19.2-392.4 - Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments. - Virginia Statutes

§ 19.2-392.4. Prohibited practices by employers, educational institutions,agencies, etc., of state and local governments.

A. An employer or educational institution shall not, in any application,interview, or otherwise, require an applicant for employment or admission todisclose information concerning any arrest or criminal charge against himthat has been expunged. An applicant need not, in answer to any questionconcerning any arrest or criminal charge that has not resulted in aconviction, include a reference to or information concerning arrests orcharges that have been expunged.

B. Agencies, officials, and employees of the state and local governmentsshall not, in any application, interview, or otherwise, require an applicantfor a license, permit, registration, or governmental service to discloseinformation concerning any arrest or criminal charge against him that hasbeen expunged. An applicant need not, in answer to any question concerningany arrest or criminal charge that has not resulted in a conviction, includea reference to or information concerning charges that have been expunged.Such an application may not be denied solely because of the applicant'srefusal to disclose information concerning any arrest or criminal chargeagainst him that has been expunged.

C. A person who willfully violates this section is guilty of a Class 1misdemeanor for each violation.

(1977, c. 675.)