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.
"Staff interview" means any interview of a prospective employee for a job by current state agency staff.
"State agency" means any authority, board, department, instrumentality, institution, agency, or other unit of state government.
B. No state agency 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 any employment-related applications or questionnaires provided during or after a staff interview.
C. No state agency shall inquire whether a prospective employee has ever been arrested for, 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 state agency 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.
E. The prohibition in this section shall not apply to positions designated as sensitive pursuant to § 2.2-1201.1, to law-enforcement agency positions or positions related to law-enforcement agencies, or to state agencies that are expressly permitted to inquire into an individual's criminal arrests or charges for employment purposes pursuant to any provision of federal or state law.
2020, c. 422.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 28 - General Provisions
§ 2.2-2800. Disability to hold state office
§ 2.2-2801. Disability to hold state office; exceptions
§ 2.2-2804. Selective Service compliance
§ 2.2-2805. Members of armed forces; reserve forces
§ 2.2-2806. Holding other office by officers of state institutions
§ 2.2-2807. Prohibition against holding two elected offices simultaneously; exceptions
§ 2.2-2808. Acts under color of office; contracts in violation of chapter
§ 2.2-2809. Bonds of certain officers required; condition
§ 2.2-2810. Premiums on such bonds
§ 2.2-2812. Employment of personnel
§ 2.2-2814. How salaries, expenses and other allowances paid; time of payment
§ 2.2-2815. Increase in salaries
§ 2.2-2817. Defense of employees
§ 2.2-2817.1. State agencies to establish alternative work schedules; reporting requirement
§ 2.2-2817.2. Employees of the University of Virginia Medical Center
§ 2.2-2818. Health and related insurance for state employees
§ 2.2-2818.01. Employer contributions
§ 2.2-2818.2. Application of mandates to the state employee health insurance plan
§ 2.2-2820. Purchase of health insurance coverage by part-time state employees
§ 2.2-2821.1. Leave for bone marrow or organ donation
§ 2.2-2821.2. Leave for volunteer fire and volunteer emergency medical services
§ 2.2-2821.3. Leave for volunteer members of Civil Air Patrol
§ 2.2-2823. Traveling expenses on state business; public or private transportation
§ 2.2-2824. Monitoring travel expenses while on state business
§ 2.2-2825. Reimbursement for certain travel expenditures; restrictions on reimbursement
§ 2.2-2826. Travel expense accounts; review by Comptroller
§ 2.2-2827. Restrictions on state employee access to information infrastructure
§ 2.2-2829. Disappearance of public officer; when office presumed vacant