Virginia Code 15.2-1707: Decertification of law-enforcement officers and jail officers.
A. The sheriff, chief of police, or agency administrator or their designee shall notify the Criminal Justice Services Board (the Board) in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has (i) been convicted of or pled guilty or no contest to a felony or any offense that would be a felony if committed in the Commonwealth; (ii) been convicted of or pled guilty or no contest to a Class 1 misdemeanor involving moral turpitude or any offense that would be any misdemeanor involving moral turpitude, including but not limited to petit larceny under § 18.2-96, or any offense involving moral turpitude that would be a misdemeanor if committed in the Commonwealth; (iii) been convicted of or pled guilty or no contest to any misdemeanor sex offense in the Commonwealth, another state, or the United States, including but not limited to sexual battery under § 18.2-67.4 or consensual sexual intercourse with a minor 15 years of age or older under clause (ii) of § 18.2-371; (iv) been convicted of or pled guilty or no contest to domestic assault under § 18.2-57.2 or any offense that would be domestic assault under the laws of another state or the United States; (v) failed to comply with or maintain compliance with mandated training requirements; or (vi) refused to submit to a drug screening or has produced a positive result on a drug screening reported to the employing agency, where the positive result cannot be explained to the agency administrator’s satisfaction.
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
Terms Used In Virginia Code 15.2-1707
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
B. The sheriff, chief of police, or agency administrator or their designee shall notify the Board in writing if any certified law-enforcement or jail officer currently employed by his agency (i) is terminated or resigns in advance of being convicted or found guilty of an offense set forth in clause (i) of subsection A that requires decertification, (ii) is terminated or resigns in advance of a pending drug screening, (iii) is terminated or resigns for a violation of state or federal law, including those instances when a prosecution for a violation of state or federal law is terminated as a result of such law-enforcement or jail officer resigning from his position, (iv) is terminated or resigns for engaging in serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (v) is terminated or resigns while such officer is the subject of a pending internal investigation involving serious misconduct as defined in statewide professional standards of conduct adopted by the Board, (vi) is terminated or resigns for an act committed while in the performance of or in relation to his duties that compromises an officer’s credibility, integrity, or honesty, or (vii) is terminated or resigns for an act committed while in the performance of his duties that constitutes exculpatory or impeachment evidence in a criminal case. Such notification shall be given within 48 hours of a termination or resignation pursuant to clause (i), (ii), or (iii) or within 48 hours of the completion of an internal investigation for a termination or resignation pursuant to clauses (iv) through (vii).
C. Persons currently in a recruit or field training status who have not completed all certification requirements, pursuant to § 15.2-1705, and who have committed an act that would be any basis for decertification as set forth in subsection A or B shall be considered ineligible for certification and shall be considered decertified. The employing agency of such person shall notify the Board in accordance with subsection A or B.
D. The notification, where appropriate, shall be accompanied by a copy of the judgment of conviction.
E. Upon receiving such notice from the sheriff, chief of police, or agency administrator or their designee, or from an attorney for the Commonwealth, the Board shall immediately decertify such law-enforcement or jail officer. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of § 15.2-1708 or through the decertification review process in accordance with § 15.2-1708.
F. The Department of Criminal Justice Services is hereby authorized to waive the requirements for decertification as set out in subsection A or B for good cause shown.
G. The Board may decertify a current or former law-enforcement or jail officer if the Board has found that any basis for the officer’s decertification set forth in subsection A or B exists. Such officer shall not have the right to serve as a law-enforcement, jail, courthouse security, or civil process officer within the Commonwealth until his certification has been reinstated by the Board pursuant to subsection E of § 15.2-1708 or through the decertification review process in accordance with § 15.2-1708.
1994, cc. 850, 905, § 15.1-131.8:2; 1995, c. 112; 1997, c. 587; 2013, cc. 307, 468; 2017, c. 496; 2020, Sp. Sess. I, cc. 27, 37; 2024, c. 494.