{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1201.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1201.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1201.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1201.1.html"}],"law_id":55235,"edition_id":1,"section_id":55235,"structure_id":14104,"section_number":"2.2-1201.1","catch_line":"Criminal background checks for certain positions","history":"2003, c. 731; 2017, cc. 421, 431.","full_text":"The Department shall develop a statewide personnel policy for designating positions within each state agency as sensitive. Such policy shall provide that a state agency require any employee, contractor, or final candidate for employment in a position that has been designated as sensitive to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding such individual.\n\t\tEach state agency shall continue to record positions designated as sensitive in the Personnel Management Information System (PMIS) to ensure that the Department has a list of all such positions. For purposes of this section, “sensitive positions” shall include those positions:\n\n1\n\nResponsible for the health, safety, and welfare of citizens or the protection of critical infrastructures;2\n\nThat have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and3\n\nThat are otherwise required by state or federal law to be designated as sensitive.","order_by":null,"text":{"0":{"id":202528,"text":"The Department shall develop a statewide personnel policy for designating positions within each state agency as sensitive. Such policy shall provide that a state agency require any employee, contractor, or final candidate for employment in a position that has been designated as sensitive to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding such individual.\n\t\tEach state agency shall continue to record positions designated as sensitive in the Personnel Management Information System (PMIS) to ensure that the Department has a list of all such positions. For purposes of this section, “sensitive positions” shall include those positions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":202529,"text":"Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructures;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":202530,"text":"That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":202531,"text":"That are otherwise required by state or federal law to be designated as sensitive.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":14104,"edition_id":1,"name":"Department of Human Resource Management","identifier":"12","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":172859,"object_type":"structure","relational_id":14104,"identifier":"12","token":"2.2\/I\/C\/12","url":"\/2.2\/I\/C\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82177,"structure_id":14104,"section_number":"2.2-1200","catch_line":"Department of Human Resource Management created; Director","url":"\/2.2-1200\/","token":"2.2\/I\/C\/12\/2.2-1200","metadata":false},{"id":75472,"structure_id":14104,"section_number":"2.2-1201","catch_line":"Duties of Department; Director","url":"\/2.2-1201\/","token":"2.2\/I\/C\/12\/2.2-1201","metadata":false},{"id":55235,"structure_id":14104,"section_number":"2.2-1201.1","catch_line":"Criminal background checks for certain positions","url":"\/2.2-1201.1\/","token":"2.2\/I\/C\/12\/2.2-1201.1","metadata":false},{"id":56381,"structure_id":14104,"section_number":"2.2-1202","catch_line":"Review of employee compensation; biennial report on employee recruitment and retention","url":"\/2.2-1202\/","token":"2.2\/I\/C\/12\/2.2-1202","metadata":false},{"id":80462,"structure_id":14104,"section_number":"2.2-1202.1","catch_line":"Additional powers and duties of Director; employment dispute resolution","url":"\/2.2-1202.1\/","token":"2.2\/I\/C\/12\/2.2-1202.1","metadata":false},{"id":64992,"structure_id":14104,"section_number":"2.2-1203","catch_line":"Certain information not to be made public","url":"\/2.2-1203\/","token":"2.2\/I\/C\/12\/2.2-1203","metadata":false},{"id":64954,"structure_id":14104,"section_number":"2.2-1204","catch_line":"Health insurance program for employees of local governments, local officers, teachers, etc.; definitions","url":"\/2.2-1204\/","token":"2.2\/I\/C\/12\/2.2-1204","metadata":false},{"id":56132,"structure_id":14104,"section_number":"2.2-1205","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired local law-enforcement officer, firefighter, etc., through the Department","url":"\/2.2-1205\/","token":"2.2\/I\/C\/12\/2.2-1205","metadata":false},{"id":81711,"structure_id":14104,"section_number":"2.2-1206","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active local law-enforcement officer, firefighter, etc., through a plan sponsor","url":"\/2.2-1206\/","token":"2.2\/I\/C\/12\/2.2-1206","metadata":false},{"id":86863,"structure_id":14104,"section_number":"2.2-1207","catch_line":"Long-term care insurance program for employees of local governments, local officers, and teachers","url":"\/2.2-1207\/","token":"2.2\/I\/C\/12\/2.2-1207","metadata":false},{"id":83254,"structure_id":14104,"section_number":"2.2-1208","catch_line":"Long-term care insurance","url":"\/2.2-1208\/","token":"2.2\/I\/C\/12\/2.2-1208","metadata":false},{"id":87418,"structure_id":14104,"section_number":"2.2-1209","catch_line":"Agency director human resource training and agency succession planning","url":"\/2.2-1209\/","token":"2.2\/I\/C\/12\/2.2-1209","metadata":false},{"id":64782,"structure_id":14104,"section_number":"2.2-1210","catch_line":"Parental leave","url":"\/2.2-1210\/","token":"2.2\/I\/C\/12\/2.2-1210","metadata":false},{"id":62084,"structure_id":14104,"section_number":"2.2-1211","catch_line":"Required diversity and cultural competency training","url":"\/2.2-1211\/","token":"2.2\/I\/C\/12\/2.2-1211","metadata":false},{"id":77375,"structure_id":14104,"section_number":"2.2-1212","catch_line":"Required online safety and disaster awareness training","url":"\/2.2-1212\/","token":"2.2\/I\/C\/12\/2.2-1212","metadata":false},{"id":64974,"structure_id":14104,"section_number":"2.2-1213","catch_line":"Alternative application for employment for persons with a disability; report","url":"\/2.2-1213\/","token":"2.2\/I\/C\/12\/2.2-1213","metadata":false},{"id":80651,"structure_id":14104,"section_number":"2.2-1214","catch_line":"Hiring on the basis of direct experience","url":"\/2.2-1214\/","token":"2.2\/I\/C\/12\/2.2-1214","metadata":false}],"previous_section":{"id":75472,"structure_id":14104,"section_number":"2.2-1201","catch_line":"Duties of Department; Director","url":"\/2.2-1201\/","token":"2.2\/I\/C\/12\/2.2-1201","metadata":false},"next_section":{"id":56381,"structure_id":14104,"section_number":"2.2-1202","catch_line":"Review of employee compensation; biennial report on employee recruitment and retention","url":"\/2.2-1202\/","token":"2.2\/I\/C\/12\/2.2-1202","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1201.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 731<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2017, chapters 421<\/a> and 431<\/a>.<\/p>","references":[{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":79679,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","order_by":null,"url":"\/2.2-2812.1\/"}],"refers_to":false,"permalink":{"id":172869,"object_type":"law","relational_id":55235,"identifier":"2.2-1201.1","token":"2.2\/I\/C\/12\/2.2-1201.1","url":"\/2.2-1201.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1201.1\/","token":"2.2\/I\/C\/12\/2.2-1201.1","dublin_core":{"Title":"Criminal background checks for certain positions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1201.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department shall develop a statewide personnel policy for designating positions within each state agency<\/span> as sensitive. Such policy shall provide that a state agency<\/span> require any employee, contractor, or final candidate for employment in a position that has been designated as sensitive to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant’s fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history information regarding such individual.\n\t\tEach state agency<\/span> shall continue to record positions designated as sensitive in the Personnel Management Information System (PMIS) to ensure that the Department has a list of all such positions. For purposes of this section, “sensitive positions<\/span>” shall include those positions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That are otherwise required by state or federal law<\/span> to be designated as sensitive. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL BACKGROUND CHECKS FOR CERTAIN POSITIONS (\u00a7 2.2-1201.1)\n\nThe Department shall develop a statewide personnel policy for designating\npositions within each state agency as sensitive. Such policy shall provide that\na state agency require any employee, contractor, or final candidate for\nemployment in a position that has been designated as sensitive to submit to\nfingerprinting and to provide personal descriptive information to be forwarded\nalong with the applicant’s fingerprints through the Central Criminal\nRecords Exchange to the Federal Bureau of Investigation for the purpose of\nobtaining criminal history information regarding such individual.\n\t\tEach state agency shall continue to record positions designated as sensitive\nin the Personnel Management Information System (PMIS) to ensure that the\nDepartment has a list of all such positions. For purposes of this section,\n“sensitive positions” shall include those positions:\n\n1. Responsible for the health, safety, and welfare of citizens or the protection\nof critical infrastructures;\n\n2. That have access to sensitive information, including access to federal tax\ninformation in approved exchange agreements with the Internal Revenue Service or\nSocial Security Administration; and\n\n3. That are otherwise required by state or federal law to be designated as\nsensitive.\n\nHISTORY: 2003, c. 731; 2017, cc. 421, 431.","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}}