The Director of DCJS has established criminal history guidelines for the Private Security Services Section to use when reviewing criminal histories. The Code of Virginia requires denial of a license, registration or certification for specific violations listed under §9.1-139K of the Code. Should you be denied a license, registration or certification, you can appeal that denial by submitting a written request for an Informal Fact Finding Conference under the Administrative Process Act. The letter of denial will explain how to submit this request.
Criminal History
If you were arrested for a criminal offense and appeared in court, a decision was made as to your guilt or innocence. If you paid court cost, a fine or served community service and/or were sentenced to jail, you were convicted. Sometimes the court will defer judgment until you have completed some requirement and then dismiss the charge. If you are unsure whether you were convicted or not, you should list the charge and we will make a determination when the criminal history is returned.
If you plead "nolo contendere" (no contest) you stated that while you do not wish to plead guilty you agree that the prosecutor has sufficient evidence that the court would find you guilty. This is considered the same as pleading guilty as far as the conviction is concerned. Offering an "Alford Plea" is also considered a guilty plea.
If you have a criminal history that leads to the denial of your application, you will receive a denial letter that states why you were denied. Additionally, the compliance agent for the business you were employed by is notified that you are ineligible to work in the private security industry.
If you are denied licensure, registration or certification you will be notified by mail. You can appeal that denial by submitting a written request for an Informal Fact Finding Conference under the Administrative Process Act. The letter of denial will explain how to submit this request.
