In March 2024, Governor Glenn Youngkin approved Virginia Code § 52-46 as part of the Chapters enacted during the 2024 General Assembly session. The law established the Virginia Rap Back Service and required the Department of State Police to make it available by July 1, 2025.
The Rap Back (Record of Arrest and Prosecution Background) Service is operated by the Virginia State Police and utilizes the FBI’s Next Generation Identification system to enable continuous criminal history monitoring, specifically for those in well-trusted roles.
After several months of implementation, the Virginia State Police have reported successful results from the federally backed program.
Supporting background screening for Virginia agencies
Virginia State Police are bolstering the state’s efforts to protect vulnerable populations by proactively monitoring criminal backgrounds and providing a “living, continuous safety net” to help agencies stay safe and informed, emphasizing the importance of real-time alerts and updates that can only be achieved through continuous monitoring. They confirm that this system has and continues to effectively enhance public safety and streamline background checks across the Commonwealth.
The department also hopes to expand access to additional agency categories in the future, indicating the state’s efforts to encourage organizations across the board to incorporate background screening in their safety practices.
An overview of the Virginia Rap Back Service
Who may be enrolled?
Rap Back enrollment may include, but is not limited to:
- Employees, contractors, and volunteers holding positions of trust or care
- Those authorized under Virginia Code § 52-46
- Licensees subject to ongoing suitability determinations
Who is eligible to use the Service?
In order to participate, agencies must have authorization to receive National Criminal History Record Information (CHRI) under state and federal law and complete a list of compliance requirements. The Rap Back Service is available to agencies such as:
- Public schools and school divisions (K-12)
- State and local government entities with fingerprint-based background check requirements
- Agencies providing services to minors, seniors, or individuals with disabilities
- Licensed childcare and early learning centers
- Healthcare facilities serving vulnerable populations
- Volunteer organizations serving at-risk populations (subject to VSP & FBI approval)
Key details
The FBI’s national database continuously monitors enrolled individuals to provide real-time notifications of criminal events, including:
- New arrests,
- Court dispositions,
- Wanted alerts, and
- Other qualifying criminal events.
The program provides real-time updates if a triggering event occurs, alerting agencies to changes that traditional fingerprint checks would miss. Virginia State Police will electronically notify the subscribed agency immediately so that they are able to quickly address these alerts.
For a full list of qualifications and requirements for the Rap Back program, visit the Virginia State Police’s website.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.
