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Virginia Criminal Records

Virginia Criminal Records

A Virginia criminal record is a documented history of an individual's encounter with the state's criminal justice system, including law enforcement agencies and the courts. It contains information on arrests, charges, court proceedings, and convictions resulting from criminal activities. In Virginia, several agencies are responsible for maintaining criminal records systems. The Virginia State Police (VSP) is the primary agency in charge of maintaining and providing access to criminal history records in Virginia. In addition, local law enforcement agencies and Sheriff's Offices maintain arrest records for persons arrested within their jurisdiction. Likewise, the Virginia Judicial System provides online access to court records, which includes information on criminal cases. The Department of Correction maintains records of individuals incarcerated, which has information on the inmate's statutes and sentences.

Criminal records serve multiple purposes. In Virginia, criminal records are used for employment screening to assess the suitability of job applicants to ensure a safe workplace. Criminal records are used by professional licensing boards to determine eligibility for certain jobs. Furthermore, some landlords and property management companies require criminal records to evaluate the reliability and safety of prospective tenants. Educational institutions require criminal records to ensure the safety of staff and students. Adoptions and foster care agencies use criminal records to evaluate prospective adoptive parents and foster parents.

What is Included in the Criminal Record?

The primary agency responsible for providing criminal records, also called Record of Arrest and Prosecution, RAP sheet is the VSP. The VSP, through the Central Criminal Records Exchange (CCRE), maintains the state's repository of criminal history records information. The RAP sheet contains comprehensive information about an individual's criminal history, including information such as:

  • Personal Identification Information: The full legal name, aliases, date of birth, partial and social security number. It also includes physical description, such as height, weight, race, and distinguishing marks of the record holder
  • Arrest Information: The date of arrest, arresting agency, arrest location, charges, mugshot, and fingerprints
  • Charges and Offenses: Specific charges filed against the record holder, description of criminal offense, and case number
  • Court Information: Court dates, court disposition, and sentencing information
  • Incarceration Information: Name of facility incarcerated, incarceration dates, and probation and parole status

Are Criminal Records Public In Virginia?

Criminal records are accessible to the public in Virginia under specific conditions and frameworks. Section 19.2-389 of the Virginia Code governs the dissemination of criminal history records information. Likewise, Section 2.2-3700 of the Virginia Freedom of Information Act permits citizens access to public records. Per the Virginia Code, accessibility to criminal records is restricted to the following:

  • The individual named on the record
  • State agencies, including law enforcement agencies, judicial system, and licensing boards
  • Third parties, such as employers and landlords

How to Access Criminal Records in Virginia

How to Access Criminal Records in Virginia

Obtaining criminal records in Virginia requires following specific procedures. For instance, persons or agencies requesting a criminal record must complete the accurate form. Form SP-16 for individuals, SP-266 for sex offenders and a crime against minor registry search, and SP-230 for Virginia agencies. There are no online requests for criminal records in Virginia. All requests for criminal records must be by mail or in person. To begin, record seekers must log in to the VSP Non-Criminal Justice Interface and select the appropriate form to request criminal records. Persons seeking their criminal record must notarize their signatures. The VSP offers the option of remote online notarization through NotaryCam. Complete the form and click on confirm. After confirming all your information to be accurate, click on generate. This action generates the form for printing. SP-167 form returns searches for Virginia convictions only. Persons seeking Virginia charges, dismissals, and pending cases must attach a complete fingerprint card to the form. The VSP mailing address is:

Virginia State Police

Civil and Applicants Records Exchange (CARE)

PO Box 85076

Richmond, VA 23285

In-person requesters may drop off their applications at:

Virginia State Police

Civil and Applicants Records Exchange (CARE)

7700 Midlothian Turnpike

N Chesterfield, VA 23285

It takes up to 15 - 20 business days from the date of receipt for the VSP to process criminal records. It costs $15.00 per record search. The VSP accepts business checks, certified checks, and Money Order payments. All credit card payments must be through MasterCard and Visa only.

Criminal history record check dissemination is approved by state law. Therefore, anyone may run a background check on someone resident in Virginia. To commence, record seekers must complete the SP-167 form. However, the record holder must sign the form, while the record seeker must notarize their signature. Per state law, law enforcement agencies, employers, individuals, government agencies, licensing boards, and the courts may access criminal records in Virginia. In most cases, the record holder must grant permission to the record seeker to access the records.

Other types of criminal records are publicly accessible in Virginia. Court records are available online through the Virginia Judiciary's online system or by visiting the clerk's office in the courthouse where the case was filed. Police reports are made through the department that granted the report or made the arrest. Jail records are open to the public using the Virginia Department of Correction online inmate locator tool. Sex offender records are publicly accessible using the Sex Offenders Registry Online.

What is Considered a Felony in Virginia?

Felonies in Virginia refer to serious offenses punishable by incarceration in a federal or state prison for at least one year with the possibility of paying fines. For sentencing, felonies in Virginia are organized into categories, called classes, in order or seriousness of the penalties. Per Section 18.2-9 of the Virginia Code, there are 6 classes of felonies in Virginia. Class 1 felonies are the most severe, while class 6 are the least severe. The state uses a classification system to ensure that the severity of the crime is proportionate to the offense committed. The following are the examples of crimes that fall under each felony in Virginia.

Class 1 Felony

    • Capital Murder: Premeditated killing under special circumstances, including murder for hire
    • Terrorism: The use of violence or threat to instill fear, intimidate, or coerce the population or influence government policy
    • Treason: Levying war against the state or giving aid and comfort to enemies of the state
    • Kidnapping with Intent to Extort or Kill: Abduction of a person with intent to demand ransom or commit murder

Class 2 Felony

    • First-Degree Murder: Intentional killing without premeditation or special circumstances
    • Robbery: Taking property from someone by threat or violence to permanently deprive them of it
    • Rape: Non-consensual sexual intercourse, especially with the use of force, threat, or intimidation
    • Arson of an Occupied Building: Burning down a building with occupants on purpose

Class 3 Felony

    • Kidnapping: Abducting someone with the intent to deprive them of their liberty
    • Possession with Intent to Distribute Controlled Substances: Possession of drugs with intent to sell or distribute
    • Malicious Wounding: Intentionally causing injury with the intent to maim, disable, or kill
    • Burglary with a Deadly Weapon: Breaking and entry with the intent to commit a felony while armed with a deadly weapon

Class 4 Felony

    • Embezzlement: Stealing money or property entrusted to one's care
    • Forgery: Creating or altering documents to defraud
    • Hit and Run: Leaving the scene of an accident that resulted in injury or death
    • Extortion: Obtaining property, services, or money through coercion and intimidation

Class 5 Felony

    • Involuntary Manslaughter: Unitenion killing as a result of reckless or negligent behavior
    • Perjury: Lying under oath during judicial proceedings
    • Child Abuse: Causing serious injury to a child through reckless disregard for human life
    • Assault and Battery against a Law Enforcement Officer: Physical attack on a police officer while performing their duties

Class 6 Felony

    • Animal Cruelty: Causing the death or serious injury to an animal
    • Reckless Endangerment: Engaging in conduct that creates a substantial risk of serious physical injury to another person
    • Impersonating a Peace Officer: Pretending to be a law enforcement officer to deceive or intimidate others
    • Credit Card Fraud: Using someone else's credit card information without authorization

Penalties For Virginia Felonies

Section 18.2-10 of the Virginia Code outlines the punishment for conviction for felony crimes in the state. The penalties for felonies vary based on the class of the felony, the nature of the offense, and the offender's criminal history. Penalties for felonies in Virginia include:

Class 1 Felony

  • Life imprisonment or death penalty
  • A fine of up to $100,000
  • Ineligible for parole or conditional release

Class 2 Felony

  • 20 years to life imprisonment
  • Fines not exceeding $100,000

Class 3 Felony

  • Incarceration of between 5 to 20 years
  • Fines of up to $100,000

Class 4 Felony

  • Imprisonment for a term above 2 years but under 10 years
  • A fine under $100,000

Class 5 Felony

  • A term of imprisonment between one to ten years
  • Confinement in jail for up to 12 months, where the case is tried without a jury
  • Fines not exceeding $2,500

Class 6 Felony

  • Incarceration between one and five years
  • Confinement in jail for not more than 12 months and fines of up to $2,500 where the case is heard in the absence of a jury

What is a Misdemeanor in Virginia?

A misdemeanor in Virginia is a less severe offense compared to felonies. Misdemeanors are lesser criminal offenses punishable by jail terms and fines. In Virginia, Misdemeanors are classified into 4 classes, with class 1 misdemeanors carrying the harshest penalties and class 4 being the least serious.

Class 1 Misdemeanor

    • DUI: Driving under the influence of a controlled substance
    • Assault and Battery: Physical attack on another person causing harm
    • Possession of Marijuana: Having marijuana for personal use
    • Petty Larceny: Theft of items valued under $1,000

Class 2 Misdemeanor

    • Reckless Driving: Driving in a way that endangers life and property
    • Public Intoxication: Intoxicated in public to the extent of harming oneself
    • Failure to Stop for a School Bus: Not stopping for a school bus loading or unloading children
    • Driving without a Valid License: Operating a motor vehicle without a valid driver's license

Class 3 Misdemeanor

    • Illegal Possession of Fireworks: Possession of fireworks is illegal in Virginia
    • Disorderly Conduct: Acting in a disruptive manner in public
    • Minor Theft: Theft of items that fall below petty larceny
    • Public Urination: Urinating in public places

Class 4 Misdemeanor

    • Public Swearing: Using profanity in public causing disturbance
    • Fishing without a License: Fishing in public waters without the proper license
    • Jaywalking: Crossing the street outside of designated crosswalks
    • Littering: Disposing of trash in an unauthorized area

Penalties for Virginia Misdemeanors

Per Section 18.2-11 of the Virginia Code, the following punishment is prescribed for convictions of a misdemeanor based on its classification.

Class 1 Misdemeanor

  • A jail term of up to 12 months and fines of up to $2,500
  • Enhanced penalties for repeat offenders, such as longer probation periods and mandatory counseling
  • Compulsory participation in community service

Class 2 Misdemeanor

  • Incarceration up to 6 months and fines not exceeding $1,000
  • Probation, mandatory educational programs
  • Community service

Class 3 Misdemeanor

  • Fines of up to $250
  • Community service, mandatory educational programs, and compulsory counseling

Class 4 Misdemeanors

  • Fines not exceeding $250
  • Probation, community services, and mandatory counseling

How Long Does a Virginia Criminal Record Stay In a Background Report?

How Long Does a Virginia Criminal Record Stay In a Background Report?

In Virginia, a person's criminal record stays indefinitely on their background report unless specific actions are taken to seal or expunge the record. Felony criminal records remain in perpetuity on a person's criminal record. They show up in background checks for the rest of the person's life. Misdemeanor convictions also stay permanently on a person's criminal record and will show on a background check. However, misdemeanor records may be expunged.

In Virginia, certain felony crimes cannot be expunged due to their severity and the nature of the offense. Felony convictions such as murder, rape, and robberies cannot be sealed or expunged. Likewise, sex offenses, driving under the influence, domestic violence offenses, and crimes involving minors are not eligible for expungement.

Sealing and Expungement of Criminal Records in Virginia

Sealing criminal records is the process of hiding criminal records from public view. When a record is sealed in Virginia, it restricts access to the records, making it inaccessible to the general public, including potential landlords and employers. However, law enforcement agencies and courts still have access to sealed records. Expungement of a criminal record, on the other hand, goes further than legally sealing the record. It is the legal erasing or destroying of a criminal conviction record. Expungement eliminates the record, removing it from court files and public databases as if it never existed.

Expungement in Virginia is limited. Per Section 19.2-392.2 of the Virginia Code, persons charged with crimes where they pleaded not guilty, or the case was dismissed, or received absolute pardon for unjust conviction, may file a petition for the expungement of the record. Persons who accepted a plea bargain or pleaded guilty or no contest to a criminal charge cannot erase their criminal record in Virginia. The expungement process begins with filing a petition with the circuit court in the jurisdiction where the charge was filed. Attend the hearing where the judge reviews the case, If granted, the court issues an order to erase the record. The expungement process in Virginia can take several months to over a year, depending on the court's caseload and the case complexity. In addition, to expunging criminal records, Virginia offers a "Certificate of Actual Innocence" declaring that the individual is innocent of crimes accused. Per Section 19.2-392.14 of the Virginia Code, certain agencies such as government agencies, the courts, and law enforcement agencies may still access criminal records after being sealed.

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