Virginia HB 757: Public employment; limitations on inquiries by state agencies and localities regarding arrests.

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2020 SESSION

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CHAPTER 422 

An Act to amend the Code of Virginia by adding sections 
numbered 2.2-2812.1 and 15.2-1505.3, relating to public employment; limitations 
on inquiries by state agencies and localities regarding criminal arrests, 
charges, or convictions. 

[H 757] 

Approved March 23, 2020 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections 
numbered 2.2-2812.1 and 15.2-1505.3 as follows:

� 2.2-2812.1. State agencies prohibited from inquiring 
about arrests, charges, or convictions on employment applications; exceptions.

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.

� 15.2-1505.3. Localities prohibited from inquiring about 
arrests, charges, or convictions on employment applications; exceptions.

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