WASHINGTON — The Virginia Senate voted 23 to 16 Friday to “ban the box” on state employment applications, a move sponsors said would provide more opportunities to people who have been arrested or charged with crimes in the past.
The bill, sponsored by Democrats Rosalyn Dance (Petersburg), Adam Ebbin (Alexandria) and Jennifer McClellan (Richmond), would prohibit state agencies from including a question on most job applications about whether an applicant has ever been arrested, charged or convicted of any crime.
“I like to think of it as a worker rejoining the workforce,” Dance said.
The rule would not apply to law enforcement jobs or certain other positions where laws expressly require background checks.
Local governments would also be permitted to implement their own “ban the box” laws for local government positions.
Any job offers made based on the initial application could be withdrawn “if the prospective employee has a conviction record that directly relates to the duties and responsibilities of the position,” the bill said.
“Obviously, in certain circumstances, there may be convictions that raise a real concern,” Dance said.
Any withdrawal could only be based on a conviction, and would have to consider the nature of the crime; whether it is related to the job, or the job would allow additional opportunity to engage in the same type of criminal activity; whether the crime has some relationship to ability or fitness for the job, the extent of past criminal activity; how old the job applicant was at the time of conviction, and evidence of rehabilitation.
The bill now goes to the house of delegates, which has rejected the measure before but has a different makeup now after Democrats gained 15 seats Nov. 7.
