Virginia Criminal Records

Virginia criminal records are official documents containing details of arrests, criminal court proceedings, convictions, and sentencing of individuals resident in the state. They offer insights into the subject's past offenses, providing a thread of crucial information for various societal and criminal justice purposes.

Law enforcement agencies and courts often depend on criminal records to investigate cases, track repeat offenders, analyze crime trends, and determine an individual's punishment for breaking the law. Government organizations, private entities, and other public bodies, such as schools, can refer to criminal background information when considering employment, citizenship, adoption, child custody, housing, and financial applications.

Individuals who have completed their sentences can obtain their criminal records when applying to delete those records or resolve inaccuracies.

Va. Code § 19.2-387 authorizes the Virginia State Police to operate the Central Criminal Records Exchange to disseminate the state's criminal history records.

Are Criminal Records Public in Virginia?

Yes, the Virginia Freedom of Information Act allows public access to most criminal records generated in the state. However, some records are exempt from public disclosure.

VA Code § 2.2-3706 establishes the criminal records available for public access, those that can be withheld, and information prohibited from disclosure. Other exceptions are enumerated in VA Code § 2.2-3705.1 through § 2.2-3705.8.

Court records are not subject to the FOIA. However, most criminal court case files are available for public viewing unless explicitly restricted by state and federal statutes or court rules.

Records typically restricted from public access include investigative materials and reports before the investigation wraps up, juvenile court proceedings, sensitive personal information, and victim and witness details.

Virginia Crime Records by County

Law enforcement agencies, including police departments and county sheriff's offices, are typically the criminal justice's first point of contact with offenders before they go through the courts. These agencies and courts across the state send the criminal data they generate to the Virginia Department of State Police's Data Analysis and Reporting Team (DART). This data is compiled into a single report and published annually.

The team's crime data contains crime rates and numbers and is categorized by county and contributing agencies.

Members of the public can also visit their police department and county sheriff's office websites to find annual crime report data and learn about their neighborhood's safety. For example, the Virginia Beach Police Department releases annual arrest and crime statistics, including demographic breakdown. County sheriff's offices also release similar data, including county jail population, bookings, and releases.

Criminal background records follow the same process. Local law enforcement agencies and courts send data to the VSP, which compiles criminal records for convicted offenders. While members of the public can obtain comprehensive background information from the VSP, they can also view and obtain records from courts, law enforcement agencies, and other departments at the county and city levels.

Virginia Criminal Record Check

There are different avenues available to obtain criminal records in Virginia. Individuals can choose their preferred means of request, depending on the type of record they want to get:

Virginia Department of State Police

The Virginia Department of State Police (VSP) offers criminal records check services to individuals and organizations (government and non-government). The department's Central Criminal Records Exchange unit is responsible for dispensing criminal records to eligible parties.

Interested parties can use the SP-167 or SP-230 form to submit their requests, depending on who needs the record. Form SP-167 is intended for members of the public seeking to obtain an individual's criminal background, provided they include their notarized signature and that of the person whose background they are requesting.

The SP-230 form is reserved for eligible parties, such as adult care and assisted living facilities, foster care agencies, licensed and unlicensed child care centers, and hospital and pharmacy employees. This form does not require notarized signatures and the consent of the search subject. However, some organizations are only eligible to view conviction data only. Others, such as the Alcoholic Beverage Control Board, security guard companies, and specific government and volunteer agencies, can request and obtain complete criminal background information.

The VSP resources for ordering criminal record checks allow individuals to generate and print the required forms online. Requesters must then complete the form and send it to the department. The processing period is 15 business days. That said, organizations eligible for complete criminal records can use the Non-criminal Justice Interface (NCJI) to view results within 72 hours.

The VSP also maintains the state's online-based sex offender registry, where members of the public can find details about people charged with sexual offenses.

Virginia Judiciary

The Virginia judiciary offers statewide and local resources for inspecting and obtaining criminal court records in Virginia. Interested individuals can use the Online Case Information System-Statewide Search to find cases from any court in the state. They can also use the Circuit Court Case Information and General District Court Case Information systems to find records from specific court systems.

Individuals can also contact the clerk of the court that handled the criminal case to request records via mail or in person.

Virginia Department of Corrections

The Virginia DOC possesses information about incarcerated individuals, parolees, and probationers. Members of the public can request inmate criminal records from the department by fax, email, mail, phone, or in person.

Individuals can also use the Inmate Locator tool to view basic information about inmates in the department's custody.

Local Law Enforcement Agencies

Individuals can also request arrest and indictment records from local law enforcement agencies. It is important to note that some arrest records may not be released, especially those relating to ongoing investigations and information submitted anonymously.

Find Criminal Records Online in Virginia

The available online resources that yield instant results do not provide complete criminal background information on individuals. However, searchers can use them to find important criminal-related details about their search subjects.

It is also worth noting that most of these online search portals do not produce official records that can be used in court proceedings.

The online resources include:

• Online Case Information System-Statewide Search - Provided by the Virginia Judiciary for searching case records from participating commonwealth courts. Some courts do not share their data through this platform.
• Circuit Court Case Information Portal - Database containing case information generated in circuit courts across the state. There are limited participating courts.
• General District Court Case Information - Provides online access to minor criminal cases handled in district courts.
• Sex Offender and Crimes Against Minors Registry - Run by the Virginia Department of State Police, allowing members of the public to look up information about sex offenders.
• Inmate Locator - The Virginia Department of Corrections provides the tool to allow members of the public to view information about inmates in the custody of VADOC.
• Local Online Resources - Individuals can view information about inmates on the county sheriff's office website that oversees the county jail where they are being held.

Free Criminal Record Search in Virginia

Virginia law enforcement agencies offer several free online criminal record search options. However, requesters seeking criminal background information from the VSP must pay the required fee. Fees are also attached to obtaining copies of official records and certifying them, regardless of the agency providing the service.

What Does it Mean if You Have a Criminal Record in Virginia?

Criminal records extend the repercussions of committing crimes beyond prison sentences, probations, and fines. Individuals with such records in Virginia will face difficulties when trying to get employment, secure loans, rent, and even apply for visas after they regain their freedom.

Does Your Criminal Record Clear After 7 Years in Virginia?

No, Virginia expungement processes, as established in VA Code § 19.2-392.2, are designed to protect the innocent. The law only allows people with arrest records who haven't been charged or convicted to apply for expungement. It also allows people whose identities were stolen and used to commit crimes to expunge those records.

Arrest Record Vs Criminal Record

Virginia law enforcement creates arrest records after apprehending individuals suspected of breaking Virginia laws. Some of these arrests do not make it to court or end as dismissed cases or acquittals. In such cases, the individuals involved do not have criminal records, and they can apply to have details of their arrests and court appearances expunged.

On the other hand, criminal records are created when a person is convicted of a crime. The offender's arrest and court proceeding details are preserved and compiled to form their criminal record.

Virginia Police Records

Police records in Virginia include investigative information, arrest details, recordings, citations, witness reports, and detention details.

They do not cover other criminal records, such as court proceedings, prosecutorial filings, incarceration details, and parole and probation information.