                                 CODE OF VIRGINIA

APPLICANT PREEMPLOYMENT INFORMATION (§ 15.2-1505.1)

A locality may by ordinance, and in accordance with § 19.2-389, require
applicants upon offer of employment with the locality to submit to
fingerprinting and to provide personal descriptive information to be forwarded
along with the applicant&#8217;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 ordinance, pay the cost of the fingerprinting
or criminal records check or both.
		The Central Criminal Records Exchange, upon receipt of an applicant&#8217;s
record or notification that no record exists, shall make a report to the chief
administrative officer of the locality or his designee, who must belong to a
governmental entity. In determining whether a criminal conviction directly
relates to a position, the locality shall consider the following 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 had 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&#8217;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&#8217;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&#8217;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 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.

HISTORY: 2003, c. 739.