                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISSEMINATION OF CRIMINAL HISTORY RECORDS AND TRAFFIC
HISTORY RECORDS BY BUSINESS SCREENING SERVICES (§ 19.2-392.16)

A. For the purposes of this section:
			&#8220;Business screening service&#8221; means a person engaged in the
business of collecting, assembling, evaluating, or disseminating Virginia
criminal history records or traffic history records on individuals.
			&#8220;Business screening service&#8221; does not include any government
entity or the news media.
			&#8220;Criminal history record&#8221; means any information collected by a
business screening service on individuals containing any personal identifying
information, photograph, or other identifiable descriptions pertaining to an
individual and any information regarding arrests, detentions, indictments, or
other formal criminal charges, and any disposition arising therefrom, including
acquittal, sentencing, correctional supervision, or release.
			&#8220;Delete&#8221; means that a criminal history record or a traffic
history record shall not be disseminated in any manner, except to any entity
authorized to receive and use such information pursuant to &#xA7; 19.2-392.13
and pursuant to the rules and regulations adopted pursuant to &#xA7; 9.1-128 and
the procedures adopted pursuant to &#xA7; 9.1-134, but may be retained in order
to resolve any disputes relating to this section, the accuracy of the record
consistent with the federal Fair Credit Reporting Act, 15 U.S.C. &#xA7; 1681 et
seq., or the Gramm-Leach-Bliley Act, 15 U.S.C. &#xA7; 6801 et seq.
			&#8220;Sealed possession of marijuana record&#8221; means any criminal or
civil offense that concluded with any final disposition as a charge or
conviction of former &#xA7; 18.2-250.1 which has been sealed without the entry
of a court order pursuant to &#xA7; 19.2-392.6:1.
			&#8220;Sealed record&#8221; means a Virginia criminal history record or a
traffic history record that has been sealed pursuant to &#xA7; 19.2-392.7,
19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or
19.2-392.17.
			&#8220;Traffic history record&#8221; means any information collected by a
business screening service on individuals containing any personal identifying
information, photograph, or other identifiable descriptions pertaining to an
individual and any information regarding arrests, detentions, indictments, or
other formal traffic infraction charges, and any disposition arising therefrom.

B. If a business screening service knows that a criminal history record or a
traffic history record is a sealed record or a sealed possession of marijuana
record, regardless of the source of the record, the business screening service
shall promptly delete the record.

C. A business screening service shall register with the Department of State
Police to electronically receive notifications of orders of sealing provided to
the Department of State Police pursuant to &#xA7;&#xA7; 19.2-392.7, 19.2-392.8,
19.2-392.10, 19.2-392.11, 19.2-392.12, and 19.2-392.12:1. The Department of
State Police may charge an annual licensing fee to the business screening
service for accessing such information, with such fee to be used to cover the
cost of providing such records. The contract between the Department of State
Police and the business screening service shall prohibit dissemination of the
electronic notifications of the orders of sealing and shall require compliance
by the business screening service with the provisions of subsections D, E, and
F. The electronic notifications of the orders of sealing received by the
business screening service and all information contained therein shall remain
confidential and shall not be disseminated or resold. The electronic
notifications of the orders of sealing shall be used for the sole purpose of
deleting criminal history records that have been sealed. The business screening
service shall delete the electronic notifications of the orders of sealing after
deleting the information contained in such orders from sealed records. The
Department of State Police shall require that the business screening service
seeking access to the information identify themselves, certify the purposes for
which the information is sought, and certify that the information will be used
for no other purpose. The Department of State Police shall further require that
a business screening service acknowledge receipt of all electronic notifications
of the orders of sealing provided by the Department of State Police. The
Department of State Police shall maintain and publicly post a list on its
website identifying the business screening services that are licensed to receive
such records.

D. A business screening service that disseminates a criminal history record or a
traffic history record on or after the effective date of this section shall
include the date when the record was collected by the business screening service
and a notice that the information may include records that have been sealed
since that date.

E. A business screening service shall implement and follow reasonable procedures
to assure that it does not maintain or sell criminal history records or traffic
history records that are inaccurate or incomplete. If the completeness or
accuracy of a criminal history record or traffic history record maintained by a
business screening service is disputed by the individual who is the subject of
the record, the business screening service shall, without charge, investigate
the disputed record. If, upon investigation, the business screening service
determines that the record does not accurately reflect the content of the
official record, the business screening service shall correct the disputed
record so as to accurately reflect the content of the official record. If the
disputed record is found to have been sealed pursuant to &#xA7; 19.2-392.6:1,
19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or
19.2-392.17, the business screening service shall promptly delete the record. A
business screening service may terminate an investigation of a disputed record
if the business screening service reasonably determines that the dispute is
frivolous, which may be based on the failure of the subject of the record to
provide sufficient information to investigate the disputed record. Upon making a
determination that the dispute is frivolous, the business screening service
shall inform the subject of the record of the specific reasons why it has
determined that the dispute is frivolous and shall provide a description of any
information required to investigate the disputed record. The business screening
service shall notify the subject of the disputed record of the correction or
deletion of the record or of the termination or completion of the investigation
related to the record within 30 days of the date when the business screening
service receives notice of the dispute from the subject of the record.

F. A business screening service shall implement procedures for individuals to
submit a request to obtain their own criminal history record and traffic history
record information maintained by the business screening service and any other
information that may be sold to another entity by the business screening service
regarding the individual.

G. A business screening service that violates this section is liable to the
person who is the subject of the criminal history record or traffic history
record for a penalty of $1,000 or actual damages caused by the violation,
whichever is greater, plus costs and reasonable attorney fees. Within 10 days of
service of any suit by an individual, the business screening service may make a
cure offer in writing to the individual claiming to have suffered a loss as a
result of a violation of this section. Such offer shall be in writing and
include one or more things of value, including the payment of money. A cure
offer shall be reasonably calculated to remedy a loss claimed by the individual,
as well as any attorney fees or other fees, expenses, or other costs of any kind
that such individual may incur in relation to such loss. No cure offer shall be
admissible in any proceeding initiated under this section, unless the cure offer
is delivered by the business screening service to the individual claiming loss
or to any attorney representing such individual prior to the filing of the
business screening service&#8217;s initial responsive pleading in such
proceeding. The business screening service shall not be liable for such
individual&#8217;s attorney fees and court costs incurred following delivery of
the cure offer unless the actual damages found to have been sustained and
awarded, without consideration of attorney fees and court costs, exceed the
value of the cure offer.

H. The Attorney General may file a civil action to enforce this section. If the
court finds that a business screening service has willfully engaged in an act or
practice in violation of this section, the Attorney General may recover for the
Literary Fund, upon petition to the court, a civil penalty of not more than
$2,500 per violation. For the purposes of this section, prima facie evidence of
a willful violation may be shown when the Attorney General notifies the alleged
violator by certified mail that an act or practice is a violation of this
section and the alleged violator, after receipt of said notice, continues to
engage in the act or practice. In any civil action pursuant to this subsection,
in addition to any civil penalty awarded, the Attorney General may also recover
any costs and reasonable expenses incurred by the state in investigating and
preparing the case, not to exceed $1,000 per violation, and attorney fees. Such
additional costs and expenses shall be paid into the general fund of the
Commonwealth.

I. A business screening service that disseminates criminal history records or
traffic history records in the Commonwealth is deemed to have consented to
service of process in the Commonwealth and to the jurisdiction of courts of the
Commonwealth for actions involving a violation of this section or for the
recovery of remedies under this section.

J. A business screening service that is a consumer reporting agency and that is
in compliance with the applicable provisions of the federal Fair Credit
Reporting Act, 15 U.S.C. &#xA7; 1681 et seq., or the Gramm-Leach-Bliley Act, 15
U.S.C. &#xA7; 6801 et seq., is considered to be in compliance with the
comparable provisions of this section. A business screening service is subject
to the state remedies under this section if its actions would violate this
section and federal law.

K. Any business screening service or person who engages in the conduct of a
business screening service, as set forth this this section, that fails to
register with the Department of State Police as required by subsection C and
that disseminates criminal history records or traffic history records in the
Commonwealth may be subject to (i) suit by any person injured by such
dissemination and (ii) enforcement actions by the Attorney General as set forth
in subsection H.

L. Nothing in this section shall prohibit the prosecution of any person who
knowingly and intentionally violates the provisions of &#xA7; 19.2-392.14.

HISTORY: 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.