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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65546</law_id><section_number>15.2-1505.1</section_number><catch_line>Applicant preemployment information</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="15">Local Government Personnel, Qualification for Office, Bonds, Dual Office Holding and Certain Local Government Officers</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions for Certain Officers and Employees</unit></structure><text>
						<section><p>A <span class="dictionary">locality</span> may by <span class="dictionary">ordinance</span>, and in accordance with &#xA7;&#xA0;<a class="law" title="(Effective July 1, 2026) Dissemination of criminal history record information" href="/19.2-389/">19.2-389</a>, require applicants upon offer of employment with the <span class="dictionary">locality</span> to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the applicant&#x2019;s fingerprints through the Central Criminal Records Exchange and the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant. Such applicants shall, if required by <span class="dictionary">ordinance</span>, pay the cost of the fingerprinting or criminal records check or both.
		The Central Criminal Records Exchange, upon receipt of an applicant&#x2019;s record or notification that no record exists, shall make a report to the chief administrative officer of the <span class="dictionary">locality</span> or his designee, who must belong to a governmental entity. In determining whether a criminal <span class="dictionary">conviction</span> directly relates to a position, the <span class="dictionary">locality</span> shall consider the following criteria: (i) the nature and seriousness of the <span class="dictionary">crime</span>; (ii) the relationship of the <span class="dictionary">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 had been involved; (iv) the relationship of the <span class="dictionary">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&#x2019;s past criminal activity; (vi) the age of the person at the time of the commission of the <span class="dictionary">crime</span>; (vii) the amount of time that has elapsed since the person&#x2019;s last involvement in the commission of a <span class="dictionary">crime</span>; (viii) the conduct and work activity of the person prior to and following the criminal activity; and (ix) <span class="dictionary">evidence</span> of the person&#x2019;s rehabilitation or rehabilitative effort while incarcerated or following release.
		If an applicant is denied employment because of information appearing in his criminal history record, the <span class="dictionary">locality</span> shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.</p></section></text><history>2003, c. 739.</history><metadata></metadata></law>
