2006 Code of Virginia § 19.2-389 - Dissemination of criminal history record information

19.2-389. Dissemination of criminal history record information.

A. Criminal history record information shall be disseminated, whetherdirectly or through an intermediary, only to:

1. Authorized officers or employees of criminal justice agencies, as definedby 9.1-101, for purposes of the administration of criminal justice and thescreening of an employment application or review of employment by a criminaljustice agency with respect to its own employees or applicants, anddissemination to the Virginia Parole Board, pursuant to this subdivision, ofsuch information on all state-responsible inmates for the purpose of makingparole determinations pursuant to subdivisions 1, 2, 3, and 5 of 53.1-136shall include collective dissemination by electronic means every 30 days;

2. Such other individuals and agencies that require criminal history recordinformation to implement a state or federal statute or executive order of thePresident of the United States or Governor that expressly refers to criminalconduct and contains requirements or exclusions expressly based upon suchconduct, except that information concerning the arrest of an individual maynot be disseminated to a noncriminal justice agency or individual if aninterval of one year has elapsed from the date of the arrest and nodisposition of the charge has been recorded and no active prosecution of thecharge is pending;

3. Individuals and agencies pursuant to a specific agreement with a criminaljustice agency to provide services required for the administration ofcriminal justice pursuant to that agreement which shall specificallyauthorize access to data, limit the use of data to purposes for which given,and ensure the security and confidentiality of the data;

4. Individuals and agencies for the express purpose of research, evaluative,or statistical activities pursuant to an agreement with a criminal justiceagency that shall specifically authorize access to data, limit the use ofdata to research, evaluative, or statistical purposes, and ensure theconfidentiality and security of the data;

5. Agencies of state or federal government that are authorized by state orfederal statute or executive order of the President of the United States orGovernor to conduct investigations determining employment suitability oreligibility for security clearances allowing access to classified information;

6. Individuals and agencies where authorized by court order or court rule;

7. Agencies of any political subdivision of the Commonwealth for the conductof investigations of applicants for public employment, permit, or licensewhenever, in the interest of public welfare or safety, it is necessary todetermine under a duly enacted ordinance if the past criminal conduct of aperson with a conviction record would be compatible with the nature of theemployment, permit, or license under consideration;

8. Public or private agencies when and as required by federal or state law orinterstate compact to investigate (i) applicants for foster or adoptiveparenthood or (ii) any individual with whom the agency is considering placinga child on an emergency, temporary or permanent basis pursuant to 63.2-901.1, subject to the restriction that the data shall not be furtherdisseminated by the agency to any party other than a federal or stateauthority or court as may be required to comply with an express requirementof law for such further dissemination;

9. To the extent permitted by federal law or regulation, public servicecompanies as defined in 56-1, for the conduct of investigations ofapplicants for employment when such employment involves personal contact withthe public or when past criminal conduct of an applicant would beincompatible with the nature of the employment under consideration;

10. The appropriate authority for purposes of granting citizenship and forpurposes of international travel, including but not limited to, issuing visasand passports;

11. A person requesting a copy of his own criminal history record informationas defined in 9.1-101 at his cost, except that criminal history recordinformation shall be supplied at no charge to a person who has applied to bea volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters ofAmerica; (ii) a volunteer fire company or volunteer rescue squad; (iii) theVolunteer Emergency Families for Children; (iv) any affiliate of PreventChild Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) anyboard member or any individual who has been offered membership on the boardof a Crime Stoppers, Crime Solvers or Crime Line program as defined in 15.2-1713.1;

12. Administrators and board presidents of and applicants for licensure orregistration as a child welfare agency as defined in 63.2-100 fordissemination to the Commissioner of Social Services' representative pursuantto 63.2-1702 for the conduct of investigations with respect to employees ofand volunteers at such facilities, caretakers, and other adults living infamily day-care homes or homes approved by family day-care systems, andfoster and adoptive parent applicants of private child-placing agencies,pursuant to 63.2-1719 through 63.2-1721, subject to the restriction thatthe data shall not be further disseminated by the facility or agency to anyparty other than the data subject, the Commissioner of Social Services'representative or a federal or state authority or court as may be required tocomply with an express requirement of law for such further dissemination;

13. The school boards of the Commonwealth for the purpose of screeningindividuals who are offered or who accept public school employment and thosecurrent school board employees for whom a report of arrest has been madepursuant to 19.2-83.1;

14. The State Lottery Department for the conduct of investigations as setforth in the State Lottery Law ( 58.1-4000 et seq.), and the Department ofCharitable Gaming for the conduct of investigations as set forth in Article1.1:1 ( 18.2-340.15 et seq.) of Chapter 8 of Title 18.2;

15. Licensed nursing homes, hospitals and home care organizations for theconduct of investigations of applicants for compensated employment inlicensed nursing homes pursuant to 32.1-126.01, hospital pharmaciespursuant to 32.1-126.02, and home care organizations pursuant to 32.1-162.9:1, subject to the limitations set out in subsection E;

16. Licensed homes for adults, licensed district homes for adults, andlicensed adult day-care centers for the conduct of investigations ofapplicants for compensated employment in licensed homes for adults pursuantto 63.2-1720, in licensed district homes for adults pursuant to 63.1-189.1, and in licensed adult day-care centers pursuant to 63.2-1720,subject to the limitations set out in subsection F;

17. The Alcoholic Beverage Control Board for the conduct of investigations asset forth in 4.1-103.1;

18. The State Board of Elections and authorized officers and employeesthereof in the course of conducting necessary investigations with respect toregistered voters, limited to any record of felony convictions;

19. The Commissioner of the Department of Mental Health, Mental Retardationand Substance Abuse Services for those individuals who are committed to thecustody of the Commissioner pursuant to 19.2-169.2, 19.2-169.6, 19.2-176,19.2-177.1, 19.2-182.2, 19.2-182.3, 19.2-182.8 and 19.2-182.9 for the purposeof placement, evaluation, and treatment planning;

20. Any alcohol safety action program certified by the Commission on theVirginia Alcohol Safety Action Program for (i) assessments of habitualoffenders under 46.2-360, (ii) interventions with first offenders under 18.2-251, or (iii) services to offenders under 18.2-51.4, 18.2-266 or18.2-266.1;

21. Residential facilities for juveniles regulated or operated by theDepartment of Social Services, the Department of Education, or the Departmentof Mental Health, Mental Retardation and Substance Abuse Services for thepurpose of determining applicants' fitness for employment or for providingvolunteer or contractual services;

22. The Department of Mental Health, Mental Retardation and Substance AbuseServices and facilities operated by the Department for the purpose ofdetermining an individual's fitness for employment pursuant to departmentalinstructions;

23. Pursuant to 22.1-296.3, the governing boards or administrators ofprivate or religious elementary or secondary schools which are accredited bya statewide accrediting organization recognized, prior to January 1, 1996, bythe State Board of Education or a private organization coordinating suchrecords information on behalf of such governing boards or administratorspursuant to a written agreement with the Department of State Police;

24. Public and nonprofit private colleges and universities for the purpose ofscreening individuals who are offered or accept employment;

25. Executive directors of community services boards or the personneldirector serving the community services board for the purpose of determiningan individual's fitness for employment pursuant to 37.2-506 and 37.2-607;

26. Executive directors of behavioral health authorities as defined in 37.2-600 for the purpose of determining an individual's fitness foremployment pursuant to 37.2-506 and 37.2-607;

27. The Commissioner of the Department of Social Services for the purpose oflocating persons who owe child support or who are alleged in a pendingpaternity proceeding to be a putative father, provided that only the name,address, demographics and social security number of the data subject shall bereleased;

28. Authorized officers or directors of agencies licensed pursuant to Article2 ( 37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of MentalHealth, Mental Retardation and Substance Abuse Services for the purpose ofdetermining if any applicant who accepts employment in any direct consumercare position has been convicted of a crime that affects their fitness tohave responsibility for the safety and well-being of persons with mentalillness, mental retardation and substance abuse pursuant to 37.2-416,37.2-506 and 37.2-607;

29. The Commissioner of the Department of Motor Vehicles, for the purpose ofevaluating applicants for a motor carrier certificate or license subject tothe provisions of Chapters 20 ( 46.2-2000 et seq.) and 21 ( 46.2-2100 etseq.) of Title 46.2;

30. The chairmen of the Committees for Courts of Justice of the Senate or theHouse of Delegates for the purpose of determining if any person beingconsidered for election to any judgeship has been convicted of a crime;

31. Heads of state agencies in which positions have been identified assensitive for the purpose of determining an individual's fitness foremployment in positions designated as sensitive under Department of HumanResource Management policies developed pursuant to 2.2-1201.1.Dissemination of criminal history record information to the agencies shall belimited to those positions generally described as directly responsible forthe health, safety and welfare of the general populace or protection ofcritical infrastructures;

32. The Office of the Attorney General, for all criminal justice activitiesotherwise permitted under subdivision A 1 and for purposes of performingduties required by the Civil Commitment of Sexually Violent Predators Act (37.2-900 et seq.);

33. Shipyards, to the extent permitted by federal law or regulation, engagedin the design, construction, overhaul, or repair of nuclear vessels for theUnited States Navy, including their subsidiary companies, for the conduct ofinvestigations of applications for employment or for access to facilities, bycontractors, leased laborers, and other visitors;

34. Any employer of individuals whose employment requires that they enter thehomes of others, for the purpose of screening individuals who apply for, areoffered, or have accepted such employment; and

35. Other entities as otherwise provided by law.

Upon an ex parte motion of a defendant in a felony case and upon the showingthat the records requested may be relevant to such case, the court shallenter an order requiring the Central Criminal Records Exchange to furnish thedefendant, as soon as practicable, copies of any records of personsdesignated in the order on whom a report has been made under the provisionsof this chapter.

Notwithstanding any other provision of this chapter to the contrary, upon awritten request sworn to before an officer authorized to takeacknowledgments, the Central Criminal Records Exchange, or the criminaljustice agency in cases of offenses not required to be reported to theExchange, shall furnish a copy of conviction data covering the person namedin the request to the person making the request; however, such person on whomthe data is being obtained shall consent in writing, under oath, to themaking of such request. A person receiving a copy of his own conviction datamay utilize or further disseminate that data as he deems appropriate. In theevent no conviction data is maintained on the data subject, the person makingthe request shall be furnished at his cost a certification to that effect.

B. Use of criminal history record information disseminated to noncriminaljustice agencies under this section shall be limited to the purposes forwhich it was given and may not be disseminated further.

C. No criminal justice agency or person shall confirm the existence ornonexistence of criminal history record information for employment orlicensing inquiries except as provided by law.

D. Criminal justice agencies shall establish procedures to query the CentralCriminal Records Exchange prior to dissemination of any criminal historyrecord information on offenses required to be reported to the CentralCriminal Records Exchange to ensure that the most up-to-date disposition datais being used. Inquiries of the Exchange shall be made prior to anydissemination except in those cases where time is of the essence and thenormal response time of the Exchange would exceed the necessary time period.A criminal justice agency to whom a request has been made for thedissemination of criminal history record information that is required to bereported to the Central Criminal Records Exchange may direct the inquirer tothe Central Criminal Records Exchange for such dissemination. Disseminationof information regarding offenses not required to be reported to the Exchangeshall be made by the criminal justice agency maintaining the record asrequired by 15.2-1722.

E. Criminal history information provided to licensed nursing homes, hospitalsand to home care organizations pursuant to subdivision 15 of subsection Ashall be limited to the convictions on file with the Exchange for any offensespecified in 32.1-126.01, 32.1-126.02 and 32.1-162.9:1.

F. Criminal history information provided to licensed assisted livingfacilities, licensed district homes for adults, and licensed adult day-carecenters pursuant to subdivision 16 of subsection A shall be limited to theconvictions on file with the Exchange for any offense specified in 63.1-189.1 or 63.2-1720.

(Code 1950, 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118; 1975, c.495; 1976, c. 771; 1977, c. 626; 1978, c. 350; 1979, c. 480; 1981, c. 207;1985, c. 360; 1987, cc. 130, 131; 1988, c. 851; 1989, c. 544; 1990, c. 766;1991, c. 342; 1992, cc. 422, 641, 718, 746, 791, 844; 1993, cc. 48, 313, 348;1994, cc. 34, 670, 700, 830; 1995, cc. 409, 645, 731, 781, 809; 1996, cc.428, 432, 747, 881, 927, 944; 1997, cc. 169, 177, 606, 691, 721, 743, 796,895; 1998, cc. 113, 405, 445, 882; 1999, cc. 383, 685; 2001, cc. 552, 582;2002, cc. 370, 587, 606; 2003, c. 731; 2005, cc. 149, 914, 928; 2006, cc.257, 277, 644.)