                                 CODE OF VIRGINIA

STATE AGENCIES PROHIBITED FROM INQUIRING ABOUT ARRESTS, CHARGES, OR CONVICTIONS
ON EMPLOYMENT APPLICATIONS; EXCEPTIONS (§ 2.2-2812.1)

A. As used in this section:
			&#8220;Conviction&#8221; means any adjudication that an individual committed
a crime, any finding of guilt after a criminal trial by a court of competent
jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.
			&#8220;Staff interview&#8221; means any interview of a prospective employee
for a job by current state agency staff.
			&#8220;State agency&#8221; means any authority, board, department,
instrumentality, institution, agency, or other unit of state government.

B. No state agency shall request a prospective employee to complete an
application for employment that includes a question inquiring whether the
prospective employee has ever been arrested for, charged with, or convicted of
any crime. This prohibition shall not apply to any employment-related
applications or questionnaires provided during or after a staff interview.

C. No state agency shall inquire whether a prospective employee has ever been
arrested for, charged with, or convicted of any crime unless the inquiry takes
place during or after a staff interview of the prospective employee.

D. Nothing in this section shall prevent a state agency from considering
information received during or after a staff interview pertaining to a
prospective employee having been arrested for, charged with, or convicted of any
crime.

E. The prohibition in this section shall not apply to positions designated as
sensitive pursuant to &#xA7; 2.2-1201.1, to law-enforcement agency positions or
positions related to law-enforcement agencies, or to state agencies that are
expressly permitted to inquire into an individual&#8217;s criminal arrests or
charges for employment purposes pursuant to any provision of federal or state
law.

HISTORY: 2020, c. 422.