{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-325.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-325.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-325.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-325.1.html"}],"law_id":69250,"edition_id":1,"section_id":69250,"structure_id":13471,"section_number":"63.2-325.1","catch_line":"Criminal background checks required","history":"2024, c. 555.","full_text":"A\n\nThe local board shall require all employees, contractors, or final candidates for employment within the local department who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual’s fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department shall conduct a criminal background check for any individual:1\n\nWho is responsible for the health, safety, and welfare of citizens;2\n\nWith access to sensitive or confidential information, including access to federal tax information, in approved exchange agreements with the Internal Revenue Service or Social Security Administration; or3\n\nWho is otherwise required by state or federal law or local ordinance to be subject to criminal background checks.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists for that individual, shall make a report to the local board or local director.B\n\nIndividuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child abuse and neglect database maintained by another jurisdiction. The Central Registry or other child abuse and neglect database shall report the results of such search to:1\n\nThe local board or its designee if the search request concerns a local director or an applicant for local director; or2\n\nThe local director if the search request concerns any other employment position at the local department.C\n\nNo local department shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.D\n\nIf a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the employee or contractor that such information contributed to the suitability determination.E\n\nAt the Commissioner’s request, the local department shall provide any background check information obtained pursuant to this section to the Commissioner. Further dissemination of such information is prohibited by anyone other than the Commissioner or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.","order_by":null,"text":{"0":{"id":250540,"text":"The local board shall require all employees, contractors, or final candidates for employment within the local department who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual’s fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department shall conduct a criminal background check for any individual:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":250541,"text":"Who is responsible for the health, safety, and welfare of citizens;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":250542,"text":"With access to sensitive or confidential information, including access to federal tax information, in approved exchange agreements with the Internal Revenue Service or Social Security Administration; or","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":250543,"text":"Who is otherwise required by state or federal law or local ordinance to be subject to criminal background checks.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists for that individual, shall make a report to the local board or local director.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":250544,"text":"Individuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child abuse and neglect database maintained by another jurisdiction. The Central Registry or other child abuse and neglect database shall report the results of such search to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":250545,"text":"The local board or its designee if the search request concerns a local director or an applicant for local director; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":250546,"text":"The local director if the search request concerns any other employment position at the local department.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"7":{"id":250547,"text":"No local department shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime; (ii) the relationship of the crime to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or following release.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"8":{"id":250548,"text":"If a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child abuse and neglect database, the local department shall notify the employee or contractor that such information contributed to the suitability determination.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":250549,"text":"At the Commissioner’s request, the local department shall provide any background check information obtained pursuant to this section to the Commissioner. Further dissemination of such information is prohibited by anyone other than the Commissioner or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13471,"edition_id":1,"name":"Local Departments and Local Directors of Social Services","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13036,"metadata":{},"date_created":"2026-06-26 03:44:57","date_modified":"2026-06-26 03:44:57","permalink":{"id":270943,"object_type":"structure","relational_id":13471,"identifier":"2","token":"63.2\/I\/3\/2","url":"\/63.2\/I\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13036,"edition_id":1,"name":"Local Social Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12790,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":270839,"object_type":"structure","relational_id":13036,"identifier":"3","token":"63.2\/I\/3","url":"\/63.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12790,"edition_id":1,"name":"General Provisions Relating to Social Services","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270663,"object_type":"structure","relational_id":12790,"identifier":"I","token":"63.2\/I","url":"\/63.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54436,"structure_id":13471,"section_number":"63.2-324","catch_line":"Local departments of social services","url":"\/63.2-324\/","token":"63.2\/I\/3\/2\/63.2-324","metadata":false},{"id":60039,"structure_id":13471,"section_number":"63.2-325","catch_line":"Appointment of local directors of social services and local employees","url":"\/63.2-325\/","token":"63.2\/I\/3\/2\/63.2-325","metadata":false},{"id":69250,"structure_id":13471,"section_number":"63.2-325.1","catch_line":"Criminal background checks required","url":"\/63.2-325.1\/","token":"63.2\/I\/3\/2\/63.2-325.1","metadata":false},{"id":72902,"structure_id":13471,"section_number":"63.2-326","catch_line":"Service at pleasure of local board or local director","url":"\/63.2-326\/","token":"63.2\/I\/3\/2\/63.2-326","metadata":false},{"id":80857,"structure_id":13471,"section_number":"63.2-327","catch_line":"Removal by Commissioner","url":"\/63.2-327\/","token":"63.2\/I\/3\/2\/63.2-327","metadata":false},{"id":78319,"structure_id":13471,"section_number":"63.2-328","catch_line":"Bond","url":"\/63.2-328\/","token":"63.2\/I\/3\/2\/63.2-328","metadata":false},{"id":80873,"structure_id":13471,"section_number":"63.2-329","catch_line":"Bond of certain employees of local boards","url":"\/63.2-329\/","token":"63.2\/I\/3\/2\/63.2-329","metadata":false},{"id":56647,"structure_id":13471,"section_number":"63.2-330","catch_line":"Compensation","url":"\/63.2-330\/","token":"63.2\/I\/3\/2\/63.2-330","metadata":false},{"id":74802,"structure_id":13471,"section_number":"63.2-331","catch_line":"Counties with special forms of government","url":"\/63.2-331\/","token":"63.2\/I\/3\/2\/63.2-331","metadata":false},{"id":75591,"structure_id":13471,"section_number":"63.2-332","catch_line":"Powers and duties of local directors","url":"\/63.2-332\/","token":"63.2\/I\/3\/2\/63.2-332","metadata":false},{"id":62943,"structure_id":13471,"section_number":"63.2-333","catch_line":"Agent of Commissioner","url":"\/63.2-333\/","token":"63.2\/I\/3\/2\/63.2-333","metadata":false},{"id":80757,"structure_id":13471,"section_number":"63.2-334","catch_line":"Cooperation with private agencies","url":"\/63.2-334\/","token":"63.2\/I\/3\/2\/63.2-334","metadata":false},{"id":75568,"structure_id":13471,"section_number":"63.2-335","catch_line":"Keeping records","url":"\/63.2-335\/","token":"63.2\/I\/3\/2\/63.2-335","metadata":false},{"id":79822,"structure_id":13471,"section_number":"63.2-336","catch_line":"Annual report","url":"\/63.2-336\/","token":"63.2\/I\/3\/2\/63.2-336","metadata":false}],"previous_section":{"id":60039,"structure_id":13471,"section_number":"63.2-325","catch_line":"Appointment of local directors of social services and local employees","url":"\/63.2-325\/","token":"63.2\/I\/3\/2\/63.2-325","metadata":false},"next_section":{"id":72902,"structure_id":13471,"section_number":"63.2-326","catch_line":"Service at pleasure of local board or local director","url":"\/63.2-326\/","token":"63.2\/I\/3\/2\/63.2-326","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-325.1\/","history_text":"

This law was first created in 2024. The record of its establishment is cataloged in chapter 555<\/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":false,"permalink":{"id":270953,"object_type":"law","relational_id":69250,"identifier":"63.2-325.1","token":"63.2\/I\/3\/2\/63.2-325.1","url":"\/63.2-325.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-325.1\/","token":"63.2\/I\/3\/2\/63.2-325.1","dublin_core":{"Title":"Criminal background checks required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-325.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The local board<\/span> shall require all employees, contractors, or final candidates for employment within the local department<\/span> who meet the requirements of this subsection to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the individual’s fingerprints to the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such individual. The local department<\/span> shall conduct a criminal background check for any individual: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Who is responsible for the health, safety, and welfare of citizens; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

3.<\/span> Who is otherwise required by state or federal law<\/span> or local ordinance<\/span> to be subject to criminal background checks.\n\t\t\t\tThe Central Criminal Records Exchange, upon receipt of an individual’s record or notification that no record exists for that individual, shall make a report to the local board<\/span> or local director<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Individuals subject to a background check pursuant to subsection A shall also be subject to a search of the Central Registry or other child<\/span> abuse and neglect database maintained by another jurisdiction<\/span>. The Central Registry or other child<\/span> abuse and neglect database shall report the results of such search to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The local board<\/span> or its designee if the search request concerns a local director<\/span> or an applicant for local director<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The local director<\/span> if the search request concerns any other employment position at the local department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No local department<\/span> shall hire for compensated employment or continue to employ any person who has been convicted of any criminal offense<\/span> that relates to an employment position under a policy that includes the following determining criteria: (i) the nature and seriousness of the crime<\/span>; (ii) the relationship of the crime<\/span> to the work to be performed in the position applied for; (iii) the extent to which the position applied for might offer an opportunity to engage in further criminal activity of the same type as that in which the person has been involved; (iv) the relationship of the crime<\/span> to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the position being sought; (v) the extent and nature of the person’s past criminal activity; (vi) the age of the person at the time of the commission of the crime<\/span>; (vii) the amount of time that has elapsed since the person’s last involvement in the commission of a crime<\/span>; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) 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

D.<\/span> If a candidate for employment is denied employment because of information from the Central Criminal Records Exchange, Central Registry, or other child<\/span> abuse and neglect database, the local department<\/span> shall notify the candidate for employment that such information contributed to the denial of suitability for employment. If an employee or contractor is determined no longer suitable for a position, employment, or assignment because of information from the Central Criminal Records Exchange, Central Registry, or other child<\/span> abuse and neglect database, the local department<\/span> shall notify the employee or contractor that such information contributed to the suitability determination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the Commissioner<\/span>’s request, the local department<\/span> shall provide any background check information obtained pursuant to this section to the Commissioner<\/span>. Further dissemination of such information is prohibited by anyone other than the Commissioner<\/span> or a federal or state authority or court<\/span> as may be required to comply with an express requirement of law<\/span> for such further dissemination. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL BACKGROUND CHECKS REQUIRED (\u00a7 63.2-325.1)\n\nA. The local board shall require all employees, contractors, or final candidates\nfor employment within the local department who meet the requirements of this\nsubsection to submit to fingerprinting and to provide personal descriptive\ninformation to be forwarded along with the individual’s fingerprints to\nthe Central Criminal Records Exchange and the Federal Bureau of Investigation\nfor the purpose of obtaining criminal history record information regarding such\nindividual. The local department shall conduct a criminal background check for\nany individual:\n\n 1. Who is responsible for the health, safety, and welfare of citizens;\n\n 2. With access to sensitive or confidential information, including access to\n federal tax information, in approved exchange agreements with the Internal\n Revenue Service or Social Security Administration; or\n\n 3. Who is otherwise required by state or federal law or local ordinance to be\n subject to criminal background checks.\n \t\t\t\tThe Central Criminal Records Exchange, upon receipt of an\n individual’s record or notification that no record exists for that\n individual, shall make a report to the local board or local director.\n\nB. Individuals subject to a background check pursuant to subsection A shall also\nbe subject to a search of the Central Registry or other child abuse and neglect\ndatabase maintained by another jurisdiction. The Central Registry or other child\nabuse and neglect database shall report the results of such search to:\n\n 1. The local board or its designee if the search request concerns a local\n director or an applicant for local director; or\n\n 2. The local director if the search request concerns any other employment\n position at the local department.\n\nC. No local department shall hire for compensated employment or continue to\nemploy any person who has been convicted of any criminal offense that relates to\nan employment position under a policy that includes the following determining\ncriteria: (i) the nature and seriousness of the crime; (ii) the relationship of\nthe crime to the work to be performed in the position applied for; (iii) the\nextent to which the position applied for might offer an opportunity to engage in\nfurther criminal activity of the same type as that in which the person has been\ninvolved; (iv) the relationship of the crime to the ability, capacity, or\nfitness required to perform the duties and discharge the responsibilities of the\nposition being sought; (v) the extent and nature of the person’s past\ncriminal activity; (vi) the age of the person at the time of the commission of\nthe crime; (vii) the amount of time that has elapsed since the person’s\nlast involvement in the commission of a crime; (viii) the conduct and work\nactivity of the person prior to and following the criminal activity; and (ix)\nevidence of the person’s rehabilitation or rehabilitative effort while\nincarcerated or following release.\n\nD. If a candidate for employment is denied employment because of information\nfrom the Central Criminal Records Exchange, Central Registry, or other child\nabuse and neglect database, the local department shall notify the candidate for\nemployment that such information contributed to the denial of suitability for\nemployment. If an employee or contractor is determined no longer suitable for a\nposition, employment, or assignment because of information from the Central\nCriminal Records Exchange, Central Registry, or other child abuse and neglect\ndatabase, the local department shall notify the employee or contractor that such\ninformation contributed to the suitability determination.\n\nE. At the Commissioner’s request, the local department shall provide any\nbackground check information obtained pursuant to this section to the\nCommissioner. Further dissemination of such information is prohibited by anyone\nother than the Commissioner or a federal or state authority or court as may be\nrequired to comply with an express requirement of law for such further\ndissemination.\n\nHISTORY: 2024, c. 555.","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}}