{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-314.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-314.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-314.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-314.html"}],"law_id":75182,"edition_id":1,"section_id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","history":"1996, cc. 881, 927, \u00a7 37.1-20.3; 1999, c. 685; 2005, c. 716; 2012, cc. 383, 476, 507; 2017, c. 809; 2020, c. 1092; 2021, Sp. Sess. I, c. 188; 2023, cc. 138, 139; 2024, cc. 651, 683; 2025, c. 380.","full_text":"A\n\nAs used in this section, “peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.B\n\nAs a condition of employment, the Department shall require any applicant who (i) accepts a position of employment at a state facility and was not employed by that state facility prior to July 1, 1996, or (ii) accepts a position with the Department that receives, monitors, or disburses funds of the Commonwealth and was not employed by the Department prior to July 1, 1996, to submit to fingerprinting and 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 (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.C\n\nFor purposes of clause (i) of subsection B, the Department shall not hire for compensated employment persons who have been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.D\n\nNotwithstanding the provisions of subsection C, the Department may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.E\n\nNotwithstanding the provisions of subsection C, the Department may hire for compensated employment at an adult substance abuse or adult mental health treatment program a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first offense misdemeanor violation of § 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsection H1 or H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the Department determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the Department may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the Department determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.F\n\nThe Department and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsection E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:1\n\nShall have completed all prison or jail terms; shall not be under probation or parole supervision; shall have no pending charges in any locality; shall have paid all fines, restitution, and court costs for any prior convictions; and shall have been free of parole or probation for at least five years for all convictions; or2\n\nIf the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the Department or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the Department decides to pay the cost.G\n\nThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report or record to the state facility or to the Department. If an applicant is denied employment because of information appearing on his criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the state facility or Department shall not be disseminated except as provided in this section.H\n\nThose applicants listed in clause (i) of subsection B also shall provide to the state facility or Department a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on them.I\n\nThe Board may adopt regulations to comply with the provisions of this section. Copies of any information received by the state facility or Department pursuant to this section shall be available to the Department and to the applicable state facility but shall not be disseminated further, except as permitted by state or federal law. The cost of obtaining the criminal history record and the central registry information shall be borne by the applicant, unless the Department or state facility decides to pay the cost.","order_by":null,"text":{"0":{"id":269965,"text":"As used in this section, “peer recovery specialist” means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269966,"text":"As a condition of employment, the Department shall require any applicant who (i) accepts a position of employment at a state facility and was not employed by that state facility prior to July 1, 1996, or (ii) accepts a position with the Department that receives, monitors, or disburses funds of the Commonwealth and was not employed by the Department prior to July 1, 1996, to submit to fingerprinting and 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 (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269967,"text":"For purposes of clause (i) of subsection B, the Department shall not hire for compensated employment persons who have been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269968,"text":"Notwithstanding the provisions of subsection C, the Department may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of § 18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":269969,"text":"Notwithstanding the provisions of subsection C, the Department may hire for compensated employment at an adult substance abuse or adult mental health treatment program a person who was convicted of any violation of § 18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first offense misdemeanor violation of § 18.2-57.2; any violation of § 18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of § 18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsection H1 or H2 of § 18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the Department determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history. In addition, where the employment at an adult substance abuse treatment program is as a peer recovery specialist, the Department may hire any person eligible under this subsection or who was convicted of any offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02 if the Department determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":269970,"text":"The Department and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsection E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"6":{"id":269971,"text":"Shall have completed all prison or jail terms; shall not be under probation or parole supervision; shall have no pending charges in any locality; shall have paid all fines, restitution, and court costs for any prior convictions; and shall have been free of parole or probation for at least five years for all convictions; or","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"7":{"id":269972,"text":"If the applicant is a peer recovery specialist, shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, and shall have been free of parole or probation for at least five years for all convictions.\n\t\t\t\tIn addition to any supplementary information the Department or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the Department decides to pay the cost.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"8":{"id":269973,"text":"The Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report or record to the state facility or to the Department. If an applicant is denied employment because of information appearing on his criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the state facility or Department shall not be disseminated except as provided in this section.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"9":{"id":269974,"text":"Those applicants listed in clause (i) of subsection B also shall provide to the state facility or Department a copy of information from the central registry maintained pursuant to § 63.2-1515 on any investigation of child abuse or neglect undertaken on them.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":269975,"text":"The Board may adopt regulations to comply with the provisions of this section. Copies of any information received by the state facility or Department pursuant to this section shall be available to the Department and to the applicable state facility but shall not be disseminated further, except as permitted by state or federal law. The cost of obtaining the criminal history record and the central registry information shall be borne by the applicant, unless the Department or state facility decides to pay the cost.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12846,"edition_id":1,"name":"The Department and the Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12845,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209715,"object_type":"structure","relational_id":12846,"identifier":"1","token":"37.2\/I\/3\/1","url":"\/37.2\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12845,"edition_id":1,"name":"Department of Behavioral Health and Developmental Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209713,"object_type":"structure","relational_id":12845,"identifier":"3","token":"37.2\/I\/3","url":"\/37.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53989,"structure_id":12846,"section_number":"37.2-300","catch_line":"Creation and supervision of Department","url":"\/37.2-300\/","token":"37.2\/I\/3\/1\/37.2-300","metadata":false},{"id":87072,"structure_id":12846,"section_number":"37.2-301","catch_line":"Appointment of Commissioner","url":"\/37.2-301\/","token":"37.2\/I\/3\/1\/37.2-301","metadata":false},{"id":61895,"structure_id":12846,"section_number":"37.2-302","catch_line":"Term of office and vacancy therein","url":"\/37.2-302\/","token":"37.2\/I\/3\/1\/37.2-302","metadata":false},{"id":68733,"structure_id":12846,"section_number":"37.2-303","catch_line":"Qualifications of Commissioner","url":"\/37.2-303\/","token":"37.2\/I\/3\/1\/37.2-303","metadata":false},{"id":58889,"structure_id":12846,"section_number":"37.2-304","catch_line":"Duties of Commissioner","url":"\/37.2-304\/","token":"37.2\/I\/3\/1\/37.2-304","metadata":false},{"id":55805,"structure_id":12846,"section_number":"37.2-305","catch_line":"Receiving gifts and endowments","url":"\/37.2-305\/","token":"37.2\/I\/3\/1\/37.2-305","metadata":false},{"id":76091,"structure_id":12846,"section_number":"37.2-306","catch_line":"Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects","url":"\/37.2-306\/","token":"37.2\/I\/3\/1\/37.2-306","metadata":false},{"id":79296,"structure_id":12846,"section_number":"37.2-307","catch_line":"Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases","url":"\/37.2-307\/","token":"37.2\/I\/3\/1\/37.2-307","metadata":false},{"id":69476,"structure_id":12846,"section_number":"37.2-308","catch_line":"Data reporting on children and adolescents","url":"\/37.2-308\/","token":"37.2\/I\/3\/1\/37.2-308","metadata":false},{"id":85097,"structure_id":12846,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; data sharing","url":"\/37.2-308.01\/","token":"37.2\/I\/3\/1\/37.2-308.01","metadata":false},{"id":58069,"structure_id":12846,"section_number":"37.2-308.1","catch_line":"Acute psychiatric bed registry","url":"\/37.2-308.1\/","token":"37.2\/I\/3\/1\/37.2-308.1","metadata":false},{"id":74547,"structure_id":12846,"section_number":"37.2-309","catch_line":"Department responsible for substance abuse services; office established; qualifications of staff","url":"\/37.2-309\/","token":"37.2\/I\/3\/1\/37.2-309","metadata":false},{"id":63480,"structure_id":12846,"section_number":"37.2-310","catch_line":"Powers and duties of Department related to substance abuse","url":"\/37.2-310\/","token":"37.2\/I\/3\/1\/37.2-310","metadata":false},{"id":71267,"structure_id":12846,"section_number":"37.2-311","catch_line":"Review of applications for state or federal funds or services used in substance abuse programs","url":"\/37.2-311\/","token":"37.2\/I\/3\/1\/37.2-311","metadata":false},{"id":70901,"structure_id":12846,"section_number":"37.2-311.1","catch_line":"Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","url":"\/37.2-311.1\/","token":"37.2\/I\/3\/1\/37.2-311.1","metadata":false},{"id":55219,"structure_id":12846,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","url":"\/37.2-311.2\/","token":"37.2\/I\/3\/1\/37.2-311.2","metadata":false},{"id":79442,"structure_id":12846,"section_number":"37.2-311.3","catch_line":"Standards for community care teams and mobile crisis teams","url":"\/37.2-311.3\/","token":"37.2\/I\/3\/1\/37.2-311.3","metadata":false},{"id":72863,"structure_id":12846,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","url":"\/37.2-311.4\/","token":"37.2\/I\/3\/1\/37.2-311.4","metadata":false},{"id":60255,"structure_id":12846,"section_number":"37.2-311.5","catch_line":"Collection of 988 charges","url":"\/37.2-311.5\/","token":"37.2\/I\/3\/1\/37.2-311.5","metadata":false},{"id":65423,"structure_id":12846,"section_number":"37.2-311.6","catch_line":"Liability for emergency calls to the National Suicide Prevention Lifeline","url":"\/37.2-311.6\/","token":"37.2\/I\/3\/1\/37.2-311.6","metadata":false},{"id":59415,"structure_id":12846,"section_number":"37.2-312","catch_line":"Department responsible for education and training programs","url":"\/37.2-312\/","token":"37.2\/I\/3\/1\/37.2-312","metadata":false},{"id":69006,"structure_id":12846,"section_number":"37.2-312.1","catch_line":"Department to be lead agency for suicide prevention across the lifespan","url":"\/37.2-312.1\/","token":"37.2\/I\/3\/1\/37.2-312.1","metadata":false},{"id":62132,"structure_id":12846,"section_number":"37.2-312.2","catch_line":"Commonwealth Mental Health First Aid Program","url":"\/37.2-312.2\/","token":"37.2\/I\/3\/1\/37.2-312.2","metadata":false},{"id":83802,"structure_id":12846,"section_number":"37.2-313","catch_line":"Employment of unlicensed physician by Department","url":"\/37.2-313\/","token":"37.2\/I\/3\/1\/37.2-313","metadata":false},{"id":81127,"structure_id":12846,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","url":"\/37.2-313.1\/","token":"37.2\/I\/3\/1\/37.2-313.1","metadata":false},{"id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","metadata":false},{"id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","metadata":false},{"id":67219,"structure_id":12846,"section_number":"37.2-314.2","catch_line":"Problem Gambling Treatment and Support Fund","url":"\/37.2-314.2\/","token":"37.2\/I\/3\/1\/37.2-314.2","metadata":false},{"id":85328,"structure_id":12846,"section_number":"37.2-314.3","catch_line":"Powers and duties of the Department related to supported decision-making agreements; report","url":"\/37.2-314.3\/","token":"37.2\/I\/3\/1\/37.2-314.3","metadata":false}],"previous_section":{"id":81127,"structure_id":12846,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","url":"\/37.2-313.1\/","token":"37.2\/I\/3\/1\/37.2-313.1","metadata":false},"next_section":{"id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-314\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapters 881<\/a> and 927<\/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 8 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 1999, chapter 685<\/a>; in 2005, chapter 716<\/a>; in 2012, chapters 383<\/a>, 476<\/a>, and 507<\/a>; in 2017, chapter 809<\/a>; in 2020, chapter 1092<\/a>; in 2023, chapters 138<\/a> and 139<\/a>; in 2024, chapters 651<\/a> and 683<\/a>; in 2025, chapter 380<\/a>.<\/p>","references":false,"refers_to":[{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":61427,"section_number":"18.2-258.1","catch_line":"Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery","order_by":null,"url":"\/18.2-258.1\/"},{"id":73757,"section_number":"18.2-282","catch_line":"Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty","order_by":null,"url":"\/18.2-282\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":57611,"section_number":"18.2-346.01","catch_line":"Prostitution; solicitation; commercial exploitation of a minor; penalties","order_by":null,"url":"\/18.2-346.01\/"},{"id":78289,"section_number":"18.2-51.3","catch_line":"Prohibition against reckless endangerment of others by throwing objects from places higher than one story; penalty","order_by":null,"url":"\/18.2-51.3\/"},{"id":86902,"section_number":"18.2-56","catch_line":"Hazing unlawful; civil and criminal liability; duty of school, etc., officials; penalty","order_by":null,"url":"\/18.2-56\/"},{"id":75271,"section_number":"18.2-56.1","catch_line":"Reckless handling of firearms; reckless handling while hunting","order_by":null,"url":"\/18.2-56.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":87070,"section_number":"18.2-92","catch_line":"Breaking and entering dwelling house with intent to commit other misdemeanor","order_by":null,"url":"\/18.2-92\/"},{"id":78519,"section_number":"18.2-94","catch_line":"Possession of burglarious tools, etc","order_by":null,"url":"\/18.2-94\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":67092,"section_number":"63.2-1515","catch_line":"Central registry; disclosure of information","order_by":null,"url":"\/63.2-1515\/"}],"permalink":{"id":209817,"object_type":"law","relational_id":75182,"identifier":"37.2-314","token":"37.2\/I\/3\/1\/37.2-314","url":"\/37.2-314\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","dublin_core":{"Title":"Background check required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-314","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “peer recovery specialist<\/span>” means any person who has completed a peer recovery specialist<\/span> training course approved by the Department<\/span> of Behavioral Health and Developmental Services<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As a condition of employment, the Department<\/span> shall require any applicant who (i) accepts a position of employment at a state<\/span> facility<\/span> and was not employed by that state<\/span> facility<\/span> prior to July 1, 1996, or (ii) accepts a position with the Department<\/span> that receives, monitors, or disburses funds of the Commonwealth and was not employed by the Department<\/span> prior to July 1, 1996, to submit to fingerprinting and 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 (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For purposes of clause (i) of subsection B, the Department<\/span> shall not hire for compensated employment persons who have been convicted of (i) any offense<\/span> set forth in clause (i), (ii), or (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> or (ii) any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> (a) in the five years prior to the application date for employment or (b) if such person continues on probation<\/span> or parole<\/span> or has failed to pay required court<\/span> costs for such offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection C, the Department<\/span> may hire for compensated employment at an adult substance abuse<\/span> or mental health treatment<\/span> program a person who was convicted of any misdemeanor<\/span> violation of § 18.2-57<\/a> or any violation of § 18.2-248<\/a>, 18.2-250<\/a>, or 18.2-258.1<\/a>, except an offense<\/span> pursuant to subsection H1 or H2 of § 18.2-248<\/a>, provided that such conviction<\/span> occurred more than four years prior to the application date for employment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding the provisions of subsection C, the Department<\/span> may hire for compensated employment at an adult substance abuse or adult mental health treatment<\/span> program a person who was convicted of any violation of § 18.2-51.3<\/a>; any misdemeanor<\/span> violation of § 18.2-56<\/a> or 18.2-56.1<\/a>; any first offense<\/span> misdemeanor<\/span> violation of § 18.2-57.2<\/a>; any violation of § 18.2-60<\/a>, 18.2-89<\/a>, 18.2-92<\/a>, or 18.2-94<\/a>; any misdemeanor<\/span> violation of § 18.2-282<\/a>, 18.2-346<\/a>, or 18.2-346.01<\/a>; any offense<\/span> set forth in clause (iii) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a>, except an offense<\/span> pursuant to subsection H1 or H2 of § 18.2-248<\/a>; or any substantially similar offense<\/span> under the laws<\/span> of another jurisdiction<\/span>, if the Department<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. In addition, where the employment at an adult substance abuse treatment<\/span> program is as a peer recovery specialist<\/span>, the Department<\/span> may hire any person eligible under this subsection or who was convicted of any offense<\/span> set forth in clause (iv) of the definition of barrier crime<\/span> in § 19.2-392.02<\/a> if the Department<\/span> determines, based upon a screening assessment, that the criminal behavior was substantially related to the person’s substance abuse or mental illness<\/span> and that the person has been successfully rehabilitated and is not a risk to individuals<\/span> receiving services based on his criminal history background and his substance abuse or mental illness<\/span> history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> and a screening contractor designated by the Department<\/span> shall screen applicants who meet the criteria set forth in subsection E to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals<\/span> receiving services based on their criminal history backgrounds and substance abuse or mental illness<\/span> histories. To be eligible for such screening, the applicant: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Shall have completed all prison or jail terms; shall not be under probation<\/span> or parole<\/span> supervision; shall have no pending charges in any locality; shall have paid all fines, restitution<\/span>, and court<\/span> costs for any prior convictions<\/span>; and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the applicant is a peer recovery specialist<\/span>, shall have completed all prison or jail terms, shall not be under probation<\/span> or parole<\/span> supervision, shall have no pending charges in any locality, and shall have been free of parole<\/span> or probation<\/span> for at least five years for all convictions<\/span>.\n\t\t\t\tIn addition to any supplementary information the Department<\/span> or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation<\/span> or parole<\/span> officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony<\/span> conviction<\/span>. The cost of this screening shall be paid by the applicant, unless the Department<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall submit a report or record to the state<\/span> facility<\/span> or to the Department<\/span>. If an applicant is denied employment because of information appearing on his criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the state<\/span> facility<\/span> or Department<\/span> shall not be disseminated except as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Those applicants listed in clause (i) of subsection B also shall provide to the state<\/span> facility<\/span> or Department<\/span> a copy of information from the central registry maintained pursuant to § 63.2-1515<\/a> on any investigation of child abuse or neglect<\/span> undertaken on them. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Board<\/span> may adopt regulations to comply with the provisions of this section. Copies of any information received by the state<\/span> facility<\/span> or Department<\/span> pursuant to this section shall be available to the Department<\/span> and to the applicable state<\/span> facility<\/span> but shall not be disseminated further, except as permitted by state<\/span> or federal law<\/span>. The cost of obtaining the criminal history record and the central registry information shall be borne by the applicant, unless the Department<\/span> or state<\/span> facility<\/span> decides to pay the cost. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBACKGROUND CHECK REQUIRED (\u00a7 37.2-314)\n\nA. As used in this section, “peer recovery specialist” means any\nperson who has completed a peer recovery specialist training course approved by\nthe Department of Behavioral Health and Developmental Services.\n\nB. As a condition of employment, the Department shall require any applicant who\n(i) accepts a position of employment at a state facility and was not employed by\nthat state facility prior to July 1, 1996, or (ii) accepts a position with the\nDepartment that receives, monitors, or disburses funds of the Commonwealth and\nwas not employed by the Department prior to July 1, 1996, to submit to\nfingerprinting and 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 (FBI) for the purpose of\nobtaining national criminal history record information regarding the applicant.\n\nC. For purposes of clause (i) of subsection B, the Department shall not hire for\ncompensated employment persons who have been convicted of (i) any offense set\nforth in clause (i), (ii), or (iii) of the definition of barrier crime in §\n19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of\nbarrier crime in § 19.2-392.02 (a) in the five years prior to the\napplication date for employment or (b) if such person continues on probation or\nparole or has failed to pay required court costs for such offense set forth in\nclause (iv) of the definition of barrier crime in § 19.2-392.02.\n\nD. Notwithstanding the provisions of subsection C, the Department may hire for\ncompensated employment at an adult substance abuse or mental health treatment\nprogram a person who was convicted of any misdemeanor violation of §\n18.2-57 or any violation of § 18.2-248, 18.2-250, or 18.2-258.1, except an\noffense pursuant to subsection H1 or H2 of § 18.2-248, provided that such\nconviction occurred more than four years prior to the application date for\nemployment.\n\nE. Notwithstanding the provisions of subsection C, the Department may hire for\ncompensated employment at an adult substance abuse or adult mental health\ntreatment program a person who was convicted of any violation of §\n18.2-51.3; any misdemeanor violation of § 18.2-56 or 18.2-56.1; any first\noffense misdemeanor violation of § 18.2-57.2; any violation of §\n18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of §\n18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the\ndefinition of barrier crime in § 19.2-392.02, except an offense pursuant to\nsubsection H1 or H2 of § 18.2-248; or any substantially similar offense\nunder the laws of another jurisdiction, if the Department determines, based upon\na screening assessment, that the criminal behavior was substantially related to\nthe applicant’s substance abuse or mental illness and that the person has\nbeen successfully rehabilitated and is not a risk to individuals receiving\nservices based on his criminal history background and his substance abuse or\nmental illness history. In addition, where the employment at an adult substance\nabuse treatment program is as a peer recovery specialist, the Department may\nhire any person eligible under this subsection or who was convicted of any\noffense set forth in clause (iv) of the definition of barrier crime in §\n19.2-392.02 if the Department determines, based upon a screening assessment,\nthat the criminal behavior was substantially related to the person’s\nsubstance abuse or mental illness and that the person has been successfully\nrehabilitated and is not a risk to individuals receiving services based on his\ncriminal history background and his substance abuse or mental illness history.\n\nF. The Department and a screening contractor designated by the Department shall\nscreen applicants who meet the criteria set forth in subsection E to assess\nwhether the applicants have been rehabilitated successfully and are not a risk\nto individuals receiving services based on their criminal history backgrounds\nand substance abuse or mental illness histories. To be eligible for such\nscreening, the applicant:\n\n 1. Shall have completed all prison or jail terms; shall not be under probation\n or parole supervision; shall have no pending charges in any locality; shall\n have paid all fines, restitution, and court costs for any prior convictions;\n and shall have been free of parole or probation for at least five years for\n all convictions; or\n\n 2. If the applicant is a peer recovery specialist, shall have completed all\n prison or jail terms, shall not be under probation or parole supervision,\n shall have no pending charges in any locality, and shall have been free of\n parole or probation for at least five years for all convictions.\n \t\t\t\tIn addition to any supplementary information the Department or screening\n contractor may require or the applicant may wish to present, the applicant\n shall provide to the screening contractor a statement from his most recent\n probation or parole officer, if any, outlining his period of supervision and a\n copy of any pre-sentencing or post-sentencing report in connection with the\n felony conviction. The cost of this screening shall be paid by the applicant,\n unless the Department decides to pay the cost.\n\nG. The Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall submit a report or record to\nthe state facility or to the Department. If an applicant is denied employment\nbecause of information appearing on his criminal history record and the\napplicant disputes the information upon which the denial was based, the Central\nCriminal Records Exchange shall, upon written request, furnish to the applicant\nthe procedures for obtaining a copy of the criminal history record from the FBI.\nThe information provided to the state facility or Department shall not be\ndisseminated except as provided in this section.\n\nH. Those applicants listed in clause (i) of subsection B also shall provide to\nthe state facility or Department a copy of information from the central registry\nmaintained pursuant to § 63.2-1515 on any investigation of child abuse or\nneglect undertaken on them.\n\nI. The Board may adopt regulations to comply with the provisions of this\nsection. Copies of any information received by the state facility or Department\npursuant to this section shall be available to the Department and to the\napplicable state facility but shall not be disseminated further, except as\npermitted by state or federal law. The cost of obtaining the criminal history\nrecord and the central registry information shall be borne by the applicant,\nunless the Department or state facility decides to pay the cost.\n\nHISTORY: 1996, cc. 881, 927, \u00a7 37.1-20.3; 1999, c. 685; 2005, c. 716; 2012, cc.\n383, 476, 507; 2017, c. 809; 2020, c. 1092; 2021, Sp. Sess. I, c. 188; 2023, cc.\n138, 139; 2024, cc. 651, 683; 2025, c. 380.","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}}