Search Virginia Arrest Records Online

What is Considered an Arrest in Virginia?
Are Arrest Records Public in Virginia?
What are the Types of Arrest Records in Virginia?
How Long Do Arrests Stay on the Record in Virginia?
How To Seal or Expunge an Arrest Record in Virginia?

What is Considered an Arrest in Virginia?

An arrest in Virginia is defined as "the deprival of a person's liberty by legal authority" and is said to occur when an individual is physically restrained and taken into custody by law enforcement, such that their freedom of movement is restricted. Virginia has a comprehensive legal framework governing arrests, primarily outlined in Title 19.2, Chapter 7 of the Code of Virginia. This law generally stipulates the circumstances under which arrests can be made, the procedures to be followed, and the rights of both the arrested person and the arresting officer. Other applicable laws and standards, such as the Fourth Amendment (which protects individuals against unreasonable searches and seizures), also govern arrest procedures in the state. Key aspects of Virginia's arrest laws typically include:

Custody and Control: the Virginia Judicial System defines custody as "the detainment of a personunder lawful process or authority." When a person is arrested in Virginia, they are taken into custody and placed under the control of law enforcement officers, meaning that they are not free to leave. The arresting officer also has a responsibility to ensure the safety of the individual, the public, and other officers during this process. Physical control, such as the use of handcuffs, may be used to prevent escape or harm.
Legal Authority: Virginia's arrest laws legally authorize duly sworn law enforcement officers to carry out arrests. These arrests generally must usually be carried out with a valid warrant (typically issued by a magistrate or judge). However, Virginia Code Section 19.2-81 also authorizes law enforcement officers to make warrantless arrests in some instances, such as if they witness a crime being committed or have probable cause to believe that a felony has occurred. Warrantless arrests may also be made when there is a violation of a protective order or when an officer reasonably believes that a misdemeanor offense involving assault, battery, or family abuse has occurred.
Miranda Rights: Virginia law enforcement officers are generally required to inform arrestees of their rights under the Miranda ruling (derived from the landmark 1966 U.S. Supreme Court Miranda v Arizona case) before interrogating them. These rights are a set of warnings informing the arrestee that they have the right to remain silent and that anything they say can be used against them in court. The arrestee must also be informed that they have the right to an attorney and that if they cannot afford an attorney, one will be appointed to represent them.
Restraint and Transport: once a person is arrested, they are typically restrained, usually with handcuffs, to prevent them from escaping and ensure the safety of all parties involved. While officers may use necessary force when restraining an arrestee, excessive force is generally not allowed, according to Title 19.2, Chapter 7.1 of the Code of Virginia; this law also prohibits the use of neck restraints. Once the arrestee has been properly restrained, they are then transported to a police station or detention facility for processing.
Booking Process: after the arrestee is transported to a police station or detention facility, they go through a booking process. This generally involves recording personal information, photographing (mugshots), fingerprinting, and detailing the offenses they were arrested for and the nature of the arrest. The individual is then placed in a holding area while awaiting a court hearing or arraignment.

Several actions may lead to an arrest in Virginia, including:

Engaging in violent or threatening behavior, such as assault or battery
Trespassing or unlawfully remaining on private property
Engaging in public disorderly conduct, including disturbing the peace
Driving under the influence (DUI) of alcohol or drugs
Violating court-issued protective orders
Possession, distribution, or manufacturing of controlled substances, including illegal drugs

It is important to distinguish between detention and arrest in Virginia; even though both terms are often used interchangeably, they are not the same. Detention is when a law enforcement officer temporarily stops a person for investigation without formally charging them with a crime. Law enforcement officers are authorized to detain an individual if they have reasonable suspicion that criminal activity is occurring, has occurred, or is imminent. Detentions generally involve gathering information about the incident, questioning witnesses, and conducting a pat-down search (frisk) for weapons. However, unlike arrests, individuals who are detained are generally free to leave once the officer has completed their investigation.

In contrast, an arrest generally signifies a formal accusation of a crime and involves taking the individual into custody. Arrests require probable cause, a higher standard than reasonable suspicion, indicating that the officer believes the individual has committed a crime, and they typically lead to criminal charges being filed against the individual.

What is Unlawful Arrest in Virginia?

Unlawful arrests in Virginia generally occur when law enforcement officers make arrests without proper legal justification or fail to follow applicable arrest procedures (as outlined in Title 19.2 of the Code of Virginia), violating the individual's rights under state and federal law. The following factors generally characterize unlawful arrests:

Lack of Probable Cause: probable cause is required to justify an arrest in Virginia – this means that the arresting officer must have a reasonable belief that the individual being arrested has committed, is committing, or is about to commit a crime.
Violation of Constitutional Rights: an unlawful arrest is said to occur when a person's constitutional rights are violated during the arrest process. A typical example is the violation of a person's right against unreasonable searches and seizures as provided by the Fourth Amendment. Similarly, under Virginia law, an individual must not be detained for an unreasonable length of time, and if arrested, they must be brought before a magistrate (or any other appropriate issuing authority) as soon as reasonably possible. Failure to do this can lead to an unlawful arrest claim.
Arrest Without a Valid Warrant: Virginia Code Sections 19.2-81 and 19.2-81.3 generally outline the law enforcement officers authorized to make warrantless arrests and the circumstances under which these arrests may be made. Arrests that do not comply with these laws' requirements may be deemed unlawful.
Racial profiling or Discriminatory Practices: arrests based on racial profiling or other discriminatory practices are generally considered unlawful in Virginia.
Procedural Violations: law enforcement officers are generally required to follow specific procedures during an arrest, such as informing the individual of their rights (per the Miranda ruling) before any custodial interrogation. Failing to provide these warnings, detaining an individual for too long without formally charging them, or any other similar procedural violation can contribute to an unlawful arrest claim.
Mistaken Identity: if a person is arrested due to mistaken identity or based on incorrect information, the arrest is considered unlawful, even if the officer acted in good faith.
Arrest Outside of Jurisdiction: Virginia law enforcement officers' legal authority to carry out arrests is typically limited to their designated jurisdictions, and arrests made outside these jurisdictions may be deemed unlawful. However, exemptions may be made, such as the "hot pursuit" doctrine (Virginia Code Section 19.2-77), which allows an officer to follow and arrest a suspect across jurisdictional lines.

In addition to the emotional trauma and potential damage to reputation typically associated with unlawful arrests in Virginia, there are other outcomes and consequences of these actions. For instance, victims of a false arrest may file civil lawsuits under U.S. Code Title 42, Section 1983, which allows for claims against state actors for constitutional violations. Evidence obtained as a result of an unlawful arrest may also be deemed inadmissible in court. Law enforcement officers who unlawfully detain or arrest individuals may face criminal charges under Virginia Code Section 18.2-47, as well as other disciplinary actions, including suspension, demotion, decertification, or dismissal.

Are Arrest Records Public in Virginia?

In Virginia, any written or recorded information created or stored by a public body while conducting its business is considered a public record. The Virginia Freedom of Information Act generally provides members of the public with access to these records, which typically include records of arrests, police reports, and other similar documents held by law enforcement agencies across the state. However, certain information is restricted or redacted for privacy and security reasons, and access to this information is limited to specific parties.

Available information in Virginia arrest records typically accessible to members of the public generally include:

The name and age of the arrested person
The arrestee's gender and race
The date, time, and location of the arrest
A general description of the offense(s) for which the person was arrested
The identity of the arresting officer
An arrest or case number

Mugshots of adult arrestees are also generally considered public information; however, the Freedom of Information Act restricts the release of these images in situations where doing so may jeopardize a felony case investigation. Juvenile arrest records, expunged records, information that reveals the identity of confidential informants, sexual assault, sexual abuse, or family abuse victims, or interferes with an ongoing criminal investigation are also restricted from public disclosure.

What are the Types of Arrest Records in Virginia?

There are two main types of arrest records in Virginia: local arrest/police records and criminal history records. Local arrest records are generally maintained by the law enforcement agency that made the arrest, such as police departments and county sheriff's departments, while the Virginia State Police maintains criminal history records. Local records usually provide details specific to the arrest in question. On the other hand, criminal history records maintained by the Virginia State Police cover an individual's complete criminal history, including arrests, convictions, and court dispositions, thereby providing a more comprehensive view of the individual's interactions with the criminal justice system.

Where are Arrest Records Kept in Virginia?

Many government agencies in Virginia keep records of arrests. These agencies typically include:

Local Law Enforcement Agencies: police departments and city and county sheriff's departments generally maintain arrest records for incidents occurring within their jurisdictions. Accessing these records typically involves contacting the appropriate department, which can provide details such as the arrestee's name, age, the nature of the offense committed, and the date and location of the arrest. Be aware that most local agencies typically charge a fee to obtain copies of arrest records.
The Virginia State Police: this agency maintains a repository for statewide criminal history records and provides interested members of the public with access to these records, which typically include records of arrests and other related information.
Virginia's Judicial System: courts in Virginia maintain and provide access to non-confidential records of criminal court cases resulting from arrests.
Federal Agencies: records of investigations, arrests, and convictions related to federal crimes in Virginia may be accessed through federal criminal justice agencies like the FBI; some of these agencies also typically maintain copies of state-level criminal history records.
Correctional Facilities: the Virginia Department of Corrections maintains records for individuals whose arrests resulted in convictions and incarceration. These records typically include details on the inmate, the location of incarceration, current custody status, and expected release date. The Federal Bureau of Prisons also maintains similar records for federal inmates incarcerated in Virginia.

How To Find Public Arrest Records in Virginia?

Individuals seeking access to arrest records in Virginia may utilize the following methods:

Contacting Local Law Enforcement: reaching out to local police and sheriff's departments is generally a common method for accessing arrest records in Virginia. While the requirements and procedure for accessing police records vary by department, it generally involves submitting a written request (many departments offer online platforms for this) and paying a stipulated fee. It is crucial to identify the particular agency that handled the arrest when seeking arrest records through local law enforcement, as they typically only maintain records for their specific jurisdiction.
Conducting a Criminal History Record Check: interested members of the public may access statewide arrest records by completing and submitting a Criminal History Records Check Form (SP-167) to the Virginia State Police (VSP). Criminal history checks cost $15 per search and returns information on arrests, indictments, convictions, and sentencing; the VSP also offers an instruction guide for completing the request form to ensure a smooth, hitch-free process.
Using the Virginia Court's Case Management Systems: Virginia's judicial system generally provides online access to criminal court records through its court case management systems. However, the availability of these records online varies by court; nonetheless, copies of court records that are not hosted online may be accessed in person by contacting the clerk of court's office at the court that handled the case.
Utilizing a Third-Party Website: reputable third-party websites like RecordsFinder generally provide online access to publicly available Virginia arrest records. These platforms typically compile data from various sources, allowing individuals to search for public records by name and location, usually for a nominal fee. However, it should be noted that third-party websites are usually not government-affiliated and may not always reflect the most current or accurate information.

How Long Do Arrests Stay on the Record in Virginia?

Arrests generally remain on a person's record in Virginia indefinitely and may be viewed by the general public unless the record is sealed or expunged, where applicable. Note that, unlike some states that automatically seal (or expunge) certain records, Virginia generally requires individuals to take specific actions to remove arrest records from public view. However, the state's new record-sealing law (which will take effect by July 1, 2025) makes provisions for the automatic sealing of certain misdemeanor offenses.

How To Seal or Expunge an Arrest Record in Virginia?

Sealing a record generally refers to a legal process that makes the record accessible to only specific authorized parties, while expungement involves completely erasing the record and making it as if it never existed. However, both terms are often used interchangeably in Virginia, as both sealed and expunged records may still be accessed by certain parties. The main difference between them is that expungement is usually only applicable to non-convictions, while sealing may be done for certain convictions.

Per Virginia Code Section 19.2-392.2, only records of cases that ended in acquittals, dismissals, or "nolle prosequi" (where the prosecutor decides not to pursue charges) are typically eligible for expungement. Individuals who were unjustly convicted but later received a full pardon and those whose name or identity was used without their permission by another person arrested or charged with a crime can also petition a court to have the record expunged.

Similarly, Virginia Code Sections 19.2-392.5 through 19.2-392.17 outline the requirements and procedure for sealing criminal history record information and court records in the state. It should be noted that this law does not take effect until July 1, 2025. Per this record-sealing law, individuals who are convicted of misdemeanors (excluding DUIs and assault and battery of a family or household member) may petition a court to have their records sealed if they meet the following general criteria:

Seven years have passed since the conviction
They have not been convicted of any crime (excluding traffic infractions) in the last seven years
They have never been convicted of a Class 1 or 2 felony
They have had no conviction for a Class 3 or 4 felony in the last 20 years
They have had no conviction for any felony in the last 10 years
They can prove their rehabilitation (for offenses involving alcohol or drug use)

Certain misdemeanors, including underage alcohol possession, marijuana possession, disorderly conduct, trespass, and concealment, will also be automatically sealed starting on October 1, 2025 under the following conditions:

Seven years have passed since the conviction
The individual was not convicted of or received a deferral dismissal for an ineligible offense on the date of the conviction
The individual has not been convicted of any crime in the U.S. (excluding traffic infractions) during the seven-year period

It should be noted that, under the state's record sealing law, individuals may seal records from only two sentencing events; situations where multiple charges were decided in court on the same day are counted as one sentencing event. However, this limit does not apply to cases where the charges were dismissed, the individual was acquitted, or the case ended in nolle prosequi.

Once a record is sealed or expunged, it is no longer open to public inspection. Nevertheless, sealed records may still be accessed under certain situations, such as child custody and protective order proceedings, to determine the individual's eligibility to possess or purchase a firearm, and for certain employment purposes. On the other hand, access to expunged records is even more restricted; these records may only be opened, reviewed, or disclosed through a court order from the court that ordered the expungement.