Employment applications; inquiries regarding criminal arrests, charges, or convictions. (SB1017)

Introduced By

Sen. Roz Dance (D-Petersburg) with support from co-patrons Sen. Don McEachin (D-Richmond), and Sen. John Miller (D-Newport News)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Employment applications; inquiries regarding criminal arrests, charges, or convictions. Prohibits state agencies from including on any employment application a question inquiring whether the prospective employee has ever been arrested or charged with, or convicted of, any crime, subject to certain exceptions. A prospective employee may not be asked if he has ever been convicted of any crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position. A prospective employee may not be asked if he has ever been arrested or charged with a crime unless the inquiry takes place after the prospective employee has received a conditional offer of employment, which offer may be withdrawn if (i) the prospective employee's criminal arrest or charge resulted in the prospective employee's conviction of a crime and (ii) the crime of which he was convicted bears a rational relationship to the duties and responsibilities of the position. The prohibition does not apply to applications for employment with law-enforcement agencies, fire departments, and emergency medical services agencies. The bill also authorizes localities to prohibit such inquiries. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/12/2015Prefiled and ordered printed; offered 01/14/15 15100207D
01/12/2015Referred to Committee on General Laws and Technology
01/26/2015Reported from General Laws and Technology (8-Y 7-N) (see vote tally)
01/27/2015Impact statement from DPB (SB1017)
01/28/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
01/29/2015Read second time and engrossed
01/30/2015Passed by for the day
02/02/2015Passed by for the day
02/03/2015Read third time and passed Senate (19-Y 19-N) (see vote tally)
02/03/2015Chair votes yes
02/03/2015Reconsideration of passage agreed to by Senate (36-Y 1-N) (see vote tally)
02/03/2015Passed by for the day
02/04/2015Passed by for the day
02/05/2015Reconsideration of passage agreed to by Senate (38-Y 0-N) (see vote tally)
02/05/2015Read third time and passed Senate (21-Y 17-N) (see vote tally)
02/09/2015Placed on Calendar
02/09/2015Read first time
02/09/2015Referred to Committee for Courts of Justice
02/10/2015Assigned Courts sub: Civil Law
02/11/2015Subcommittee recommends laying on the table
02/24/2015Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 12 minutes.

Comments

Kim Clark writes:

After a non-violent indiscretion, I have regained my rights from the state or Virginia, as well as become a Notary. I have a Bachelor’s degree, and Associate’s degree, and have just completed on my fourth certificate. However, with my felony conviction still showing up on my background check, I am finding it very difficult to apply for certain jobs. I would be very interested in spear-heading legislation that would give those who have regained their rights back the ability to answer “No” when asked about a conviction and show a clean background, when a check is done. Can you help me?