West Virginia Code
Article 49. West Virginia Clearance for Access: Registry and Employment Screening Act
§16-49-3. Prescreening and Criminal Background Checks

(a) Except as otherwise permitted in this article, the department, covered provider, or covered contractor may not employ or engage an applicant prior to completing the background check process.
(b) If the applicant has a negative finding on any required prescreening registry or database, the employer shall notify the individual of such finding.
(c) If the applicant has a negative finding on any required prescreening registry or database, that individual may not immediately be engaged by the department, covered provider, or covered contractor.
(d) If the applicant does not have a negative finding in the prescreening process, the applicant shall submit to fingerprinting for a state and federal criminal history record information check.
(e) The State Police shall notify the secretary of the results of the criminal history record information check.
(f) If the secretarys review of the criminal history record information reveals that the applicant does not have a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor that the individual may be engaged.

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