                                 CODE OF VIRGINIA

ADMISSIONS APPLICATIONS; CRIMINAL HISTORY (§ 23.1-407.1)

A. No public institution of higher education shall (i) utilize an
institution-specific admissions application that contains questions about the
criminal history of the applicant or (ii) deny admission to any applicant solely
on the basis of any criminal history information provided by the applicant on
any third-party admissions application accepted by the institution.

B. Notwithstanding the provisions of subsection A, any public institution of
higher education that requires each student to enroll in the Reserve
Officers&#8217; Training Corps (ROTC) as a condition of enrollment may inquire
into the criminal history of any applicant prior to the applicant&#8217;s
receiving a conditional offer of acceptance to determine his eligibility to
accept a commission in the Armed Forces of the United States.

C. Nothing in this section shall be construed to prohibit a public institution
of higher education from inquiring into the criminal history of any individual
who has been admitted to but has yet to enroll at the institution. Any public
institution of higher education may withdraw an offer of admission to any
individual whom the institution subsequently determines to have a criminal
history that poses a threat to the institution&#8217;s community.

D. Notwithstanding the provisions of subsection A, a law school of a public
institution of higher education that is accredited by the American Bar
Association may inquire into the criminal history of any applicant to determine
whether the applicant appears capable of being admitted to the bar. Any such law
school shall inform applicants that the existence of a criminal history will
not, by itself, disqualify an applicant for admission.

HISTORY: 2021, Sp. Sess. I, c. 440.