                                 CODE OF VIRGINIA

APPLICANT PREEMPLOYMENT INFORMATION IN ARLINGTON COUNTY (§ 15.2-709.1)

Arlington County, having a local ordinance adopted in accordance with §
19.2-389, shall require applicants for employment with the county 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 county
manager 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 county 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: 2002, cc. 670, 730; 2003, c. 739.