                                 CODE OF VIRGINIA

BACKGROUND CHECKS OF APPLICANTS OF THE METROPOLITAN WASHINGTON AIRPORTS
AUTHORITY (§ 19.2-389.2)

The police department of the Metropolitan Washington Airports Authority as
established in Chapter 10 (§ 5.1-152 et seq.) of Title 5.1 may require an
applicant, upon conditional offer of employment with the Authority, 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.
		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
of the police department of the Authority or his designee, provided the designee
is an employee of the police department of the Authority. In determining whether
a criminal conviction directly relates to a position, the Authority 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 applicant 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
applicant&#8217;s past criminal activity; (vi) the age of the applicant at the
time of the commission of the crime; (vii) the amount of time that has elapsed
since the applicant&#8217;s last involvement in the commission of a crime;
(viii) the conduct and work activity of the applicant prior to and following the
criminal activity; and (ix) evidence of the applicant&#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 Authority shall notify the applicant that
information obtained from the Central Criminal Records Exchange contributed to
such denial. The criminal history record information obtained pursuant to this
section shall be used solely to determine an applicant&#8217;s eligibility for
employment by the Authority and access to restricted areas of Ronald Reagan
Washington National Airport and Washington Dulles International Airport in
compliance with 49 U.S.C. § 44936 and shall otherwise be confidential.

HISTORY: 2014, c. 57.