2006 Code of Virginia § 37.2-314 - Background check required

37.2-314. Background check required.

A. As a condition of employment, the Department shall require any individualwho (i) accepts a position of employment at a state facility and was notemployed by that state facility prior to July 1, 1996, or (ii) accepts aposition with the Department that receives, monitors, or disburses funds ofthe Commonwealth and was not employed by the Department prior to July 1,1996, to submit to fingerprinting and provide personal descriptiveinformation to be forwarded along with the applicant's fingerprints throughthe Central Criminal Records Exchange to the Federal Bureau of Investigation(FBI) for the purpose of obtaining national criminal history recordinformation regarding the individual.

B. For purposes of clause (i) of subsection A, the Department shall not hirefor compensated employment persons who have been (i) convicted of murder ormanslaughter, as set out in Article 1 ( 18.2-30 et seq.) of Chapter 4 ofTitle 18.2; malicious wounding by mob, as set out in 18.2-41; abduction, asset out in subsection A of 18.2-47; abduction for immoral purposes, as setout in 18.2-48; assault and bodily wounding, as set out in Article 4 (18.2-51 et seq.) of Chapter 4 of Title 18.2; robbery, as set out in 18.2-58; carjacking, as set out 18.2-58.1; extortion by threat, as set outin 18.2-59; threat, as set out in 18.2-60; any felony stalking violation,as set out in 18.2-60.3; sexual assault, as set out in Article 7 ( 18.2-61et seq.) of Chapter 4 of Title 18.2; arson, as set out in Article 1 (18.2-77 et seq.) of Chapter 5 of Title 18.2; burglary, as set out in Article2 ( 18.2-89 et seq.) of Chapter 5 of Title 18.2; any felony violationrelating to distribution of drugs, as set out in Article 1 ( 18.2-247 etseq.) of Chapter 7 of Title 18.2; drive-by shooting, as set out in 18.2-286.1; use of a machine gun in a crime of violence, as set out in 18.2-289; aggressive use of a machine gun, as set out in 18.2-290; use of asawed-off shotgun in a crime of violence, as set out in subsection A of 18.2-300; pandering, as set out in 18.2-355; crimes against natureinvolving children, as set out in 18.2-361; taking indecent liberties withchildren, as set out in 18.2-370 or 18.2-370.1; abuse or neglect ofchildren, as set out in 18.2-371.1, including failing to secure medicalattention for an injured child, as set out in 18.2-314; obscenity offenses,as set out in 18.2-374.1; possession of child pornography, as set out in 18.2-374.1:1; electronic facilitation of pornography, as set out in 18.2-374.3; incest, as set out in 18.2-366; abuse or neglect ofincapacitated adults, as set out in 18.2-369; employing or permitting aminor to assist in an act constituting an offense under Article 5 ( 18.2-372et seq.) of Chapter 8 of Title 18.2, as set out in 18.2-379; delivery ofdrugs to prisoners, as set out in 18.2-474.1; escape from jail, as set outin 18.2-477; felonies by prisoners, as set out in 53.1-203; or anequivalent offense in another state; (ii) convicted of any felony violationrelating to possession of drugs, as set out in Article 1 ( 18.2-247 et seq.)of Chapter 7 of Title 18.2, in the five years prior to the application datefor employment; or (iii) convicted of any felony violation relating topossession of drugs, as set out in Article 1 ( 18.2-247 et seq.) of Chapter7 of Title 18.2, and continue on probation or parole or have failed to payrequired court costs.

C. The Central Criminal Records Exchange, upon receipt of an individual'srecord or notification that no record exists, shall submit a report to thestate facility or to the Department. If an individual is denied employmentbecause of information appearing on his criminal history record and theapplicant disputes the information upon which the denial was based, theCentral Criminal Records Exchange shall, upon written request, furnish to theapplicant the procedures for obtaining a copy of the criminal history recordfrom the FBI. The information provided to the state facility or Departmentshall not be disseminated except as provided in this section.

D. Those individuals listed in clause (i) of subsection A also shall provideto the state facility or Department a copy of information from the centralregistry maintained pursuant to 63.2-1515 on any investigation of childabuse or neglect undertaken on them.

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

(1996, cc. 881, 927, 37.1-20.3; 1999, c. 685; 2005, c. 716.)