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2011 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 16.1-308 and 19.2-389.1 of the Code of Virginia are amended and reenacted as follows:
§ 16.1-308. Effect of adjudication on status of child.
Except as otherwise provided by law for a juvenile found guilty of a felony in circuit court whose case is disposed of in the same manner as an adult criminal case, a finding of guilty on a petition charging delinquency under the provisions of this law shall not operate to impose any of the civil disabilities ordinarily imposed by conviction for a crime, nor shall any such finding operate to disqualify the child for employment by any state or local governmental agency.
Nothing in this section shall prohibit the State Police or a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof from denying employment to a person who had been adjudicated delinquent where such denial is based on the nature and gravity of the offense, the time since adjudication, the time since completion of any sentence, and the nature of the job sought.
§ 19.2-389.1. Dissemination of juvenile record information.
Record information maintained in the Central Criminal Records
Exchange pursuant to the provisions of § 16.1-299 shall be disseminated only
(i) to make the determination as provided in §§ 18.2-308.2 and 18.2-308.2:2 of
eligibility to possess or purchase a firearm; (ii) to aid in the preparation of
a pretrial investigation report prepared by a local pretrial services agency
established pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9, a
presentence or post-sentence investigation report pursuant to § 19.2-264.5 or
19.2-299 or in the preparation of the discretionary sentencing guidelines
worksheets pursuant to subsection C of § 19.2-298.01; (iii) to aid local
community-based probation services agencies established pursuant to the
Comprehensive Community Corrections Act for Local-Responsible Offenders (§
9.1-173 et seq.) with investigating or serving adult local-responsible
offenders and all court service units serving juvenile delinquent offenders;
(iv) for fingerprint comparison utilizing the fingerprints maintained in the
Automated Fingerprint Information System (AFIS) computer; (v) to attorneys for
the Commonwealth to secure information incidental to sentencing and to
attorneys for the Commonwealth and probation officers to prepare the
discretionary sentencing guidelines worksheets pursuant to subsection C of §
19.2-298.01; (vi) to any full-time or part-time employee of the State Police, a
police department or sheriff's office that is a part of or administered by the
Commonwealth or any political subdivision thereof, and who is responsible for
the prevention and detection of crime and the enforcement of the penal, traffic
or highway laws of the Commonwealth, for purposes of the administration of
criminal justice as defined in § 9.1-101; (vii) to the Department of Forensic
Science to verify its authority to maintain the juvenile's sample in the DNA
data bank pursuant to § 16.1-299.1; (viii) to the Office of the Attorney
General, for all criminal justice activities otherwise permitted and for
purposes of performing duties required by the Civil Commitment of Sexually
Violent Predators Act (§ 37.2-900 et seq.); (ix) to the Virginia Criminal
Sentencing Commission for research purposes; and (x) to members of a
threat assessment team established by a public institution of higher education
pursuant to § 23-9.2:10, to aid in the assessment or intervention with
individuals whose behavior may present a threat to safety; and (xi) to any
full-time or part-time employee of the State Police or a police department or
sheriff's office that is a part of or administered by the Commonwealth or any
political subdivision thereof for the purpose of screening any person for
full-time or part-time employment with the State Police or a police department
or sheriff's office that is a part of or administered by the Commonwealth or
any political subdivision thereof.