                                 CODE OF VIRGINIA

LOCALITIES PROHIBITED FROM INQUIRING ABOUT ARRESTS, CHARGES, OR CONVICTIONS ON
EMPLOYMENT APPLICATIONS; EXCEPTIONS (§ 15.2-1505.3)

A. As used in this section, &#8220;conviction&#8221; means any adjudication that
an individual committed a crime, any finding of guilt after a criminal trial by
a court of competent jurisdiction, or any plea of guilty or nolo contendere to a
criminal charge.

B. No locality shall request a prospective employee to complete an application
for employment that includes a question inquiring whether the prospective
employee has ever been arrested for, charged with, or convicted of any crime.
This prohibition shall not apply to (i) law-enforcement agency positions or
positions related to law-enforcement agencies, (ii) positions for employment by
the local school board, (iii) sensitive positions, or (iv) any
employment-related applications or questionnaires provided during or after a
staff interview. For purposes of this subsection, &#8220;sensitive
positions&#8221; shall include those positions:

   1. Responsible for the health, safety, and welfare of citizens or the
   protection of critical infrastructure;

   2. That have access to sensitive information, including access to federal tax
   information in approved exchange agreements with the Internal Revenue Service
   or Social Security Administration; and

   3. That are otherwise required by state or federal law to be designated as
   sensitive.

C. No locality shall inquire whether a prospective employee has ever been
arrested for, or charged with, or convicted of any crime unless the inquiry
takes place during or after a staff interview of the prospective employee.

D. Nothing in this section shall prevent a locality from considering information
received during or after a staff interview pertaining to a prospective employee
having been arrested for, charged with, or convicted of any crime.

HISTORY: 2020, c. 422.