                                 CODE OF VIRGINIA

(REPEALED EFFECTIVE JULY 1, 2026) MARIJUANA POSSESSION; LIMITS ON DISSEMINATION
OF CRIMINAL HISTORY RECORD INFORMATION; PROHIBITED PRACTICES BY EMPLOYERS,
EDUCATIONAL INSTITUTIONS, AND STATE AND LOCAL GOVERNMENTS; PENALTY (§
19.2-389.3)

A. Records relating to the arrest, criminal charge, or conviction of a person
for a misdemeanor violation of &#xA7; 18.2-248.1 or a violation of &#xA7;
18.2-250.1, including any violation charged under &#xA7;&#xA7; 18.2-248.1 or
18.2-250.1 that was deferred and dismissed pursuant to &#xA7; 18.2-251,
maintained in the Central Criminal Records Exchange shall not be open for public
inspection or otherwise disclosed, provided that such records may be
disseminated (i) to make the determination as provided in &#xA7; 18.2-308.2:2 of
eligibility to possess or purchase a firearm; (ii) to aid in the preparation of
a pretrial investigation report prepared by a local pretrial services agency
established pursuant to Article 5 (&#xA7; 19.2-152.2 et seq.) of Chapter 9, a
pre-sentence or post-sentence investigation report pursuant to &#xA7; 19.2-299
or in the preparation of the discretionary sentencing guidelines worksheets
pursuant to subsection C of &#xA7; 19.2-298.01; (iii) to aid local
community-based probation services agencies established pursuant to the
Comprehensive Community Corrections Act for Local-Responsible Offenders (&#xA7;
9.1-173 et seq.) with investigating or serving adult local-responsible offenders
and all court service units serving juvenile delinquent offenders; (iv) for
fingerprint comparison utilizing the fingerprints maintained in the Automated
Fingerprint Information System computer; (v) to attorneys for the Commonwealth
to secure information incidental to sentencing and to attorneys for the
Commonwealth and probation officers to prepare the discretionary sentencing
guidelines worksheets pursuant to subsection C of &#xA7; 19.2-298.01; (vi) to
any full-time or part-time employee of the State Police, a police department, or
sheriff&#8217;s office that is a part of or administered by the Commonwealth or
any political subdivision thereof, and who is responsible for the prevention and
detection of crime and the enforcement of the penal, traffic, or highway laws of
the Commonwealth, for purposes of the administration of criminal justice as
defined in &#xA7; 9.1-101; (vii) to the Virginia Criminal Sentencing Commission
for research purposes; (viii) to any full-time or part-time employee of the
State Police or a police department or sheriff&#8217;s office that is a part of
or administered by the Commonwealth or any political subdivision thereof for the
purpose of screening any person for full-time or part-time employment with the
State Police or a police department or sheriff&#8217;s office that is a part of
or administered by the Commonwealth or any political subdivision thereof; (ix)
to the State Health Commissioner or his designee for the purpose of screening
any person who applies to be a volunteer with or an employee of an emergency
medical services agency as provided in &#xA7; 32.1-111.5; (x) to any full-time
or part-time employee of the Department of Forensic Science for the purpose of
screening any person for full-time or part-time employment with the Department
of Forensic Science; (xi) to the chief law-enforcement officer of a locality, or
his designee who shall be an individual employed as a public safety official of
the locality, that has adopted an ordinance in accordance with &#xA7;&#xA7;
15.2-1503.1 and 19.2-389 for the purpose of screening any person who applies to
be a volunteer with or an employee of an emergency medical services agency as
provided in &#xA7; 32.1-111.5; and (xii) to any full-time or part-time employee
of the Department of Motor Vehicles, any employer as defined in &#xA7;
46.2-341.4, or any medical examiner as defined in 49 C.F.R. &#xA7; 390.5 for the
purpose of complying with the regulations of the Federal Motor Carrier Safety
Administration.

B. An employer or educational institution shall not, in any application,
interview, or otherwise, require an applicant for employment or admission to
disclose information concerning any arrest, criminal charge, or conviction
against him when the record relating to such arrest, criminal charge, or
conviction is not open for public inspection pursuant to subsection A. An
applicant need not, in answer to any question concerning any arrest, criminal
charge, or conviction, include a reference to or information concerning any
arrest, criminal charge, or conviction when the record relating to such arrest,
criminal charge, or conviction is not open for public inspection pursuant to
subsection A.

C. Agencies, officials, and employees of the state and local governments shall
not, in any application, interview, or otherwise, require an applicant for a
license, permit, registration, or governmental service to disclose information
concerning any arrest, criminal charge, or conviction against him when the
record relating to such arrest, criminal charge, or conviction is not open for
public inspection pursuant to subsection A. An applicant need not, in answer to
any question concerning any arrest, criminal charge, or conviction, include a
reference to or information concerning any arrest, criminal charge, or
conviction when the record relating to such arrest, criminal charge, or
conviction is not open for public inspection pursuant to subsection A. Such an
application may not be denied solely because of the applicant&#8217;s refusal to
disclose information concerning any such arrest, criminal charge, or conviction.

D. A person who willfully violates subsection B or C is guilty of a Class 1
misdemeanor for each violation.

HISTORY: 2020, cc. 1285, 1286; 2021 Sp. Sess. I, cc. 344, 345, 524, 542, 550,
551; 2023, cc. 554, 555; 2025, cc. 634 and 671, cl 11.