of screening applicants\n for insurance licensure under Chapter 18 (§ 38.2-1800 et seq.) of Title\n 38.2;\n\n 49. Administrators and board presidents of and applicants for licensure or\n registration as a child day program or family day system, as such terms are\n defined in § 22.1-289.02, for dissemination to the Superintendent of\n Public Instruction’s representative pursuant to § 22.1-289.013 for\n the conduct of investigations with respect to employees of and volunteers at\n such facilities pursuant to §§ 22.1-289.034 through 22.1-289.037,\n subject to the restriction that the data shall not be further disseminated by\n the facility or agency to any party other than the data subject, the\n Superintendent of Public Instruction’s representative, or a federal or\n state authority or court as may be required to comply with an express\n requirement of law for such further dissemination; however, nothing in this\n subdivision shall be construed to prohibit the Superintendent of Public\n Instruction’s representative from issuing written certifications\n regarding the results of prior background checks in accordance with subsection\n J of § 22.1-289.035 or § 22.1-289.039;\n\n 50. The National Center for Missing and Exploited Children for the purpose of\n screening individuals who are offered or accept employment or will be\n providing volunteer or contractual services with the National Center for\n Missing and Exploited Children;\n\n 51. The Executive Director or investigators of the Board of Accountancy for\n the purpose of the enforcement of laws relating to the Board of Accountancy in\n accordance with § 54.1-4407; and\n\n 52. Other entities as otherwise provided by law.\n \t\t\t\tUpon an ex parte motion of a defendant in a felony case and upon the\n showing that the records requested may be relevant to such case, the court\n shall enter an order requiring the Central Criminal Records Exchange to\n furnish the defendant, as soon as practicable, copies of any records of\n persons designated in the order on whom a report has been made under the\n provisions of this chapter.\n \t\t\t\tNotwithstanding any other provision of this chapter to the contrary, upon\n a written request sworn to before an officer authorized to take\n acknowledgments, the Central Criminal Records Exchange, or the criminal\n justice agency in cases of offenses not required to be reported to the\n Exchange, shall furnish a copy of conviction data covering the person named in\n the request to the person making the request; however, such person on whom the\n data is being obtained shall consent in writing, under oath, to the making of\n such request. A person receiving a copy of his own conviction data may utilize\n or further disseminate that data as he deems appropriate. In the event no\n conviction data is maintained on the data subject, the person making the\n request shall be furnished at his cost a certification to that effect.\n\nB. Use of criminal history record information disseminated to noncriminal\njustice agencies under this section shall be limited to the purposes for which\nit was given and may not be disseminated further, except as otherwise provided\nin subdivision A 49.\n\nC. No criminal justice agency or person shall confirm the existence or\nnonexistence of criminal history record information for employment or licensing\ninquiries except as provided by law.\n\nD. Criminal justice agencies shall establish procedures to query the Central\nCriminal Records Exchange prior to dissemination of any criminal history record\ninformation on offenses required to be reported to the Central Criminal Records\nExchange to ensure that the most up-to-date disposition data is being used.\nInquiries of the Exchange shall be made prior to any dissemination except in\nthose cases where time is of the essence and the normal response time of the\nExchange would exceed the necessary time period. A criminal justice agency to\nwhom a request has been made for the dissemination of criminal history record\ninformation that is required to be reported to the Central Criminal Records\nExchange may direct the inquirer to the Central Criminal Records Exchange for\nsuch dissemination. Dissemination of information regarding offenses not required\nto be reported to the Exchange shall be made by the criminal justice agency\nmaintaining the record as required by § 15.2-1722.\n\nE. Criminal history information provided to licensed nursing homes, hospitals\nand to home care organizations pursuant to subdivision A 18 shall be limited to\nthe convictions on file with the Exchange for any offense specified in\n§§ 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.\n\nF. Criminal history information provided to licensed assisted living facilities\nand licensed adult day centers pursuant to subdivision A 19 shall be limited to\nthe convictions on file with the Exchange for any offense specified in §\n63.2-1720.\n\nG. Criminal history information provided to public agencies pursuant to\nsubdivision A 39 shall be limited to the convictions on file with the Exchange\nfor any offense set forth in clause (i) of the definition of barrier crime in\n§ 19.2-392.02.\n\nH. Upon receipt of a written request from an employer or prospective employer,\nthe Central Criminal Records Exchange, or the criminal justice agency in cases\nof offenses not required to be reported to the Exchange, shall furnish at the\nemployer’s cost a copy of conviction data covering the person named in the\nrequest to the employer or prospective employer making the request, provided\nthat the person on whom the data is being obtained has consented in writing to\nthe making of such request and has presented a photo-identification to the\nemployer or prospective employer. In the event no conviction data is maintained\non the person named in the request, the requesting employer or prospective\nemployer shall be furnished at his cost a certification to that effect. The\ncriminal history record search shall be conducted on forms provided by the\nExchange.\n\nI. The attorney for the Commonwealth shall provide a physical or electronic copy\nof a person’s criminal history record information, including criminal\nhistory record information maintained in the National Crime Information Center\n(NCIC) and the Interstate Identification Index System (III System) that is in\nhis possession, pursuant to the rules of court for obtaining discovery or for\nreview by the court. No criminal history record information provided under this\nsubsection shall be disseminated further.\n\nHISTORY: Code 1950, \u00a7 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118;\n1975, c. 495; 1976, c. 771; 1977, c. 626; 1978, c. 350; 1979, c. 480; 1981, c.\n207; 1985, c. 360; 1987, cc. 130, 131; 1988, c. 851; 1989, c. 544; 1990, c. 766;\n1991, c. 342; 1992, cc. 422, 641, 718, 746, 791, 844; 1993, cc. 48, 313, 348;\n1994, cc. 34, 670, 700, 830; 1995, cc. 409, 645, 731, 781, 809; 1996, cc. 428,\n432, 747, 881, 927, 944; 1997, cc. 169, 177, 606, 691, 721, 743, 796, 895; 1998,\ncc. 113, 405, 445, 882; 1999, cc. 383, 685; 2001, cc. 552, 582; 2002, cc. 370,\n587, 606; 2003, c. 731; 2005, cc. 149, 914, 928; 2006, cc. 257, 277, 644; 2007,\ncc. 12, 361, 495, 572; 2008, cc. 387, 689, 863; 2009, cc. 667, 813, 840; 2010,\ncc. 189, 340, 406, 456, 524, 563, 862; 2011, cc. 432, 449; 2012, cc. 40, 189,\n386, 476, 507, 803, 835; 2013, cc. 165, 176, 261, 407, 491, 582; 2014, cc. 225,\n454; 2015, cc. 38, 343, 540, 730, 758, 770; 2016, cc. 454, 554, 574; 2017, cc.\n421, 431, 809; 2018, c. 49; 2019, c. 675; 2020, cc. 2, 529, 860, 861, 1197,\n1198, 1248, 1250; 2021, Sp. Sess. I, cc. 251, 463, 475, 510; 2023, cc. 42, 43,\n236, 651; 2024, cc. 37, 150, 526, 654, 677; 2025, cc. 214, 451, 543, 556.","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}}