                                 CODE OF VIRGINIA

BACKGROUND CHECK REQUIRED (§ 37.2-314)

A. As used in this section, &#8220;peer recovery specialist&#8221; means any
person who has completed a peer recovery specialist training course approved by
the Department of Behavioral Health and Developmental Services.

B. As a condition of employment, the Department shall require any applicant who
(i) accepts a position of employment at a state facility and was not employed by
that state facility prior to July 1, 1996, or (ii) accepts a position with the
Department that receives, monitors, or disburses funds of the Commonwealth and
was not employed by the Department prior to July 1, 1996, to submit to
fingerprinting and provide personal descriptive information to be forwarded
along with the applicant&#8217;s fingerprints through the Central Criminal
Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of
obtaining national criminal history record information regarding the applicant.

C. For purposes of clause (i) of subsection B, the Department shall not hire for
compensated employment persons who have been convicted of (i) any offense set
forth in clause (i), (ii), or (iii) of the definition of barrier crime in &#xA7;
19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of
barrier crime in &#xA7; 19.2-392.02 (a) in the five years prior to the
application date for employment or (b) if such person continues on probation or
parole or has failed to pay required court costs for such offense set forth in
clause (iv) of the definition of barrier crime in &#xA7; 19.2-392.02.

D. Notwithstanding the provisions of subsection C, the Department may hire for
compensated employment at an adult substance abuse or mental health treatment
program a person who was convicted of any misdemeanor violation of &#xA7;
18.2-57 or any violation of &#xA7; 18.2-248, 18.2-250, or 18.2-258.1, except an
offense pursuant to subsection H1 or H2 of &#xA7; 18.2-248, provided that such
conviction occurred more than four years prior to the application date for
employment.

E. Notwithstanding the provisions of subsection C, the Department may hire for
compensated employment at an adult substance abuse or adult mental health
treatment program a person who was convicted of any violation of &#xA7;
18.2-51.3; any misdemeanor violation of &#xA7; 18.2-56 or 18.2-56.1; any first
offense misdemeanor violation of &#xA7; 18.2-57.2; any violation of &#xA7;
18.2-60, 18.2-89, 18.2-92, or 18.2-94; any misdemeanor violation of &#xA7;
18.2-282, 18.2-346, or 18.2-346.01; any offense set forth in clause (iii) of the
definition of barrier crime in &#xA7; 19.2-392.02, except an offense pursuant to
subsection H1 or H2 of &#xA7; 18.2-248; or any substantially similar offense
under the laws of another jurisdiction, if the Department determines, based upon
a screening assessment, that the criminal behavior was substantially related to
the applicant&#8217;s substance abuse or mental illness and that the person has
been successfully rehabilitated and is not a risk to individuals receiving
services based on his criminal history background and his substance abuse or
mental illness history. In addition, where the employment at an adult substance
abuse treatment program is as a peer recovery specialist, the Department may
hire any person eligible under this subsection or who was convicted of any
offense set forth in clause (iv) of the definition of barrier crime in &#xA7;
19.2-392.02 if the Department determines, based upon a screening assessment,
that the criminal behavior was substantially related to the person&#8217;s
substance abuse or mental illness and that the person has been successfully
rehabilitated and is not a risk to individuals receiving services based on his
criminal history background and his substance abuse or mental illness history.

F. The Department and a screening contractor designated by the Department shall
screen applicants who meet the criteria set forth in subsection E to assess
whether the applicants have been rehabilitated successfully and are not a risk
to individuals receiving services based on their criminal history backgrounds
and substance abuse or mental illness histories. To be eligible for such
screening, the applicant:

   1. Shall have completed all prison or jail terms; shall not be under probation
   or parole supervision; shall have no pending charges in any locality; shall
   have paid all fines, restitution, and court costs for any prior convictions;
   and shall have been free of parole or probation for at least five years for
   all convictions; or

   2. If the applicant is a peer recovery specialist, shall have completed all
   prison or jail terms, shall not be under probation or parole supervision,
   shall have no pending charges in any locality, and shall have been free of
   parole or probation for at least five years for all convictions.
   				In addition to any supplementary information the Department or screening
   contractor may require or the applicant may wish to present, the applicant
   shall provide to the screening contractor a statement from his most recent
   probation or parole officer, if any, outlining his period of supervision and a
   copy of any pre-sentencing or post-sentencing report in connection with the
   felony conviction. The cost of this screening shall be paid by the applicant,
   unless the Department decides to pay the cost.

G. The Central Criminal Records Exchange, upon receipt of an applicant&#8217;s
record or notification that no record exists, shall submit a report or record to
the state facility or to the Department. If an applicant is denied employment
because of information appearing on his criminal history record and the
applicant disputes the information upon which the denial was based, the Central
Criminal Records Exchange shall, upon written request, furnish to the applicant
the procedures for obtaining a copy of the criminal history record from the FBI.
The information provided to the state facility or Department shall not be
disseminated except as provided in this section.

H. Those applicants listed in clause (i) of subsection B also shall provide to
the state facility or Department a copy of information from the central registry
maintained pursuant to &#xA7; 63.2-1515 on any investigation of child abuse or
neglect undertaken on them.

I. The Board may adopt regulations to comply with the provisions of this
section. Copies of any information received by the state facility or Department
pursuant to this section shall be available to the Department and to the
applicable state facility but shall not be disseminated further, except as
permitted by state or federal law. The cost of obtaining the criminal history
record and the central registry information shall be borne by the applicant,
unless the Department or state facility decides to pay the cost.

HISTORY: 1996, cc. 881, 927, § 37.1-20.3; 1999, c. 685; 2005, c. 716; 2012, cc.
383, 476, 507; 2017, c. 809; 2020, c. 1092; 2021, Sp. Sess. I, c. 188; 2023, cc.
138, 139; 2024, cc. 651, 683; 2025, c. 380.