Virginia Arrest Records

The arrest rate in Virginia has been decreasing over the past few years. Currently, the prevalence is estimated at 2,364 per 100,000 residents. The general decline in arrest rates may be due to law enforcement practices and policies over the years. Most arrests were for drug-related offenses, larceny, operating a vehicle under the influence, assault, and battery, or property crimes.

Virginia's figures are much higher than the national average of 1518 arrests per 100,000. This is reflective of data collected from different law enforcement agencies. It also ranks higher than its neighbor Maryland, which had 2,175 arrests per 100,000, but lower than North Carolina, which has an average of 3,300.

What Is an Arrest Under Virginia Law?

Virginia laws define arrest as the detaining or seizing of a person to take them into custody by a law enforcement officer after determining probable cause the suspect has committed a crime. Processes of arrest or a warrant following criminal activity can be issued by a judge or a clerk of any circuit court or magistrate within the state. Generally , the main elements of arrest include the intent following a warrant or probable cause, physical restraining of the suspect, notification of the reason for arrest, and booking in a police station.

Type of Arrests in Virginia

Virginia arrest may be grouped into various types according to the legal approach or scenario. In each case, though, the prerequisite is that probable cause for committing a crime is involved. They typically include the following.

Arrest Following a Warrant

These are the most common as they follow the typical law enforcement investigation process. When an officer of the law investigates a suspect and finds enough evidence to show they committed a crime or were involved in suspicious activities, they may seek a warrant from the courts. A judge, magistrate, or high-ranking official of the courts may issue a warrant according to probable cause. This authorizes law enforcement to take the person into custody.

Arrest Without a Warrant

Law enforcement personnel may also opt to apprehend a suspect if they see them committing a crime. Even if the crime was not committed in their view, the police may still arrest a person if they believe there is probable cause for the person to commit a felony. This is the case, for example, if they believe the person is in possession of illegal drugs or an unlicensed firearm. It is also viable during traffic stops before verifying if the individual is driving under the influence.

There are other forms of arrest in the state of Virginia, typically including the following:

• Bench warrants: these occur when a person has failed to appear for a summon to court or has defaulted on child support
• Juvenile arrests: Juvenile arrests involve the apprehension of individuals under the age of 18 who commit a crime.
• Arrest for violation of protective orders: police officers may arrest people who violate protective orders that the court issues, like a restraining order
• Citizen's arrest: civilians may arrest someone if there is a publicized warrant for their apprehension.
• Traffic arrests: these are arrests that follow grievous violations of traffic laws like driving under the influence or over-speeding and damage to property.
• Domestic violence arrests: These are arrests of individuals who have committed domestic assault.

What Are Virginia Arrests Records?

Virginia arrest records are official documentation concerning a person's apprehension. They may contain particular details about the arrest, including the following:

• Names, addresses, and physical descriptors of the arrested person
• Date, time, and location of the arrest
• Charges filed against the person beforehand and additional charges during apprehension like assault or resisting arrest
• The law enforcement agency and police officer that made the arrest
• Mugshots and fingerprints of the arrested person
• Bail information
• Sentencing information like fines or probation

Arrest records are different from criminal records due to their scope. While the former concerns a person being taken into police custody because they have committed a crime, criminal records generally cover the entirety of the individual's interactions with the state's criminal justice system. They will show all charges, court records, convictions, and sentences. Arrest records may be accessible according to Virginia law, but due to their wider scope, criminal records are subject to more restrictions.

How Can Arrest Records Be Accessed in Virginia?

Arrest records in Virginia are publicly available as per the Freedom of Information Act, which is indicated in VC section 2.2-3706. That means residents of the state may access the arrest records provided public organizations are holding them. Though they are considered public information, some categories do not fall into this category due to privacy and sensitivity exemptions. For example, juvenile arrest records are not accessible to all parties except the identities mentioned in the document. Ongoing criminal investigations are also inaccessible to the majority of the public to prevent compromising it. Sealed or expunged records also fall into the exemption group because they have been removed from public access.

Certain parties are allowed viewership rights in cases where the public is not allowed access to the arrest record, such as those involving ongoing criminal investigations. These generally include law enforcement agencies and officials, employers in the security or healthcare sector, and insurers.

Arrest records in the state can typically be sourced from local law enforcement agencies. They may be accessed in person, via mail, or online. The method of preference depends on convenience.

In-person Access

• The first step is determining the arresting law enforcement agency, such as the state police or the specific police department.
• Visit their offices during business hours. While doing so, it may be optimal to call beforehand to confirm if the request is feasible.
• Provide identification, as this will probably be a requirement like a driver's license. Inform the staff of the desire to view arrest records. They may require record seekers to fill out a request form.
• Pay the appropriate fees. Most arrest records have a designated fee per page for processing. The fee structure is also indicated when one goes to access the records onsite.

By Mail

• Download the request form for arrest records from the Virginia State Police website or the relevant police department's web page.
• Fill out the form accurately indicating the party's names or other identifying information.
• Pay the fee for the request by the stipulated means, such as a check or money order. The Virginia State Police typically charges $15 per request.
• It usually takes 15 to 20 business days to process the records from receipt.

Online

• Find the appropriate state law enforcement website with the records. This could be the Virginia S tate P olice, police departments, or sheriff's offices.
• Look for the public or arrest records section on the platform.
• Some websites may require the requester to create an account and set up a login.
• Search for the records according to the party's names or the date of the arrest.
• The cost varies according to the agency on a per-page basis.

How Long Will an Arrest Report Stay on Your Virginia Records?

In the state of Virginia, arrest records remain on a person's jacket indefinitely. It means they are not removed at regular intervals. The information will also remain accessible to most parties with authorization up until the time they are sealed or expunged.

Can You Expunge Your Arrest Records in Virginia?

The current state law authorizes petition-based processes to expunge non-convictions from the records. That means individuals are eligible for arrest record expungement if they have not been convicted of the offense. The process requires filing a petition, submitting fingerprints to the circuit court, and paying the filing fee. The circuit courts have the discretion to grant or deny the petition for expungement.

The arrested individual also has the burden of proof to show that they are eligible to have their records expunged. According to the current laws, one is eligible if one was acquitted of the alleged crime or if the charges filed against an individual were dismissed. Similarly, if the state opted not to proceed with the prosecution or if there was a case of mistaken identity, it matches the criteria for expunging.

There are new legislations, though, which are taking effect as of October 2025. It mandates that an individual qualifies to have their arrest records sealed if the government drops the case or if they are found not guilty following a trial.

Sealing Arrest Records in Virginia

Sealing arrest records means storing them away from public access. It follows a similar process as expunging. One has to determine if they are eligible. That is, being found not guilty or if the prosecution drops the charges. Even if the person has no prior record, it is easier to expunge records. The next step is to get the necessary documentation. That is a petition Form DC-363 from the Virginia courts or the local courthouses. Fill out the form accurately indicating the details of the arrest. Provide information about the case as well, like dates and the charges.

Serve the petition to the Commonwealth attorney in the jurisdiction where the arrest happened. Proceed to get fingerprinted, and the courts will provide instructions on where to go for this task. The fingerprints will also be submitted to the state police, who will do a background check and report back to the courts with the relevant information. The judge will then decide whether to seal the records or not based on the details provided.

• Discuss the process of sealing such arrest records.
• Also, discuss sealing or expunging arrest records where the individual is acquitted (not convicted) and under what conditions.

Is Citizen's Arrest Legal in Virginia?

Citizens' arrests are legal in Virginia but under certain circumstances. For one, there has to be a breach of the peace or a crime being committed by the suspect who is to be apprehended. Secondly, the breach of the peace or the crime must happen in the presence of the individual who wants to make the citizen arrest. This is to prevent cases of mistaken identity and future litigation. Citizens arrest also restricts the use of excessive force on the part of the person who is making the arrest. That is unless there are unavoidable circumstances. It also reduces the potential of charges being filed against the one doing the arrest.

How to Look Up Arrest Warrants in Virginia

The Virginia Public Records Act authorizes police and law enforcement to make warrants public. Warrant searches may be done by looking up the official web pages of the local police departments. For example, the Roanoke County police periodically publish their lists of active warrants available to the public. Arrest warrants may also be sourced from the county sheriff's office. A request may be issued in person, though. Alternatively, the interested party may personally visit the circuit court for the arrest warrant request.

The Virginia Department of Corrections provides a list of open warrants at the state level. When performing a warrant search, the record seeker must provide the dates of birth, names, and addresses to implement the search. That said, arrest warrants involving juveniles, domestic violence, or ongoing criminal investigations are generally restricted to specific parties.