Virginia Arrest Records

In Virginia, state police, sheriffs, county police, and any arresting officer or agency may apprehend a person who has committed an offense or for whom an arrest warrant has been issued. If the arrest was made without a warrant, the arresting officer must bring the arrestee before a judicial officer to conduct a bail hearing. Then, they must either admit the accused to bail or commit him to jail (§ 19.2-80). Then, the arresting officer will create a paper documentation of the incident and the suspect per Virginia Code § 19.2-390, § 19.2-83.1; this is called a Virginia arrest record.

A Virginia arrest record is a document that provides an official account of apprehensions in the state. A person's arrest records will typically show the number of times they were arrested on suspicion of a crime. However, it is not proof of guilt or criminal involvement.

Typically, a Virginia arrest record will contain information about the arrestee and arrest details, charges, convictions, dispositions, jail time, fines, fees, bond, and bail paid, pleas, the dates of arrest, location and times, machinery or vehicles involved (if any), and the arresting officer's name and agency. In summary, the contents of Virginia arrest records include:

• The name, race, and birth date of the arrestee
• Mugshots and fingerprints
• Arrest location, date, and time
• Charges brought against them
• The name and address of the arresting agency
• Bail or bond information (if applicable)

Are Arrest Records Public in Virginia?

Yes. Virginia arrest records may be made available to the public. However, the information that is considered accessible to the public is limited. Most arrest records are accessible to authorized personnel and the subject's family members, per the state's Freedom of Information Act and Virginia code § 2.2-3704. In this case, the authorized personnel of criminal justice agencies, as defined in Section § 9.1-101, includes employers screening employment applications, a Virginia Parole Board official, etc.

Notwithstanding, selected information are restricted to persons authorized by court order. These include records pertaining to ongoing criminal investigations, police reports, tax returns, medical records, personnel matters, real estate, attorney-client privilege exceptions, and working papers.

How Do I Look Up Arrest Records in Virginia?

Virginia arrest records can be found through the local courts throughout the state, the local Sheriff, the Virginia State Police, and third-party websites. Most of these resources will require the payment of a small fee, and inquirers will be required to provide information to process their search request. Interested persons may look up arrest records in Virginia by directing their request to any of these agencies:

Local Law Enforcement

• Local Police Department: Contact the local police department where the arrest occurred. Find out if the county police department has an online inmate locator tool. Alternatively, call or visit the office of the County Sheriff or Police Department to make an in-person request and view the records.
• Sheriff's office: Find out if the County sheriff's office has an online inmate locator tool or a dedicated web page where inquirers can search for arrested inmates. For instance, the Orange County Sheriff's Department and the Kanawha County Sheriff's Department provide online forms with which requests can be made. On the other hand, the Chesterfield County Sheriff's Department and the Northampton County Sheriff's Department provide request forms that can be mailed, emailed, or delivered in person. In most cases, requesters must provide the detainee's name, the arrest date, booking or corrections number, and case ID to facilitate the search.

State Law Enforcement

• Virginia Department of Corrections Inmate Locator tool
• Through the Virginia Judicial System's Case Status and Information

An alternative means to obtain arrest records in Virginia is to make a FOIA request to the Virginia Department of Criminal Justice Services to obtain arrest records by mail, fax, email, in-person, or phone. Statutes provide for the submission of fingerprints for a state and federal search of fingerprint files at $13.75 for the VSP CARE search and $13.25 for the search of the Federal Bureau of Investigation file, for a total fee of $27.00.

Free Arrest Record Search in Virginia

Local law enforcement in Virginia often provides online portals where interested persons may locate information on arrested individuals at no cost.

The state of Virginia police does not have a free access provision for individuals to find arrest records. However, some third-party sites offer individuals provisions to search arrest and criminal records for free.

How Long Do Arrests Stay on Your Record in Virginia?

There are no specifications on the preservation of arrest records in Virginia law. Criminal records that contain arrest records may stay on a person's record forever or until they are sealed or expunged. However, if a person is arrested but not convicted or if the court dismissed the charges, the record may be expunged. Expungement effectively removes the record from public access.

How to Seal Arrest Record in Virginia

The process of sealing and expunging arrest records serves to shield innocent persons once arrested on suspicion of a crime. It also protects citizens who were once convicted of a crime from the damages that may occur owing to their previous arrest and convictions. When a person's criminal records are expunged, their criminal records, including arrest records, will be removed from public access and will not show up in public records searches or background checks. There are two processes to seal or expunge a Virginia arrest record. The first is the automatic expungement, and the other way is by submitting a petition.

According to § 19.2-392.8 et seq, if one is charged with a misdemeanor offense (excluding traffic offenses) and found not guilty, the charges were acquitted, or they entered nolle prosequi. In such cases, the involved parties may qualify for an automatic sealing of that record, following other provisions of this code.

Similar provisions exist in Chapter 23 (§ 19.2-392.1 et seq) of the Virginia Code for persons who want their arrest and criminal records to be expunged in line with the state's expungement laws.