Criminal History & License Eligibility

Applicants with Prior Convictions

A prior conviction does not necessarily prevent an applicant from obtaining a license. There are no “barrier crimes” that are an absolute prohibition to licensure, but individuals with certain criminal convictions are subject to review by the board. Very few applicants are denied solely based on criminal history. For instance, from 2022-2024, only two applicants were denied due to criminal history out of 16,268 applications under the Board for Contractors—a denial rate of only .012 percent.

Under the law, applications for licensure and requests for predetermination of criminal history require the board to make a decision based on nine factors outlined in §54.1-204.B of the Code of Virginia:

The nature and seriousness of the crime;
The relationship of the crime to the purpose for requiring a license to engage in the occupation;
The extent to which the occupation or profession might offer an opportunity to engage in further criminal activity of the same type as that in which the person had been involved;
The relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the occupation or profession;
The extent and nature of the person's past criminal activity;
The age of the person at the time of the commission of the crime;
The amount of time that has elapsed since the person's last involvement in the commission of a crime;
The conduct and work activity of the person prior to and following the criminal activity; and
Evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.

Disclosing Criminal Convictions

If you have a criminal conviction and are applying for a license, you must submit the Criminal Conviction Reporting Form, along with:

A state police criminal history for every state where you have convictions, or
A national criminal background check, or
A certified copy of the Final Order, decree, or case decision by a court with lawful authority to issue such Order, decree, or decision.

Once DPOR receives this information, the Board may request additional documents from you pertaining to the conviction, and you may be required to attend an Informal Fact-Finding Conference.

Once applicants for a specific profession have met the basic entry requirements, they will submit a license application, supporting documents, and any criminal history documents. Applicants with criminal histories may be required to attend an Informal Fact-Finding Conference.

An Informal Fact-Finding Conference, or IFF, is a due process administrative proceeding required by state law (the Administrative Process Act), to allow the boards to obtain facts “on the record” about a specific matter. It is an opportunity for an applicant or licensee to present evidence and provide the board with information relating to their case. If the IFF is required due to an applicant’s criminal convictions, the board will be seeking information relating to the nine factors described in § 54.1-204.B of the Code of Virginia, to assist its deliberations about whether the criminal history is related to the profession and if a license should be issued.

At the IFF hearing, a presiding officer will ask questions related to your conviction(s) in order to make a recommendation to the Board on whether to grant or deny the license. The written recommendation covers all nine factors required under § 54.1-204 and will be presented to the board at its next regularly scheduled meeting, along with all of your documents, and a copy of the transcript from the IFF conference. You will receive a copy of the recommendation prior to the Board meeting.

After the hearing, the application, supporting documents, and recommendation go to the Board for a final decision. At the board meeting, when your case is called, you are allowed five minutes maximum to address the board on whether you agree or disagree with the recommendation, and why. You cannot present new evidence or information at the board meeting. The board will then consider all of the information and vote to approve or deny your application. The board can accept or reject the recommendation. If the board denies the license, it must be based on the nine factors.

How long does the process take? The IFF process is lengthy and takes several months because it includes application review, drafting a referral memo, mailing the hearing notice and scheduling the IFF, conducting the IFF, writing the recommendation, and waiting for the next scheduled board meeting.

What if I’m denied? Applicants under this method can simply reapply. They will have a written explanation from the board and can address any outstanding concerns in their new application. They can also sue the board to overturn the decision.

By submitting a Request for Predetermination of Criminal History, an applicant who does not possess a credential may seek a review to determine whether their criminal record disqualifies them from licensure.

An individual requesting a predetermination does not need to submit an application or even qualify for the license. Please note, a determination that you are disqualified under this process will be permanently attached to your record and may not be reconsidered or overturned by the board at a later date. This method may be an appropriate option for those enrolling in lengthy or costly training programs and wish to determine possible ineligibility in advance.