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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83645</law_id><section_number>27-6.2</section_number><catch_line>Applicant preemployment information with fire departments</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="27">Fire Protection</unit><unit label="chapter" level="2" order_by="1" identifier="2">Fire/Ems Departments and Fire/Ems Companies</unit><unit label="article" level="3" order_by="1" identifier="1">Provisions Applicable to Counties, Cities and Towns</unit></structure><text>
						<section><p>Applicants for employment with the <span class="dictionary">fire department</span> of any locality having a local <span class="dictionary">ordinance</span> adopted 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> may be required 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; however, such applicants shall, if required by local <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 fire chief 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 locality 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 locality shall provide a copy of the information obtained from the Central Criminal Records Exchange to the applicant. The information shall not be disseminated except as provided for in this section.</p></section></text><history>2001, cc. 353, 373; 2003, c. 739; 2018, c. 834.</history><metadata></metadata></law>
