2006 Code of Virginia § 54.1-204 - Prior convictions not to abridge rights

54.1-204. Prior convictions not to abridge rights.

A. A person shall not be refused a license, certificate or registration topractice, pursue, or engage in any regulated occupation or profession solelybecause of a prior criminal conviction, unless the criminal convictiondirectly relates to the occupation or profession for which the license,certificate or registration is sought. However, the regulatory board shallhave the authority to refuse a license, certificate or registration if, basedupon all the information available, including the applicant's record of priorconvictions, it finds that the applicant is unfit or unsuited to engage insuch occupation or profession.

B. In determining whether a criminal conviction directly relates to anoccupation or profession, the regulatory board shall consider the followingcriteria:

1. The nature and seriousness of the crime;

2. The relationship of the crime to the purpose for requiring a license toengage in the occupation;

3. The extent to which the occupation or profession might offer anopportunity to engage in further criminal activity of the same type as thatin which the person had been involved;

4. The relationship of the crime to the ability, capacity or fitness requiredto perform the duties and discharge the responsibilities of the occupation orprofession;

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 inthe commission of a crime;

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

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

C. A regulatory board or department may require any applicant forregistration, licensure or certification to submit to fingerprinting and toprovide personal descriptive information to be forwarded along with theapplicant's fingerprints through the Central Criminal Records Exchange to theFederal Bureau of Investigation for the purpose of obtaining criminal historyrecord information regarding such applicant. Such applicant shall pay thecost of the fingerprinting or a 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 regulatoryboard or department or their designee, who must belong to a governmentalentity. If an applicant is denied a registration, license or certificatebecause of the information appearing in his criminal history record, theregulatory board or department shall notify the applicant that informationobtained from the Central Criminal Records Exchange contributed to suchdenial. The information shall not be disseminated except as provided for inthis section.

D. A regulatory board or department shall consider the criminal informationas contained in the applicant's state or national criminal history in lieu ofthe applicant providing certified copies of such court records in determiningwhether a criminal conviction directly relates to an occupation or professionor if an applicant is unfit or unsuited to engage in an occupation orprofession. The regulatory board or department may request additionalinformation from the applicant in making such determination.

(1979, c. 408, 54-1.21; 1988, c. 765; 2003, c. 582.)