{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2812.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2812.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2812.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2812.1.html"}],"law_id":79679,"edition_id":1,"section_id":79679,"structure_id":14612,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","history":"2020, c. 422.","full_text":"A\n\nAs used in this section:\n\t\t\t“Conviction” means any adjudication that an individual committed a crime, any finding of guilt after a criminal trial by a court of competent jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.\n\t\t\t“Staff interview” means any interview of a prospective employee for a job by current state agency staff.\n\t\t\t“State agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government.B\n\nNo state agency shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. This prohibition shall not apply to any employment-related applications or questionnaires provided during or after a staff interview.C\n\nNo state agency shall inquire whether a prospective employee has ever been arrested for, charged with, or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee.D\n\nNothing in this section shall prevent a state agency from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime.E\n\nThe prohibition in this section shall not apply to positions designated as sensitive pursuant to § 2.2-1201.1, to law-enforcement agency positions or positions related to law-enforcement agencies, or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purposes pursuant to any provision of federal or state law.","order_by":null,"text":{"0":{"id":285471,"text":"As used in this section:\n\t\t\t“Conviction” means any adjudication that an individual committed a crime, any finding of guilt after a criminal trial by a court of competent jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.\n\t\t\t“Staff interview” means any interview of a prospective employee for a job by current state agency staff.\n\t\t\t“State agency” means any authority, board, department, instrumentality, institution, agency, or other unit of state government.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285472,"text":"No state agency shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. This prohibition shall not apply to any employment-related applications or questionnaires provided during or after a staff interview.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285473,"text":"No state agency shall inquire whether a prospective employee has ever been arrested for, charged with, or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285474,"text":"Nothing in this section shall prevent a state agency from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285475,"text":"The prohibition in this section shall not apply to positions designated as sensitive pursuant to § 2.2-1201.1, to law-enforcement agency positions or positions related to law-enforcement agencies, or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests or charges for employment purposes pursuant to any provision of federal or state law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14612,"edition_id":1,"name":"General Provisions","identifier":"28","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 03:48:55","permalink":{"id":175735,"object_type":"structure","relational_id":14612,"identifier":"28","token":"2.2\/I\/E\/28","url":"\/2.2\/I\/E\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","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":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},{"id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","metadata":false},{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},{"id":83200,"structure_id":14612,"section_number":"2.2-2803","catch_line":"Exception as to public officer or employee serving in the Selective Service System of the United States","url":"\/2.2-2803\/","token":"2.2\/I\/E\/28\/2.2-2803","metadata":false},{"id":86431,"structure_id":14612,"section_number":"2.2-2804","catch_line":"Selective Service compliance","url":"\/2.2-2804\/","token":"2.2\/I\/E\/28\/2.2-2804","metadata":false},{"id":69867,"structure_id":14612,"section_number":"2.2-2805","catch_line":"Members of armed forces; reserve forces","url":"\/2.2-2805\/","token":"2.2\/I\/E\/28\/2.2-2805","metadata":false},{"id":83533,"structure_id":14612,"section_number":"2.2-2806","catch_line":"Holding other office by officers of state institutions","url":"\/2.2-2806\/","token":"2.2\/I\/E\/28\/2.2-2806","metadata":false},{"id":74638,"structure_id":14612,"section_number":"2.2-2807","catch_line":"Prohibition against holding two elected offices simultaneously; exceptions","url":"\/2.2-2807\/","token":"2.2\/I\/E\/28\/2.2-2807","metadata":false},{"id":66395,"structure_id":14612,"section_number":"2.2-2808","catch_line":"Acts under color of office; contracts in violation of chapter","url":"\/2.2-2808\/","token":"2.2\/I\/E\/28\/2.2-2808","metadata":false},{"id":75253,"structure_id":14612,"section_number":"2.2-2809","catch_line":"Bonds of certain officers required; condition","url":"\/2.2-2809\/","token":"2.2\/I\/E\/28\/2.2-2809","metadata":false},{"id":69613,"structure_id":14612,"section_number":"2.2-2810","catch_line":"Premiums on such bonds","url":"\/2.2-2810\/","token":"2.2\/I\/E\/28\/2.2-2810","metadata":false},{"id":58498,"structure_id":14612,"section_number":"2.2-2811","catch_line":"Where bonds filed","url":"\/2.2-2811\/","token":"2.2\/I\/E\/28\/2.2-2811","metadata":false},{"id":73283,"structure_id":14612,"section_number":"2.2-2812","catch_line":"Employment of personnel","url":"\/2.2-2812\/","token":"2.2\/I\/E\/28\/2.2-2812","metadata":false},{"id":79679,"structure_id":14612,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","metadata":false},{"id":71377,"structure_id":14612,"section_number":"2.2-2813","catch_line":"Definitions; compensation and expense payments from state funds for service on collegial bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},{"id":72502,"structure_id":14612,"section_number":"2.2-2814","catch_line":"How salaries, expenses and other allowances paid; time of payment","url":"\/2.2-2814\/","token":"2.2\/I\/E\/28\/2.2-2814","metadata":false},{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},{"id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred","url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","metadata":false},{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},{"id":85515,"structure_id":14612,"section_number":"2.2-2817.1","catch_line":"State agencies to establish alternative work schedules; reporting requirement","url":"\/2.2-2817.1\/","token":"2.2\/I\/E\/28\/2.2-2817.1","metadata":false},{"id":61045,"structure_id":14612,"section_number":"2.2-2817.2","catch_line":"Employees of the University of Virginia Medical Center","url":"\/2.2-2817.2\/","token":"2.2\/I\/E\/28\/2.2-2817.2","metadata":false},{"id":68317,"structure_id":14612,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","url":"\/2.2-2818\/","token":"2.2\/I\/E\/28\/2.2-2818","metadata":false},{"id":80971,"structure_id":14612,"section_number":"2.2-2818.01","catch_line":"Employer contributions","url":"\/2.2-2818.01\/","token":"2.2\/I\/E\/28\/2.2-2818.01","metadata":false},{"id":76713,"structure_id":14612,"section_number":"2.2-2818.1","catch_line":"Supplemental health insurance coverage; state employees eligible for military health insurance coverage","url":"\/2.2-2818.1\/","token":"2.2\/I\/E\/28\/2.2-2818.1","metadata":false},{"id":64235,"structure_id":14612,"section_number":"2.2-2818.2","catch_line":"Application of mandates to the state employee health insurance plan","url":"\/2.2-2818.2\/","token":"2.2\/I\/E\/28\/2.2-2818.2","metadata":false},{"id":77915,"structure_id":14612,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","url":"\/2.2-2819\/","token":"2.2\/I\/E\/28\/2.2-2819","metadata":false},{"id":56145,"structure_id":14612,"section_number":"2.2-2820","catch_line":"Purchase of health insurance coverage by part-time state employees","url":"\/2.2-2820\/","token":"2.2\/I\/E\/28\/2.2-2820","metadata":false},{"id":83527,"structure_id":14612,"section_number":"2.2-2820.1","catch_line":"Repealed","url":"\/2.2-2820.1\/","token":"2.2\/I\/E\/28\/2.2-2820.1","metadata":false},{"id":76045,"structure_id":14612,"section_number":"2.2-2821","catch_line":"Workers' compensation insurance plan for state employees trust fund for payment of claims","url":"\/2.2-2821\/","token":"2.2\/I\/E\/28\/2.2-2821","metadata":false},{"id":82554,"structure_id":14612,"section_number":"2.2-2821.1","catch_line":"Leave for bone marrow or organ donation","url":"\/2.2-2821.1\/","token":"2.2\/I\/E\/28\/2.2-2821.1","metadata":false},{"id":66004,"structure_id":14612,"section_number":"2.2-2821.2","catch_line":"Leave for volunteer fire and volunteer emergency medical services","url":"\/2.2-2821.2\/","token":"2.2\/I\/E\/28\/2.2-2821.2","metadata":false},{"id":82416,"structure_id":14612,"section_number":"2.2-2821.3","catch_line":"Leave for volunteer members of Civil Air Patrol","url":"\/2.2-2821.3\/","token":"2.2\/I\/E\/28\/2.2-2821.3","metadata":false},{"id":64304,"structure_id":14612,"section_number":"2.2-2822","catch_line":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","url":"\/2.2-2822\/","token":"2.2\/I\/E\/28\/2.2-2822","metadata":false},{"id":60037,"structure_id":14612,"section_number":"2.2-2823","catch_line":"Traveling expenses on state business; public or private transportation","url":"\/2.2-2823\/","token":"2.2\/I\/E\/28\/2.2-2823","metadata":false},{"id":86427,"structure_id":14612,"section_number":"2.2-2824","catch_line":"Monitoring travel expenses while on state business","url":"\/2.2-2824\/","token":"2.2\/I\/E\/28\/2.2-2824","metadata":false},{"id":73173,"structure_id":14612,"section_number":"2.2-2825","catch_line":"Reimbursement for certain travel expenditures; restrictions on reimbursement","url":"\/2.2-2825\/","token":"2.2\/I\/E\/28\/2.2-2825","metadata":false},{"id":86361,"structure_id":14612,"section_number":"2.2-2826","catch_line":"Travel expense accounts; review by Comptroller","url":"\/2.2-2826\/","token":"2.2\/I\/E\/28\/2.2-2826","metadata":false},{"id":66971,"structure_id":14612,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","url":"\/2.2-2827\/","token":"2.2\/I\/E\/28\/2.2-2827","metadata":false},{"id":72066,"structure_id":14612,"section_number":"2.2-2828","catch_line":"Repealed","url":"\/2.2-2828\/","token":"2.2\/I\/E\/28\/2.2-2828","metadata":false},{"id":68011,"structure_id":14612,"section_number":"2.2-2829","catch_line":"Disappearance of public officer; when office presumed vacant","url":"\/2.2-2829\/","token":"2.2\/I\/E\/28\/2.2-2829","metadata":false},{"id":74132,"structure_id":14612,"section_number":"2.2-2830","catch_line":"Governor to fill vacancy in any state office where no other provision is made by law; term of appointment; benefits","url":"\/2.2-2830\/","token":"2.2\/I\/E\/28\/2.2-2830","metadata":false},{"id":76461,"structure_id":14612,"section_number":"2.2-2831","catch_line":"Payment of severance benefits; exceptions","url":"\/2.2-2831\/","token":"2.2\/I\/E\/28\/2.2-2831","metadata":false},{"id":75582,"structure_id":14612,"section_number":"2.2-2832","catch_line":"Retaliatory actions against persons providing testimony before a committee or subcommittee of the General Assembly","url":"\/2.2-2832\/","token":"2.2\/I\/E\/28\/2.2-2832","metadata":false},{"id":78628,"structure_id":14612,"section_number":"2.2-2833","catch_line":"Possession of naloxone or other opioid antagonists by state agencies","url":"\/2.2-2833\/","token":"2.2\/I\/E\/28\/2.2-2833","metadata":false}],"previous_section":{"id":73283,"structure_id":14612,"section_number":"2.2-2812","catch_line":"Employment of personnel","url":"\/2.2-2812\/","token":"2.2\/I\/E\/28\/2.2-2812","metadata":false},"next_section":{"id":71377,"structure_id":14612,"section_number":"2.2-2813","catch_line":"Definitions; compensation and expense payments from state funds for service on collegial bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2812.1\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 422<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":55235,"section_number":"2.2-1201.1","catch_line":"Criminal background checks for certain positions","order_by":null,"url":"\/2.2-1201.1\/"}],"permalink":{"id":175789,"object_type":"law","relational_id":79679,"identifier":"2.2-2812.1","token":"2.2\/I\/E\/28\/2.2-2812.1","url":"\/2.2-2812.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","dublin_core":{"Title":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2812.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Conviction<\/span>” means any adjudication that an individual committed a crime<\/span>, any finding<\/span> of guilt after a criminal trial<\/span> by a court<\/span> of competent jurisdiction<\/span>, or any plea<\/span> of guilty or nolo contendere<\/span> to a criminal charge.\n\t\t\t“Staff interview<\/span>” means any interview of a prospective employee for a job by current state agency<\/span> staff.\n\t\t\t“State agency<\/span>” means any authority, board, department, instrumentality, institution, agency, or other unit of state government. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No state agency<\/span> shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime<\/span>. This prohibition shall not apply to any employment-related applications or questionnaires provided during or after a staff interview<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No state agency<\/span> shall inquire whether a prospective employee has ever been arrested for, charged with, or convicted of any crime<\/span> unless the inquiry takes place during or after a staff interview<\/span> of the prospective employee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall prevent a state agency<\/span> from considering information received during or after a staff interview<\/span> pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The prohibition in this section shall not apply to positions designated as sensitive pursuant to § 2.2-1201.1<\/a>, to law<\/span>-enforcement agency positions or positions related to law<\/span>-enforcement agencies, or to state agencies that are expressly permitted to inquire into an individual’s criminal arrests<\/span> or charges for employment purposes pursuant to any provision of federal or state law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSTATE AGENCIES PROHIBITED FROM INQUIRING ABOUT ARRESTS, CHARGES, OR CONVICTIONS\nON EMPLOYMENT APPLICATIONS; EXCEPTIONS (\u00a7 2.2-2812.1)\n\nA. As used in this section:\n\t\t\t“Conviction” means any adjudication that an individual committed\na crime, any finding of guilt after a criminal trial by a court of competent\njurisdiction, or any plea of guilty or nolo contendere to a criminal charge.\n\t\t\t“Staff interview” means any interview of a prospective employee\nfor a job by current state agency staff.\n\t\t\t“State agency” means any authority, board, department,\ninstrumentality, institution, agency, or other unit of state government.\n\nB. No state agency shall request a prospective employee to complete an\napplication for employment that includes a question inquiring whether the\nprospective employee has ever been arrested for, charged with, or convicted of\nany crime. This prohibition shall not apply to any employment-related\napplications or questionnaires provided during or after a staff interview.\n\nC. No state agency shall inquire whether a prospective employee has ever been\narrested for, charged with, or convicted of any crime unless the inquiry takes\nplace during or after a staff interview of the prospective employee.\n\nD. Nothing in this section shall prevent a state agency from considering\ninformation received during or after a staff interview pertaining to a\nprospective employee having been arrested for, charged with, or convicted of any\ncrime.\n\nE. The prohibition in this section shall not apply to positions designated as\nsensitive pursuant to § 2.2-1201.1, to law-enforcement agency positions or\npositions related to law-enforcement agencies, or to state agencies that are\nexpressly permitted to inquire into an individual’s criminal arrests or\ncharges for employment purposes pursuant to any provision of federal or state\nlaw.\n\nHISTORY: 2020, c. 422.","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}}