                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION
(§ 19.2-389)

A. Criminal history record information shall be disseminated, whether directly
or through an intermediary, only to:

   1. Authorized officers or employees of criminal justice agencies, as defined
   by &#xA7; 9.1-101, for purposes of the administration of criminal justice and
   the screening of an employment application or review of employment by a
   criminal justice agency with respect to its own employees or applicants, and
   dissemination to the Virginia Parole Board, pursuant to this subdivision, of
   such information on all state-responsible inmates for the purpose of making
   parole determinations pursuant to subdivisions 1, 2, 3, 4, and 6 of &#xA7;
   53.1-136 shall include collective dissemination by electronic means every 30
   days. For purposes of this subdivision, criminal history record information
   includes information sent to the Central Criminal Records Exchange pursuant to
   &#xA7;&#xA7; 37.2-819 and 64.2-2014 when disseminated 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 the purposes of the administration of criminal justice;

   2. Such other individuals and agencies that require criminal history record
   information to implement a state or federal statute or executive order of the
   President of the United States or Governor that expressly refers to criminal
   conduct and contains requirements or exclusions expressly based upon such
   conduct, except that information concerning the arrest of an individual may
   not be disseminated to a noncriminal justice agency or individual if an
   interval of one year has elapsed from the date of the arrest and no
   disposition of the charge has been recorded and no active prosecution of the
   charge is pending;

   3. Individuals and agencies pursuant to a specific agreement with a criminal
   justice agency to provide services required for the administration of criminal
   justice pursuant to that agreement which shall specifically authorize access
   to data, limit the use of data to purposes for which given, and ensure the
   security and confidentiality of the data;

   4. Individuals and agencies for the express purpose of research, evaluative,
   or statistical activities pursuant to an agreement with a criminal justice
   agency that shall specifically authorize access to data, limit the use of data
   to research, evaluative, or statistical purposes, and ensure the
   confidentiality and security of the data;

   5. Agencies of state or federal government that are authorized by state or
   federal statute or executive order of the President of the United States or
   Governor to conduct investigations determining employment suitability or
   eligibility for security clearances allowing access to classified information;

   6. Individuals and agencies where authorized by court order or court rule;

   7. Agencies of any political subdivision of the Commonwealth, public
   transportation companies owned, operated or controlled by any political
   subdivision, and any public service corporation that operates a public transit
   system owned by a local government for the conduct of investigations of
   applicants for employment, permit, or license whenever, in the interest of
   public welfare or safety, it is necessary to determine under a duly enacted
   ordinance if the past criminal conduct of a person with a conviction record
   would be compatible with the nature of the employment, permit, or license
   under consideration;
   				7a. Commissions created pursuant to the Transportation District Act of
   1964 (&#xA7; 33.2-1900 et seq.) of Title 33.2 and their contractors, for the
   conduct of investigations of individuals who have been offered a position of
   employment whenever, in the interest of public welfare or safety and as
   authorized in the Transportation District Act of 1964, it is necessary to
   determine if the past criminal conduct of a person with a conviction record
   would be compatible with the nature of the employment under consideration;

   8. Public or private agencies when authorized or required by federal or state
   law or interstate compact to investigate (i) applicants for foster or adoptive
   parenthood or (ii) any individual, and the adult members of that
   individual&#8217;s household, with whom the agency is considering placing a
   child or from whom the agency is considering removing a child due to abuse or
   neglect, on an emergency, temporary, or permanent basis pursuant to
   &#xA7;&#xA7; 63.2-901.1 and 63.2-1505, subject to the restriction that the
   data shall not be further disseminated to any party other than a federal or
   state authority or court as may be required to comply with an express
   requirement of law;

   9. To the extent permitted by federal law or regulation, public service
   companies as defined in &#xA7; 56-1, for the conduct of investigations of
   applicants for employment when such employment involves personal contact with
   the public or when past criminal conduct of an applicant would be incompatible
   with the nature of the employment under consideration;

   10. The appropriate authority for purposes of granting citizenship and for
   purposes of international travel, including, but not limited to, issuing visas
   and passports;

   11. A person requesting a copy of his own criminal history record information
   as defined in &#xA7; 9.1-101 at his cost, except that criminal history record
   information shall be supplied at no charge to a person who has applied to be a
   volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of
   America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families
   for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any
   Virginia affiliate of Compeer; or (vi) any board member or any individual who
   has been offered membership on the board of a Crime Stoppers, Crime Solvers or
   Crime Line program as defined in &#xA7; 15.2-1713.1;

   12. Administrators and board presidents of and applicants for licensure or
   registration as a child welfare agency as defined in &#xA7; 63.2-100 for
   dissemination to the Commissioner of Social Services&#8217; representative
   pursuant to &#xA7; 63.2-1702 for the conduct of investigations with respect to
   employees of and volunteers at such facilities, caretakers, and foster and
   adoptive parent applicants of private child-placing agencies, pursuant to
   &#xA7;&#xA7; 63.2-1719, 63.2-1720, and 63.2-1721, subject to the restriction
   that the data shall not be further disseminated by the facility or agency to
   any party other than the data subject, the Commissioner of Social
   Services&#8217; representative or a federal or state authority or court as may
   be required to comply with an express requirement of law for such further
   dissemination; however, nothing in this subdivision shall be construed to
   prohibit the Commissioner of Social Services&#8217; representative from
   issuing written certifications regarding the results of a background check
   that was conducted before July 1, 2021, in accordance with subsection J of
   &#xA7; 22.1-289.035 or &#xA7; 22.1-289.039;

   13. Administrators and board presidents of and applicants for licensure as a
   prescribed pediatric extended care center for dissemination to the State
   Health Commissioner&#8217;s representative pursuant to &#xA7;&#xA7;
   32.1-162.15:1.5 and 32.1-162.15:1.10 for the conduct of investigations with
   respect to employees of and volunteers at such centers, pursuant to &#xA7;
   32.1-162.15:1.17, subject to the restriction that the data shall not be
   further disseminated by the center to any party other than the data subject,
   the State Health Commissioner&#8217;s representative, or a federal or state
   authority or court as may be required to comply with an express requirement of
   law;

   14. The Department of Social Services for the purpose of screening individuals
   as a condition of licensure, employment, volunteering, or providing services
   on a regular basis in a licensed child welfare agency pursuant to &#xA7;&#xA7;
   63.2-1721 and 63.2-1726 or foster or adoptive home approved by a child-placing
   agency pursuant to &#xA7; 63.2-901.1;

   15. The school boards of the Commonwealth for the purpose of screening
   individuals who are offered or who accept public school employment and those
   current school board employees for whom a report of arrest has been made
   pursuant to &#xA7; 19.2-83.1;

   16. The Virginia Lottery for the conduct of investigations as set forth in the
   Virginia Lottery Law (&#xA7; 58.1-4000 et seq.) and casino gaming as set forth
   in Chapter 41 (&#xA7; 58.1-4100 et seq.) of Title 58.1, and the Department of
   Agriculture and Consumer Services for the conduct of investigations as set
   forth in Article 1.1:1 (&#xA7; 18.2-340.15 et seq.) of Chapter 8 of Title
   18.2;

   17. Licensed prescribed pediatric extended care centers for the conduct of
   investigations of applicants for compensated employment and volunteers in
   licensed prescribed pediatric extended care centers pursuant to &#xA7;
   32.1-162.15:1.17;

   18. Licensed nursing homes, hospitals and home care organizations for the
   conduct of investigations of applicants for compensated employment in licensed
   nursing homes pursuant to &#xA7; 32.1-126.01, hospital pharmacies pursuant to
   &#xA7; 32.1-126.02, and home care organizations pursuant to &#xA7;
   32.1-162.9:1, subject to the limitations set out in subsection E;

   19. Licensed assisted living facilities and licensed adult day centers for the
   conduct of investigations of applicants for compensated employment in licensed
   assisted living facilities and licensed adult day centers pursuant to &#xA7;
   63.2-1720, subject to the limitations set out in subsection F;

   20. The Virginia Alcoholic Beverage Control Authority for the conduct of
   investigations as set forth in &#xA7; 4.1-103.1;

   21. The State Board of Elections and authorized officers and employees thereof
   and general registrars appointed pursuant to &#xA7; 24.2-110 in the course of
   conducting necessary investigations with respect to voter registration,
   limited to any record of felony convictions;

   22. The Commissioner of Behavioral Health and Developmental Services (the
   Commissioner) or his designees for individuals who are committed to the
   custody of or being evaluated by the Commissioner pursuant to &#xA7;&#xA7;
   19.2-168.1, 19.2-169.1, 19.2-169.2, 19.2-169.5, 19.2-169.6, 19.2-182.2,
   19.2-182.3, 19.2-182.8, and 19.2-182.9 where such information may be
   beneficial for the purpose of placement, evaluation, treatment, or discharge
   planning;

   23. Any alcohol safety action program certified by the Commission on the
   Virginia Alcohol Safety Action Program for (i) interventions with first
   offenders under &#xA7; 18.2-251 or (ii) services to offenders under &#xA7;
   18.2-51.4, 18.2-266, or 18.2-266.1;

   24. Residential facilities for juveniles regulated or operated by the
   Department of Social Services, the Department of Education, or the Department
   of Behavioral Health and Developmental Services for the purpose of determining
   applicants&#8217; fitness for employment or for providing volunteer or
   contractual services;

   25. The Department of Behavioral Health and Developmental Services and
   facilities operated by the Department for the purpose of determining an
   individual&#8217;s fitness for employment pursuant to departmental
   instructions;

   26. Pursuant to &#xA7; 22.1-296.3, the governing boards or administrators of
   private elementary or secondary schools which are accredited pursuant to
   &#xA7; 22.1-19 or a private organization coordinating such records information
   on behalf of such governing boards or administrators pursuant to a written
   agreement with the Department of State Police;

   27. Public institutions of higher education and nonprofit private institutions
   of higher education for the purpose of screening individuals who are offered
   or accept employment;

   28. Members of a threat assessment team established by a local school board
   pursuant to &#xA7; 22.1-79.4, by a public institution of higher education
   pursuant to &#xA7; 23.1-805, or by a private nonprofit institution of higher
   education, for the purpose of assessing or intervening with an individual
   whose behavior may present a threat to safety; however, no member of a threat
   assessment team shall redisclose any criminal history record information
   obtained pursuant to this section or otherwise use any record of an individual
   beyond the purpose that such disclosure was made to the threat assessment
   team;

   29. Executive directors of community services boards or the personnel director
   serving the community services board for the purpose of determining an
   individual&#8217;s fitness for employment, approval as a sponsored residential
   service provider, permission to enter into a shared living arrangement with a
   person receiving medical assistance services pursuant to a waiver, or
   permission for any person under contract with the community services board to
   serve in a direct care position on behalf of the community services board
   pursuant to &#xA7;&#xA7; 37.2-506, 37.2-506.1, and 37.2-607;

   30. Executive directors of behavioral health authorities as defined in &#xA7;
   37.2-600 for the purpose of determining an individual&#8217;s fitness for
   employment, approval as a sponsored residential service provider, permission
   to enter into a shared living arrangement with a person receiving medical
   assistance services pursuant to a waiver, or permission for any person under
   contract with the behavioral health authority to serve in a direct care
   position on behalf of the behavioral health authority pursuant to &#xA7;&#xA7;
   37.2-506, 37.2-506.1, and 37.2-607;

   31. The Commissioner of Social Services for the purpose of locating persons
   who owe child support or who are alleged in a pending paternity proceeding to
   be a putative father, provided that only the name, address, demographics and
   social security number of the data subject shall be released;

   32. Authorized officers or directors of agencies licensed pursuant to Article
   2 (&#xA7; 37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of
   Behavioral Health and Developmental Services for the purpose of determining if
   any applicant who accepts employment in any direct care position or requests
   approval as a sponsored residential service provider, permission to enter into
   a shared living arrangement with a person receiving medical assistance
   services pursuant to a waiver, or permission for any person under contract
   with the provider to serve in a direct care position has been convicted of a
   crime that affects his fitness to have responsibility for the safety and
   well-being of individuals with mental illness, intellectual disability, or
   substance abuse pursuant to &#xA7;&#xA7; 37.2-416, 37.2-416.1, 37.2-506,
   37.2-506.1, and 37.2-607;

   33. The Commissioner of the Department of Motor Vehicles, for the purpose of
   evaluating applicants for and holders of a motor carrier certificate or
   license subject to the provisions of Chapters 20 (&#xA7; 46.2-2000 et seq.)
   and 21 (&#xA7; 46.2-2100 et seq.) of Title 46.2;

   34. The Chairman of the Senate Committee for Courts of Justice or the Chairman
   of the House Committee for Courts of Justice for the purpose of determining if
   any person being considered for election to any judgeship has been convicted
   of a crime;

   35. Heads of state agencies in which positions have been identified as
   sensitive for the purpose of determining an individual&#8217;s fitness for
   employment in positions designated as sensitive under Department of Human
   Resource Management policies developed pursuant to &#xA7; 2.2-1201.1;

   36. The Office of the Attorney General, for all criminal justice activities
   otherwise permitted under subdivision A 1 and for purposes of performing
   duties required by the Civil Commitment of Sexually Violent Predators Act
   (&#xA7; 37.2-900 et seq.);

   37. Shipyards, to the extent permitted by federal law or regulation, engaged
   in the design, construction, overhaul, or repair of nuclear vessels for the
   United States Navy, including their subsidiary companies, for the conduct of
   investigations of applications for employment or for access to facilities, by
   contractors, leased laborers, and other visitors;

   38. Any employer of individuals whose employment requires that they enter the
   homes of others, for the purpose of screening individuals who apply for, are
   offered, or have accepted such employment;

   39. Public agencies when and as required by federal or state law to
   investigate (i) applicants as providers of adult foster care and home-based
   services or (ii) any individual with whom the agency is considering placing an
   adult on an emergency, temporary, or permanent basis pursuant to &#xA7;
   63.2-1601.1, subject to the restriction that the data shall not be further
   disseminated by the agency to any party other than a federal or state
   authority or court as may be required to comply with an express requirement of
   law for such further dissemination, subject to limitations set out in
   subsection G;

   40. The Department of Medical Assistance Services, or its designee, for the
   purpose of screening individuals who, through contracts, subcontracts, or
   direct employment, volunteer, apply for, are offered, or have accepted a
   position related to the provision of transportation services to enrollees in
   the Medicaid Program or the Family Access to Medical Insurance Security
   (FAMIS) Program, or any other program administered by the Department of
   Medical Assistance Services;

   41. The State Corporation Commission for the purpose of investigating
   individuals who are current or proposed members, senior officers, directors,
   and principals of an applicant or person licensed under Chapter 16 (&#xA7;
   6.2-1600 et seq.), Chapter 19.1 (&#xA7;6.2-1922 et seq.), or Chapter 26
   (&#xA7; 6.2-2600 et seq.) of Title 6.2. Notwithstanding any other provision of
   law, if an application is denied based in whole or in part on information
   obtained from the Central Criminal Records Exchange pursuant to Chapter 16,
   19, or 26 of Title 6.2, the Commissioner of Financial Institutions or his
   designee may disclose such information to the applicant or its designee;

   42. The Department of Professional and Occupational Regulation for the purpose
   of investigating individuals for initial licensure pursuant to &#xA7;
   54.1-2106.1;

   43. The Department for Aging and Rehabilitative Services and the Department
   for the Blind and Vision Impaired for the purpose of evaluating an
   individual&#8217;s fitness for various types of employment and for the purpose
   of delivering comprehensive vocational rehabilitation services pursuant to
   Article 11 (&#xA7; 51.5-170 et seq.) of Chapter 14 of Title 51.5 that will
   assist the individual in obtaining employment;

   44. Bail bondsmen, in accordance with the provisions of &#xA7; 19.2-120;

   45. The State Treasurer for the purpose of determining whether a person
   receiving compensation for wrongful incarceration meets the conditions for
   continued compensation under &#xA7; 8.01-195.12;

   46. The Department of Education or its agents or designees for the purpose of
   screening individuals seeking to enter into a contract with the Department of
   Education or its agents or designees for the provision of child care services
   for which child care subsidy payments may be provided;

   47. The Department of Juvenile Justice to investigate any parent, guardian, or
   other adult members of a juvenile&#8217;s household when completing a
   predispositional or postdispositional report required by &#xA7; 16.1-273 or a
   Board of Juvenile Justice regulation promulgated pursuant to &#xA7; 16.1-233;

   48. The State Corporation Commission, for the purpose of screening applicants
   for insurance licensure under Chapter 18 (&#xA7; 38.2-1800 et seq.) of Title
   38.2;

   49. Administrators and board presidents of and applicants for licensure or
   registration as a child day program or family day system, as such terms are
   defined in &#xA7; 22.1-289.02, for dissemination to the Superintendent of
   Public Instruction&#8217;s representative pursuant to &#xA7; 22.1-289.013 for
   the conduct of investigations with respect to employees of and volunteers at
   such facilities pursuant to &#xA7;&#xA7; 22.1-289.034 through 22.1-289.037,
   subject to the restriction that the data shall not be further disseminated by
   the facility or agency to any party other than the data subject, the
   Superintendent of Public Instruction&#8217;s representative, or a federal or
   state authority or court as may be required to comply with an express
   requirement of law for such further dissemination; however, nothing in this
   subdivision shall be construed to prohibit the Superintendent of Public
   Instruction&#8217;s representative from issuing written certifications
   regarding the results of prior background checks in accordance with subsection
   J of &#xA7; 22.1-289.035 or &#xA7; 22.1-289.039;

   50. The National Center for Missing and Exploited Children for the purpose of
   screening individuals who are offered or accept employment or will be
   providing volunteer or contractual services with the National Center for
   Missing and Exploited Children;

   51. The Executive Director or investigators of the Board of Accountancy for
   the purpose of the enforcement of laws relating to the Board of Accountancy in
   accordance with &#xA7; 54.1-4407; and

   52. Other entities as otherwise provided by law.
   				Upon an ex parte motion of a defendant in a felony case and upon the
   showing that the records requested may be relevant to such case, the court
   shall enter an order requiring the Central Criminal Records Exchange to
   furnish the defendant, as soon as practicable, copies of any records of
   persons designated in the order on whom a report has been made under the
   provisions of this chapter.
   				Notwithstanding any other provision of this chapter to the contrary, upon
   a written request sworn to before an officer authorized to take
   acknowledgments, the Central Criminal Records Exchange, or the criminal
   justice agency in cases of offenses not required to be reported to the
   Exchange, shall furnish a copy of conviction data covering the person named in
   the request to the person making the request; however, such person on whom the
   data is being obtained shall consent in writing, under oath, to the making of
   such request. A person receiving a copy of his own conviction data may utilize
   or further disseminate that data as he deems appropriate. In the event no
   conviction data is maintained on the data subject, the person making the
   request shall be furnished at his cost a certification to that effect.

B. Use of criminal history record information disseminated to noncriminal
justice agencies under this section shall be limited to the purposes for which
it was given and may not be disseminated further, except as otherwise provided
in subdivision A 49.

C. No criminal justice agency or person shall confirm the existence or
nonexistence of criminal history record information for employment or licensing
inquiries except as provided by law.

D. Criminal justice agencies shall establish procedures to query the Central
Criminal Records Exchange prior to dissemination of any criminal history record
information on offenses required to be reported to the Central Criminal Records
Exchange to ensure that the most up-to-date disposition data is being used.
Inquiries of the Exchange shall be made prior to any dissemination except in
those cases where time is of the essence and the normal response time of the
Exchange would exceed the necessary time period. A criminal justice agency to
whom a request has been made for the dissemination of criminal history record
information that is required to be reported to the Central Criminal Records
Exchange may direct the inquirer to the Central Criminal Records Exchange for
such dissemination. Dissemination of information regarding offenses not required
to be reported to the Exchange shall be made by the criminal justice agency
maintaining the record as required by &#xA7; 15.2-1722.

E. Criminal history information provided to licensed nursing homes, hospitals
and to home care organizations pursuant to subdivision A 18 shall be limited to
the convictions on file with the Exchange for any offense specified in
&#xA7;&#xA7; 32.1-126.01, 32.1-126.02, and 32.1-162.9:1.

F. Criminal history information provided to licensed assisted living facilities
and licensed adult day centers pursuant to subdivision A 19 shall be limited to
the convictions on file with the Exchange for any offense specified in &#xA7;
63.2-1720.

G. Criminal history information provided to public agencies pursuant to
subdivision A 39 shall be limited to the convictions on file with the Exchange
for any offense set forth in clause (i) of the definition of barrier crime in
&#xA7; 19.2-392.02.

H. Upon receipt of a written request from an employer or prospective employer,
the Central Criminal Records Exchange, or the criminal justice agency in cases
of offenses not required to be reported to the Exchange, shall furnish at the
employer&#8217;s cost a copy of conviction data covering the person named in the
request to the employer or prospective employer making the request, provided
that the person on whom the data is being obtained has consented in writing to
the making of such request and has presented a photo-identification to the
employer or prospective employer. In the event no conviction data is maintained
on the person named in the request, the requesting employer or prospective
employer shall be furnished at his cost a certification to that effect. The
criminal history record search shall be conducted on forms provided by the
Exchange.

I. The attorney for the Commonwealth shall provide a physical or electronic copy
of a person&#8217;s criminal history record information, including criminal
history record information maintained in the National Crime Information Center
(NCIC) and the Interstate Identification Index System (III System) that is in
his possession, pursuant to the rules of court for obtaining discovery or for
review by the court. No criminal history record information provided under this
subsection shall be disseminated further.

HISTORY: Code 1950, § 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118;
1975, c. 495; 1976, c. 771; 1977, c. 626; 1978, c. 350; 1979, c. 480; 1981, c.
207; 1985, c. 360; 1987, cc. 130, 131; 1988, c. 851; 1989, c. 544; 1990, c. 766;
1991, c. 342; 1992, cc. 422, 641, 718, 746, 791, 844; 1993, cc. 48, 313, 348;
1994, cc. 34, 670, 700, 830; 1995, cc. 409, 645, 731, 781, 809; 1996, cc. 428,
432, 747, 881, 927, 944; 1997, cc. 169, 177, 606, 691, 721, 743, 796, 895; 1998,
cc. 113, 405, 445, 882; 1999, cc. 383, 685; 2001, cc. 552, 582; 2002, cc. 370,
587, 606; 2003, c. 731; 2005, cc. 149, 914, 928; 2006, cc. 257, 277, 644; 2007,
cc. 12, 361, 495, 572; 2008, cc. 387, 689, 863; 2009, cc. 667, 813, 840; 2010,
cc. 189, 340, 406, 456, 524, 563, 862; 2011, cc. 432, 449; 2012, cc. 40, 189,
386, 476, 507, 803, 835; 2013, cc. 165, 176, 261, 407, 491, 582; 2014, cc. 225,
454; 2015, cc. 38, 343, 540, 730, 758, 770; 2016, cc. 454, 554, 574; 2017, cc.
421, 431, 809; 2018, c. 49; 2019, c. 675; 2020, cc. 2, 529, 860, 861, 1197,
1198, 1248, 1250; 2021, Sp. Sess. I, cc. 251, 463, 475, 510; 2023, cc. 42, 43,
236, 651; 2024, cc. 37, 150, 526, 654, 677; 2025, cc. 214, 451, 543, 556.