2010 Code of Virginia
Title 46.2 - MOTOR VEHICLES.
Chapter 28 - Board of Towing and Recovery Operators (46.2-2800 thru 46.2-2828)
46.2-2814.1 - Prior convictions not to abridge rights.

§ 46.2-2814.1. Prior convictions not to abridge rights.

A. A person shall not be refused a license or a tow truck driver authorization document solely because of a prior criminal conviction, unless the criminal conviction directly relates to the towing and recovery of vehicles and safety of the users of the services offered by such license or holder of a tow truck authorization document. However, the Board shall have the authority to refuse to issue a license or tow truck driver authorization document if, based upon all the information available, including the applicant's record of prior convictions, it finds that the applicant is unfit or unsuited to engage in towing and recovery of vehicles.

B. In determining whether a criminal conviction directly relates to the towing and recovery of vehicles, the Board shall consider the following criteria:

1. The nature and seriousness of the crime;

2. The relationship of the crime to towing and recovery of vehicles;

3. The extent to which towing and recovery of vehicles might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved;

4. The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of towing and recovery of vehicles;

5. The extent and nature of the person's past criminal activity;

6. The age of the person at the time of the commission of the crime;

7. The amount of time that has elapsed since the person's last involvement in the commission of a crime;

8. The conduct and work activity of the person prior to and following the criminal activity; and

9. Evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

C. The Board shall consider the criminal information as contained in the applicant's state or national criminal history in lieu of the applicant providing certified copies of such court records in determining whether a criminal conviction directly relates to an occupation or profession or if an applicant is unfit or unsuited to engage in towing and recovery of vehicles. The Board may request additional information from the applicant in making such determination.

(2008, cc. 470, 647.)