46.2-2814.1 - Prior convictions not to abridge rights.
§ 46.2-2814.1. Prior convictions not to abridge rights.
A. A person shall not be refused a license or a tow truck driverauthorization document solely because of a prior criminal conviction, unlessthe criminal conviction directly relates to the towing and recovery ofvehicles and safety of the users of the services offered by such license orholder of a tow truck authorization document. However, the Board shall havethe authority to refuse to issue a license or tow truck driver authorizationdocument if, based upon all the information available, including theapplicant's record of prior convictions, it finds that the applicant is unfitor unsuited to engage in towing and recovery of vehicles.
B. In determining whether a criminal conviction directly relates to thetowing and recovery of vehicles, the Board shall consider the followingcriteria:
1. The nature and seriousness of the crime;
2. The relationship of the crime to towing and recovery of vehicles;
3. The extent to which towing and recovery of vehicles might offer anopportunity to engage in further criminal activity of the same type as thatin which the person had been involved;
4. The relationship of the crime to the ability, capacity, or fitnessrequired to perform the duties and discharge the responsibilities of towingand recovery of vehicles;
5. The extent and nature of the person's past criminal activity;
6. The age of the person at the time of the commission of the crime;
7. The amount of time that has elapsed since the person's last involvement inthe commission of a crime;
8. The conduct and work activity of the person prior to and following thecriminal activity; and
9. Evidence of the person's rehabilitation or rehabilitative effort whileincarcerated or following release.
C. The Board shall consider the criminal information as contained in theapplicant's state or national criminal history in lieu of the applicantproviding certified copies of such court records in determining whether acriminal conviction directly relates to an occupation or profession or if anapplicant is unfit or unsuited to engage in towing and recovery of vehicles.The Board may request additional information from the applicant in makingsuch determination.
(2008, cc. 470, 647.)