                                 CODE OF VIRGINIA

FINGERPRINTS SUBMITTED BY LIVE SCAN DEVICE (§ 19.2-388.1)

A. The Department of State Police (the Department) shall accept requests for
background checks through the use of a Live Scan device certified by the Federal
Bureau of Investigation by any agency or organization located within the
Commonwealth that (i) is authorized to receive criminal history record
information pursuant to &#xA7; 19.2-392.02 and (ii) utilizes a fingerprint
background check as a condition of licensure, certification, employment, or
volunteer service. Any such agency or organization transmitting requests for
background checks to the Department pursuant to this section shall be
responsible for all costs associated with capturing, formatting, encrypting, and
transmitting all required information in a manner prescribed by the Department.

B. The Department shall only provide the criminal history record information to
the extent authorized by state or federal law, rules, and regulations. The
Department may deny any such agency or organization access to criminal history
record information if the Department finds that such agency or organization has
failed to comply with state or federal law, rules, or regulations.

C. Participating agencies or organizations shall be required to enter into an
agreement with the Department for the purposes of carrying out this section and
may be required to submit other information or forms as prescribed by the
Department.

HISTORY: 2019, c. 620.