15.2-1505.1 - Applicant preemployment information.
§ 15.2-1505.1. Applicant preemployment information.
A locality may by ordinance, and in accordance with § 19.2-389, requireapplicants upon offer of employment with the locality to submit tofingerprinting and to provide personal descriptive information to beforwarded along with the applicant's fingerprints through the CentralCriminal Records Exchange and the Federal Bureau of Investigation for thepurpose of obtaining criminal history record information regarding suchapplicant. Such applicants shall, if required by ordinance, pay the cost ofthe fingerprinting or criminal records check or both.
The Central Criminal Records Exchange, upon receipt of an applicant's recordor notification that no record exists, shall make a report to the chiefadministrative officer of the locality or his designee, who must belong to agovernmental entity. In determining whether a criminal conviction directlyrelates to a position, the locality shall consider the following criteria:(i) the nature and seriousness of the crime; (ii) the relationship of thecrime to the work to be performed in the position applied for; (iii) theextent to which the position applied for might offer an opportunity to engagein further criminal activity of the same type as that in which the person hadbeen involved; (iv) the relationship of the crime to the ability, capacity orfitness required to perform the duties and discharge the responsibilities ofthe position being sought; (v) the extent and nature of the person's pastcriminal activity; (vi) the age of the person at the time of the commissionof the crime; (vii) the amount of time that has elapsed since the person'slast involvement in the commission of a crime; (viii) the conduct and workactivity of the person prior to and following the criminal activity; and (ix)evidence of the person's rehabilitation or rehabilitative effort whileincarcerated or following release.
If an applicant is denied employment because of information appearing in hiscriminal history record, the locality shall notify the applicant thatinformation obtained from the Central Criminal Records Exchange contributedto such denial. The information shall not be disseminated except as providedfor in this section.
(2003, c. 739.)