27-6.2 - Applicant preemployment information with Arlington County Fire Department. - Virginia Statutes

§ 27-6.2. Applicant preemployment information with Arlington County FireDepartment.

Applicants for employment with the Arlington County Fire Department, having alocal ordinance adopted in accordance with § 19.2-389, shall be required tosubmit to fingerprinting and to provide personal descriptive information tobe forwarded along with the applicant's fingerprints through the CentralCriminal Records Exchange and the Federal Bureau of Investigation for thepurpose of obtaining criminal history record information regarding suchapplicant; however, such applicants shall, if required by local ordinance,pay the cost of the fingerprinting or criminal records check or both.

The Central Criminal Records Exchange, upon receipt of an applicant's recordor notification that no record exists, shall make a report to the fire chiefor his designee, who must belong to a governmental entity. In determiningwhether a criminal conviction directly relates to a position, the localityshall consider the following criteria: (i) the nature and seriousness of thecrime; (ii) the relationship of the crime to the work to be performed in theposition applied for; (iii) the extent to which the position applied formight offer an opportunity to engage in further criminal activity of the sametype as that in which the person had been involved; (iv) the relationship ofthe crime to the ability, capacity or fitness required to perform the dutiesand discharge the responsibilities of the position being sought; (v) theextent and nature of the person's past criminal activity; (vi) the age of theperson at the time of the commission of the crime; (vii) the amount of timethat has elapsed since the person's last involvement in the commission of acrime; (viii) the conduct and work activity of the person prior to andfollowing the criminal activity; and (ix) evidence of the person'srehabilitation or rehabilitative effort while incarcerated or followingrelease.

If an applicant is denied employment because of information appearing in hiscriminal history record, the locality shall provide a copy of the informationobtained from the Central Criminal Records Exchange to the applicant. Theinformation shall not be disseminated except as provided for in this section.

(2001, cc. 353, 373; 2003, c. 739.)