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