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Conducting Criminal Record Checks in Virginia

Filed under Hiring Workers. Fact checked on May 25, 2012.

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Employers in Virginia are permitted or required to conduct criminal record checks in accordance with these rules.

Criminal record checks are authorized for the following employers for the purpose of determining an individual's fitness for employment:

  • licensed nursing homes for adults, licensed district homes for adults and licensed adult day-care centers for the investigation of applicants for compensation employment
  • personnel in private preschool or nursery school programs
  • school bus drivers
  • hospital pharmacy employees, and employees of residential facilities for juveniles

Employers in Virginia may not require prospective employees to provide information concerning any arrest or criminal charges that have been expunged.

An assisted living facility, adult day care center or child welfare agency licensed or registered, or family day home approved by family day systems, is prohibited from employing for compensation persons convicted of certain sex offenses. In the case of a child welfare agency, the provisions of this law apply to employees who are involved in the day-to-day operations of the agency or who are alone with, in control of, or supervising one or more children.

Fingerprinting Requirements and Special Rules

The governing boards or administrators of accredited private or parochial schools must require applicants who accept employment for the first time after July 1, 1998, to provide personal descriptive information that will be forwarded, along with the applicant's fingerprints, to the FBI for the purpose of obtaining criminal history information. The law applies to elementary and secondary schools and to full-time, part-time, permanent and temporary employees.

As a condition of employment, school boards of certain counties and cities that follow the executive form of government must require any individual who accepts employment after July 1, 1989, to submit to fingerprinting, to be forwarded to the FBI for a criminal background check.

Fingerprinting is also required of employees in the private security industry who are required to register with the Department of Commerce.

As a condition of awarding a contract for the provision of services that require a contractor or his or her employees to have direct contact with students on school property during regular school hours or during school sponsored activities, the school board must require the contractor to provide certification that all persons who will provide such services have not been convicted of a felony or any offense involving the sexual molestation or physical or sexual abuse or rape of a child.

Criminal history record information may be disseminated to the Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services.

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