76589019.2-392.02Virginia Decodedhttps://vacode.org2016Criminal ProcedureCentral Criminal Records ExchangeNational criminal background checks by businesses and organizations regarding employees or volunteers providing care to children, or the elderly or disabled2000, c. 860; 2005, c. 217; 2015, cc. 758, 770.Evans v. Evans091469695 S.E.2d 1732010-06-10https://www.courtlistener.com/opinion/1058183/evans-v-evans/ . . . same), and 46.2-1094(D) (same), with Code §§ 19.2-392.02(G) (violation of section shall not . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Joyce v. Com.1397091696 S.E.2d 2372010-08-10https://www.courtlistener.com/opinion/1062123/joyce-v-com/ . . . State Police. See generally Code §§ 19.2-387 to 19.2-392.02. By statute, an "[e]lectronic . . . <abbr title="Court of Appeals">COA</abbr>Evans v. Evans091469695 S.E.2d 1732010-06-10https://www.courtlistener.com/opinion/1058183/evans-v-evans/ . . . same), and 46.2-1094(D) (same), with Code §§ 19.2-392.02(G) (violation of section shall not . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Joyce v. Com.1397091696 S.E.2d 2372010-08-10https://www.courtlistener.com/opinion/1062123/joyce-v-com/ . . . State Police. See generally Code §§ 19.2-387 to 19.2-392.02. By statute, an "[e]lectronic . . . <abbr title="Court of Appeals">COA</abbr>http://law.lis.virginia.gov/vacode/19.2-392.02/63.2-1715Exemptions from licensure/63.2-1715/63.2-1719Definitions/63.2-1719/63.2-1726Background check required; children's residential facilities/63.2-1726//19.2-392.02/19.2/23/19.2-392.0215.2-914A qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:sectionBB1 Been fingerprinted; andsectionB1B12 Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document; (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction; (iii) a notice to the provider that the entity may request a background check; (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department; and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children or the elderly or disabled for whom the qualified entity provides care.sectionB2B22Any background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled.sectionDD1Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.sectionEE1In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $ 18 or the actual cost to the entity of the background check conducted with the fingerprints.sectionFF1The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.sectionGG1