West Virginia Code § 16B-15-3

Prescreening and criminal background checks
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(a) Except as otherwise permitted in this article, the department, covered provider, or
covered contractor may not employ or engage an applicant prior to completing the
background check process.
(b) If the applicant has a negative finding on any required prescreening registry or database,
the employer shall notify the individual of such finding.
(c) If the applicant has a negative finding on any required prescreening registry or database,
that individual may not immediately be engaged by the departmeunt, covered provider, or
covered contractor.
(d) If the applicant does not have a negative finding in the prescreening process, the
applicant shall submit to fingerprinting for a state anda federal criminal history record
information check.
(e) The State Police shall notify the Inspector General of the results of the criminal history
record information check.
(f) If the director's review of the criminal history record information reveals that the
applicant does not have a disqualifying offense, the director shall provide written notice to
the department's bureau, covered provider, or covered contractor that the individual may be
engaged.

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