A. As used in this section, "conviction" means any adjudication that an individual committed a crime, any finding of guilt after a criminal trial by a court of competent jurisdiction, or any plea of guilty or nolo contendere to a criminal charge.
B. No locality shall request a prospective employee to complete an application for employment that includes a question inquiring whether the prospective employee has ever been arrested for, charged with, or convicted of any crime. This prohibition shall not apply to (i) law-enforcement agency positions or positions related to law-enforcement agencies, (ii) positions for employment by the local school board, (iii) sensitive positions, or (iv) any employment-related applications or questionnaires provided during or after a staff interview. For purposes of this subsection, "sensitive positions" shall include those positions:
1. Responsible for the health, safety, and welfare of citizens or the protection of critical infrastructure;
2. That have access to sensitive information, including access to federal tax information in approved exchange agreements with the Internal Revenue Service or Social Security Administration; and
3. That are otherwise required by state or federal law to be designated as sensitive.
C. No locality shall inquire whether a prospective employee has ever been arrested for, or charged with, or convicted of any crime unless the inquiry takes place during or after a staff interview of the prospective employee.
D. Nothing in this section shall prevent a locality from considering information received during or after a staff interview pertaining to a prospective employee having been arrested for, charged with, or convicted of any crime.
2020, c. 422.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
§ 15.2-1500. Organization of local government
§ 15.2-1500.1. Employment discrimination prohibited; sexual orientation or gender identity
§ 15.2-1501. Designation of officers to perform certain duties
§ 15.2-1502. Employment of certain deputies and assistants; delegation of powers and duties
§ 15.2-1503. Tenure of officers and employees; suspension or removal
§ 15.2-1503.1. Background checks required for certain employees and licensees
§ 15.2-1504. Use of tobacco products by government employees
§ 15.2-1505. Employment based on residency prohibited for certain employees
§ 15.2-1505.1. Applicant preemployment information
§ 15.2-1505.2. Personnel policies related to the use of public property
§ 15.2-1507. Provision of grievance procedure; training programs
§ 15.2-1507.1. Appointment of standing panel in certain counties
§ 15.2-1508. Bonuses for employees of local governments
§ 15.2-1508.1. Traveling expenses on business of town, city or county
§ 15.2-1508.2. Same; where Commonwealth bears portion of expenses
§ 15.2-1509. Preferences for veterans and people with disabilities in local government employment
§ 15.2-1510. Retirement systems
§ 15.2-1510.1. Public announcement of severance packages for certain officials
§ 15.2-1511. Allowances to injured officials and employees and their dependents
§ 15.2-1511.01. Allowances to injured deputy sheriffs
§ 15.2-1511.1. Written benefit information to certain employees
§ 15.2-1512.3. Telecommuting by local government employees
§ 15.2-1512.4. Rights of local employees to contact elected officials
§ 15.2-1513. Joint local government employees permitted
§ 15.2-1514. Exercise of powers and duties
§ 15.2-1515. Compensation, benefits and liability insurance of such persons
§ 15.2-1517.1. Formation of not-for-profit benefits consortium
§ 15.2-1522. When and how officers qualify
§ 15.2-1523. Record of qualification
§ 15.2-1524. Failure to qualify vacates office
§ 15.2-1525. Where officers shall reside
§ 15.2-1526. Removal vacates office
§ 15.2-1527. Bonds of officers
§ 15.2-1529. Amount of bond of treasurer or director of finance of counties
§ 15.2-1530. Bonds required of treasurers or directors of finance of cities
§ 15.2-1531. When certain city and county treasurers not required to give additional bond
§ 15.2-1532. Payment of premiums on bonds for more than one year in advance
§ 15.2-1533. Bond plan to be forwarded to clerk and Comptroller
§ 15.2-1534. Certain officers not to hold more than one office
§ 15.2-1536. Required and discretionary officers
§ 15.2-1537. Financial officer
§ 15.2-1537.1. Disposition of state funds locally collected
§ 15.2-1538. Clerk for the governing body
§ 15.2-1539. General duties of clerk
§ 15.2-1540. Chief administrative officer
§ 15.2-1541. Administrative head of government
§ 15.2-1541.1. Authority of county administrator to maintain centralized system of accounting
§ 15.2-1543. Employment of purchasing agent; duties
§ 15.2-1545. Postemployment benefits other than pensions defined