Request for Predetermination of Criminal History

Request for Predetermination of Criminal History

Pursuant to §54.1-204.1 of the Code of Virginia, an individual who does not possess a credential may submit a Request for Predetermination of Criminal History to determine whether his or her criminal record would disqualify him or her from being credentialed. By submitting this Request, you are seeking a review of your criminal record to determine whether your criminal record may disqualify you from licensure, certification, or registration.

A Request for Predetermination of Criminal History is not an application for licensure, certification, or registration. It is an optional, preliminary step that occurs prior to applying.

Please note, a Request for Predetermination of Criminal History will result in a board determination that will be binding on all future applications whether disqualified or not. A determination that you are disqualified under this process will be permanently attached to your DPOR file and may not be reconsidered or overturned by the board at a later date.

A Request for Predetermination may be an appropriate option for those enrolling in lengthy or costly training programs who wish to determine possible ineligibility in advance. However, for most applicants with a criminal record, Licensing Informal Fact Findings are an appropriate route to licensure, certification, or registration. Through the Licensing IFF process, 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 received by the Board for Contractors—a denial rate of only .012 percent.

Who is it for?  Any member of the public interested in establishing a binding license determination in advance of application for licensure, certification, or registration. You do not need to submit an application for licensure, certification, or registration, or even qualify for the license. A Request for Predetermination may be an appropriate option for those enrolling in lengthy or costly training programs who wish to determine possible ineligibility in advance.

What is the process? An Informal Fact-Finding Conference will be held to issue a binding ineligibility/eligibility determination. Following the hearing, a written recommendation will be made to the Board. The written recommendation covers all nine factors required under §54.1-204. After the hearing, the application, supporting documents, and recommendation go to the Board, and the Board will make a final and binding determination.

What if I’m denied?  Your denial is binding on the board. A denial cannot be reconsidered, and you will not be able to reapply absent a court order or new convictions. You will receive a written explanation of the reasons for your binding denial.

 Request for Predetermination of Criminal History Interactive Static