WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of Supervisors; and


WHEREAS, the Board finds that an amendment to Personnel Policy P-05 is necessary to update and clarify policies relating to an applicant’s or employee’s arrest, criminal conviction or criminal history;


NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County, Virginia, hereby amends the following sections of the County of Albemarle Personnel Policy Manual:


By Amending:

Section P-05     Criminal Convictions/Motor Vehicle Violations Policy


Section P-05    Criminal Convictions/Motor Vehicle Violations Policy Effect of Criminal Conviction or Arrest


           It is the policy of Albemarle County to see criminal conviction and Department of Motor Vehicle violation information on applicants for all county positions prior to their employment.  It is the responsibility of the Department of Human Resources to determine on a case basis whether or not a convicted offender will be employed considering the sensitive nature of the affected job, the seriousness of the offense(s) and the honesty of the applicant in completing the application form.


           It is the policy of the Board not to employ or to continue the employment of classified, professional or administrative personnel who may be deemed unsuited for service by reason of arrest and/or criminal conviction.  While an arrest or cConviction of a crime, in and of itself, is not may not be an automatic bar to employment., Where if an arrest or conviction relates to suitability of the individual to perform duties in a particular position, such person may be denied employment or be terminated may face disciplinary action, up to and including termination.  Individuals applying for County employment in Albemarle County for any position shall be required to disclose prior convictions of law other than minor traffic violations or juvenile offenses.  Information provided by applicants may be verified by work history, personal reference or criminal record inquiries to determine the applicant’s acceptability for employment.  Where a prior conviction is ascertained, the County will consider the nature of the offense, the date of the offense, and the relationship between the offense and the position for which application is sought.  If an applicant makes any misrepresentation or willful omissions of fact regarding prior criminal history, such misrepresentation or omission shall be sufficient cause for disqualification of the applicant or termination of employment.


           In the event that any employee, whether full-time or part-time, probationary or non-probationary, is arrested for a criminal violation of any kind, whether misdemeanor or felony, he is required to report such arrest promptly to the employee’s supervisor or department head within one (1) business day unless mitigating circumstances exist.  This reporting requirement applies regardless of whether such arrest has occurred on-duty or off-duty.  Failure to comply with this reporting requirement shall be grounds for disciplinary action, up to and including termination.  In addition, all employees shall have the continuing duty to notify the County of any arrest or criminal conviction that occurs subsequent to being hired by the County.  Upon request, any  employee shall verify whether he has been arrested or convicted of any criminal charges.


           Supervisors or department heads shall contact the Human Resources Director or designee upon receiving notification that an employee has been arrested.  The County reserves the right to determine appropriate disciplinary action in such cases, up to and including termination, depending upon the facts and circumstances surrounding the arrest.


           Applicants for all County positions, will be advised by a statement on the application form shall be informed that they will be required, as a condition of employment, to sign a statement before or at the time an employment offer is made which authorizes authorizing the Albemarle County to have both a criminal conviction history background check and a motor vehicle violation investigation performed and that satisfactory outcome of the investigation is a condition of employmentAs permitted by law, the County is authorized to consider any criminal conviction history or motor vehicle violations in determining whether to make an offer of employment to the applicant, and shall retain sole discretion to determine whether prior criminal history or motor vehicle violations shall disqualify an applicant from further consideration for County employment.


           The following paragraph will be added to all applications for employment with Albemarle County:


           “I hereby authorize the Office of Human Resources to conduct work history, personal reference or police record inquiries, and waive the right to hold liable those persons for providing any requested information.  It is understood that such information is to be absolutely privileged, confidential, and used only in determining my qualifications for employment and assignment."


           The information collected shall be privileged, confidential and used only in determining the candidate’s qualifications for employment and assignment.


           If an applicant for County employment with Albemarle County should refuse to permit a criminal history record search, that applicant will be removed from further employment consideration and informed accordingly.  Applicants who omit criminal convictions from the their application form will may be denied employment for falsification of the application, and, if hired, may be subject to disciplinary action, up to and including immediate dismissal for withholding such information on the application.  A new application may be filed after three (3) calendar years provided the person at that time lists their his convictions.  Once employment candidates have been interviewed, they will complete two copies of the attached Criminal History record Request.  All written offers of employment will state that the execution of an An authorization for the Albemarle County to conduct a criminal conviction/motor vehicle violation investigation and its satisfactory outcome are conditions of employment.  The Office of Human Resources will deliver such requests to the Albemarle County Police Department or Department of Motor Vehicles to conduct the search for any criminal history record.  Once a the County has reviewed an applicant’s criminal history record has been reviewed and has made an administrative determination made concerning employment suitability, the record will be retained in a file separate from the official personnel file.  If a criminal record is obtained that would prohibit employment under Albemarle County Board policy, the applicant/employee will be so informed and his application for employment removed from consideration and/or the employee will be subject to terminationIf the response to the request indicates “No Conviction Record,” it will be filed in the employee’s personnel file.  If the response indicates a conviction(s), the response will be reviewed by the Director of Human Resources will review the response.  The County shall have the sole discretion to determine whether any cConvictions/ or violations which are judged not to be related to the duties of the position for which application is made or whether they affect the fitness of the applicant to work for the County.  will not be discussed with the employing department unless such discussion is necessary to make the decision to employ the applicant.  If the response reveals convictions/violations which appear to be job related, it will be discussed with the employing school/department to determine what action would be appropriate.  Records of criminal conviction/motor vehicle violation information will not be filed in the individual’s personnel file.  Except as directed by court order or as otherwise required or permitted by law, cConviction information received by the Albemarle County as part of the employment process will not be disseminated to any third party not directly involved in the hiring process.


Amended:  August 4, 1993


Legal Reference:  Code of Virginia, 1950, as amended, Chapter 23, Sec. 19.2-389 (7)



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