{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-204.html"}],"law_id":72754,"edition_id":1,"section_id":72754,"structure_id":16104,"section_number":"54.1-204","catch_line":"Prior convictions not to abridge rights","history":"1979, c. 408, \u00a7 54-1.21; 1988, c. 765; 2003, c. 582; 2009, c. 667; 2025, c. 505.","full_text":"A\n\nA person shall not be refused a license, certificate, or registration to practice, pursue, or engage in any regulated occupation or profession solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate, or registration is sought. A regulatory board shall not use vague or arbitrary terms, including “good moral character” or “moral turpitude” to refuse a license, certificate, or registration.B\n\nIn determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria:1\n\nThe nature and seriousness of the crime;2\n\nThe relationship of the crime to the purpose for requiring a license to engage in the occupation;3\n\nThe extent to which the occupation or profession might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved;4\n\nThe relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the occupation or profession;5\n\nThe extent and nature of the person’s past criminal activity;6\n\nThe age of the person at the time of the commission of the crime;7\n\nThe amount of time that has elapsed since the person’s last involvement in the commission of a crime;8\n\nThe conduct and work activity of the person prior to and following the criminal activity; and9\n\nEvidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.C\n\nA regulatory board may require any applicant for registration, licensure, or certification 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 record information regarding such applicant. Such applicant shall pay the cost of the fingerprinting or a criminal records check or both.\n\t\t\tThe regulatory board may enter into a contract to obtain the fingerprints and descriptive information as required for submission to the Central Criminal Records Exchange in a manner and format approved by the Central Criminal Records Exchange.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the regulatory board or its designee, who must belong to a governmental entity. If an applicant is denied a registration, license, or certificate because of the information appearing in his criminal history record, the regulatory board shall notify the applicant in writing of the specific offense or offenses that contributed to such denial, how the criminal history directly relates to the occupation pursuant to subsection B, and how the regulatory board weighed the rehabilitation factors in subsection B when making its decision. The information shall not be disseminated except as provided for in this section.D\n\nA regulatory board shall consider the criminal information as contained in the applicant’s state or national criminal history in lieu of the applicant providing certified copies of such court records in determining whether a criminal conviction directly relates to an occupation or profession or if an applicant is unfit or unsuited to engage in an occupation or profession. The regulatory board may request additional information from the applicant in making such determination.","order_by":null,"text":{"0":{"id":262037,"text":"A person shall not be refused a license, certificate, or registration to practice, pursue, or engage in any regulated occupation or profession solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate, or registration is sought. A regulatory board shall not use vague or arbitrary terms, including “good moral character” or “moral turpitude” to refuse a license, certificate, or registration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262038,"text":"In determining whether a criminal conviction directly relates to an occupation or profession, the regulatory board shall consider the following criteria:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":262039,"text":"The nature and seriousness of the crime;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":262040,"text":"The relationship of the crime to the purpose for requiring a license to engage in the occupation;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":262041,"text":"The extent to which the occupation or profession might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":262042,"text":"The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the occupation or profession;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":262043,"text":"The extent and nature of the person’s past criminal activity;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":262044,"text":"The age of the person at the time of the commission of the crime;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":262045,"text":"The amount of time that has elapsed since the person’s last involvement in the commission of a crime;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":262046,"text":"The conduct and work activity of the person prior to and following the criminal activity; and","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":262047,"text":"Evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":262048,"text":"A regulatory board may require any applicant for registration, licensure, or certification 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 record information regarding such applicant. Such applicant shall pay the cost of the fingerprinting or a criminal records check or both.\n\t\t\tThe regulatory board may enter into a contract to obtain the fingerprints and descriptive information as required for submission to the Central Criminal Records Exchange in a manner and format approved by the Central Criminal Records Exchange.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the regulatory board or its designee, who must belong to a governmental entity. If an applicant is denied a registration, license, or certificate because of the information appearing in his criminal history record, the regulatory board shall notify the applicant in writing of the specific offense or offenses that contributed to such denial, how the criminal history directly relates to the occupation pursuant to subsection B, and how the regulatory board weighed the rehabilitation factors in subsection B when making its decision. The information shall not be disseminated except as provided for in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"D"},"12":{"id":262049,"text":"A regulatory board shall consider the criminal information as contained in the applicant’s state or national criminal history in lieu of the applicant providing certified copies of such court records in determining whether a criminal conviction directly relates to an occupation or profession or if an applicant is unfit or unsuited to engage in an occupation or profession. The regulatory board may request additional information from the applicant in making such determination.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16104,"edition_id":1,"name":"General Provisions","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12755,"metadata":{},"date_created":"2026-06-26 04:06:08","date_modified":"2026-06-26 04:06:08","permalink":{"id":239783,"object_type":"structure","relational_id":16104,"identifier":"2","token":"54.1\/II\/2","url":"\/54.1\/II\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12755,"edition_id":1,"name":"Professions and Occupations Regulated by the Department of Professional and Occupational Regulation and Boards Within the Department","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239415,"object_type":"structure","relational_id":12755,"identifier":"II","token":"54.1\/II","url":"\/54.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","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":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74681,"structure_id":16104,"section_number":"54.1-200","catch_line":"Composition of regulatory boards","url":"\/54.1-200\/","token":"54.1\/II\/2\/54.1-200","metadata":false},{"id":65863,"structure_id":16104,"section_number":"54.1-201","catch_line":"Powers and duties of regulatory boards","url":"\/54.1-201\/","token":"54.1\/II\/2\/54.1-201","metadata":false},{"id":70393,"structure_id":16104,"section_number":"54.1-201.1","catch_line":"Issuance of temporary licenses and certifications","url":"\/54.1-201.1\/","token":"54.1\/II\/2\/54.1-201.1","metadata":false},{"id":86442,"structure_id":16104,"section_number":"54.1-202","catch_line":"Monetary penalty; delegation to Director of authority enter consent agreements","url":"\/54.1-202\/","token":"54.1\/II\/2\/54.1-202","metadata":false},{"id":78265,"structure_id":16104,"section_number":"54.1-203","catch_line":"Recovery of cost after grant of formal fact-finding","url":"\/54.1-203\/","token":"54.1\/II\/2\/54.1-203","metadata":false},{"id":72754,"structure_id":16104,"section_number":"54.1-204","catch_line":"Prior convictions not to abridge rights","url":"\/54.1-204\/","token":"54.1\/II\/2\/54.1-204","metadata":false},{"id":75202,"structure_id":16104,"section_number":"54.1-204.1","catch_line":"Predetermination process for licensing eligibility","url":"\/54.1-204.1\/","token":"54.1\/II\/2\/54.1-204.1","metadata":false},{"id":78294,"structure_id":16104,"section_number":"54.1-205","catch_line":"Universal license recognition","url":"\/54.1-205\/","token":"54.1\/II\/2\/54.1-205","metadata":false},{"id":63590,"structure_id":16104,"section_number":"54.1-205.1","catch_line":"International licensure and certification; regulations","url":"\/54.1-205.1\/","token":"54.1\/II\/2\/54.1-205.1","metadata":false}],"previous_section":{"id":78265,"structure_id":16104,"section_number":"54.1-203","catch_line":"Recovery of cost after grant of formal fact-finding","url":"\/54.1-203\/","token":"54.1\/II\/2\/54.1-203","metadata":false},"next_section":{"id":75202,"structure_id":16104,"section_number":"54.1-204.1","catch_line":"Predetermination process for licensing eligibility","url":"\/54.1-204.1\/","token":"54.1\/II\/2\/54.1-204.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-204\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 408 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. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1988, chapter 765; in 2003, chapter 582<\/a>; in 2009, chapter 667<\/a>; in 2025, chapter 505<\/a>.<\/p>","references":[{"id":78294,"section_number":"54.1-205","catch_line":"Universal license recognition","order_by":null,"url":"\/54.1-205\/"},{"id":84560,"section_number":"54.1-2301","catch_line":"Board for Waterworks and Wastewater Works Operators and Onsite Sewage System Professionals; membership; terms; duties","order_by":null,"url":"\/54.1-2301\/"},{"id":62891,"section_number":"54.1-2408.01","catch_line":"Prior convictions not to abridge rights","order_by":null,"url":"\/54.1-2408.01\/"}],"refers_to":false,"permalink":{"id":239805,"object_type":"law","relational_id":72754,"identifier":"54.1-204","token":"54.1\/II\/2\/54.1-204","url":"\/54.1-204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-204\/","token":"54.1\/II\/2\/54.1-204","dublin_core":{"Title":"Prior convictions not to abridge rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person shall not be refused a license, certificate, or registration to practice, pursue, or engage in any regulated occupation or profession solely because of a prior criminal conviction<\/span>, unless the criminal conviction<\/span> directly relates to the occupation or profession for which the license, certificate, or registration is sought. A regulatory board shall not use vague or arbitrary terms, including “good moral character” or “moral turpitude<\/span>” to refuse a license, certificate, or registration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining whether a criminal conviction<\/span> directly relates to an occupation or profession, the regulatory board shall consider the following criteria: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The nature and seriousness of the crime<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The relationship of the crime<\/span> to the purpose for requiring a license to engage in the occupation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The extent to which the occupation or profession might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The relationship of the crime<\/span> to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the occupation or profession; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The extent and nature of the person’s past criminal activity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The age of the person at the time of the commission of the crime<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The amount of time that has elapsed since the person’s last involvement in the commission of a crime<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The conduct and work activity of the person prior to and following the criminal activity; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Evidence<\/span> of the person’s rehabilitation or rehabilitative effort while incarcerated or following release. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A regulatory board may require any applicant for registration, licensure, or certification 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 record information regarding such applicant. Such applicant shall pay the cost of the fingerprinting or a criminal records check or both.\n\t\t\tThe regulatory board may enter into a contract<\/span> to obtain the fingerprints and descriptive information as required for submission to the Central Criminal Records Exchange in a manner and format approved by the Central Criminal Records Exchange.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s record or notification that no record exists, shall make a report to the regulatory board or its designee, who must belong to a governmental entity. If an applicant is denied a registration, license, or certificate because of the information appearing in his criminal history record, the regulatory board shall notify the applicant in writing of the specific offense<\/span> or offenses<\/span> that contributed to such denial, how the criminal history directly relates to the occupation pursuant to subsection B, and how the regulatory board weighed the rehabilitation factors in subsection B when making its decision. The information shall not be disseminated except as provided for in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A regulatory board shall consider the criminal information as contained in the applicant’s state or national criminal history in lieu of the applicant providing certified copies of such court<\/span> records in determining whether a criminal conviction<\/span> directly relates to an occupation or profession or if an applicant is unfit or unsuited to engage in an occupation or profession. The regulatory board may request additional information from the applicant in making such determination. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRIOR CONVICTIONS NOT TO ABRIDGE RIGHTS (\u00a7 54.1-204)\n\nA. A person shall not be refused a license, certificate, or registration to\npractice, pursue, or engage in any regulated occupation or profession solely\nbecause of a prior criminal conviction, unless the criminal conviction directly\nrelates to the occupation or profession for which the license, certificate, or\nregistration is sought. A regulatory board shall not use vague or arbitrary\nterms, including “good moral character” or “moral\nturpitude” to refuse a license, certificate, or registration.\n\nB. In determining whether a criminal conviction directly relates to an\noccupation or profession, the regulatory board shall consider the following\ncriteria:\n\n 1. The nature and seriousness of the crime;\n\n 2. The relationship of the crime to the purpose for requiring a license to\n engage in the occupation;\n\n 3. The extent to which the occupation or profession might offer an opportunity\n to engage in further criminal activity of the same type as that in which the\n person had been involved;\n\n 4. The relationship of the crime to the ability, capacity, or fitness required\n to perform the duties and discharge the responsibilities of the occupation or\n profession;\n\n 5. The extent and nature of the person’s past criminal activity;\n\n 6. The age of the person at the time of the commission of the crime;\n\n 7. The amount of time that has elapsed since the person’s last\n involvement in the commission of a crime;\n\n 8. The conduct and work activity of the person prior to and following the\n criminal activity; and\n\n 9. Evidence of the person’s rehabilitation or rehabilitative effort\n while incarcerated or following release.\n\nC. A regulatory board may require any applicant for registration, licensure, or\ncertification to submit to fingerprinting and to provide personal descriptive\ninformation to be forwarded along with the applicant’s fingerprints\nthrough the Central Criminal Records Exchange to the Federal Bureau of\nInvestigation for the purpose of obtaining criminal history record information\nregarding such applicant. Such applicant shall pay the cost of the\nfingerprinting or a criminal records check or both.\n\t\t\tThe regulatory board may enter into a contract to obtain the fingerprints and\ndescriptive information as required for submission to the Central Criminal\nRecords Exchange in a manner and format approved by the Central Criminal Records\nExchange.\n\t\t\tThe Central Criminal Records Exchange, upon receipt of an applicant’s\nrecord or notification that no record exists, shall make a report to the\nregulatory board or its designee, who must belong to a governmental entity. If\nan applicant is denied a registration, license, or certificate because of the\ninformation appearing in his criminal history record, the regulatory board shall\nnotify the applicant in writing of the specific offense or offenses that\ncontributed to such denial, how the criminal history directly relates to the\noccupation pursuant to subsection B, and how the regulatory board weighed the\nrehabilitation factors in subsection B when making its decision. The information\nshall not be disseminated except as provided for in this section.\n\nD. A regulatory board shall consider the criminal information as contained in\nthe applicant’s state or national criminal history in lieu of the\napplicant providing certified copies of such court records in determining\nwhether a criminal conviction directly relates to an occupation or profession or\nif an applicant is unfit or unsuited to engage in an occupation or profession.\nThe regulatory board may request additional information from the applicant in\nmaking such determination.\n\nHISTORY: 1979, c. 408, \u00a7 54-1.21; 1988, c. 765; 2003, c. 582; 2009, c. 667;\n2025, c. 505.","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}}