Virginia Arrest Records

In Virginia, arrests are official recordings of arrest-related events within the state. These records typically include information on arrestees and the circumstances that led to the arrest.
An arrest occurs when a police officer takes a person into custody for a criminal offense. Officers may apprehend persons with or without an arrest warrant. Arrestees are temporarily detained in the county jail pending the outcome of further investigations.

Virginia's criminal justice agencies are the primary custodians of arrest records. Law enforcement agencies generally create arrest records after an arrest event. As such, residents may often find records by contacting local or city agencies, such as the Fairfax County Sheriff's Office, the Prince William County Sheriff's Office, or the City of Chesapeake Police Department.

Are Arrest Records Public in Virginia?

Under the Virginia Public Records Act, residents of the Commonwealth may access arrest records kept by law enforcement agencies. However, the provisions of this Act are not absolute, and some arrest records are excluded from disclosure in the state. As specified by Virginia Code § 2.2-3706, the following documents are confidential and excluded from unauthorized access:

• Juvenile arrest records;
• Arrest records of sex offenders;
• The identity of any victim or witness relating to an arrest;
• Criminal investigative documents and information, like notes, photographs, complaints, memoranda, diagrams, correspondence, maps, reports, court orders, witness statements, and evidence.

Virginia Arrest Statistics

The Virginia State Police 2023 report revealed approximately 212,531 arrests for both Group A and Group B offenses. Arrests for Group A offenses totaled 101,277, while those for Group B totaled 111,254. About 72% (151,878) of the arrested persons were males, while the remaining 28% (60,653) were females. The highest number of arrests (62,099) was recorded among individuals between 25 and 34. Furthermore, about 14,429 arrests were made for drug/narcotics and equipment violations that same year. The table below outlines the number of arrests per offense type in the state.

Virginia 2023 Arrest Statistics

Find Public Arrest Records in Virginia

Interested members of the public may find public arrest records from state and local law enforcement agencies in Virginia. Note that there is no central method or means to access these records. Notwithstanding, inquirers may follow these general steps to obtain arrest records from law enforcement agencies in Virginia:

1. Identify the records custodian: Arrest records are maintained by local- and state-level law enforcement agencies like city police departments and the Virginia State Police. Therefore, individuals must determine which agency is in custody of their desired record. If the city/county of the arrest is known, the requester may call or email the Police Department or Sheriff's Office in that city/county to inquire if a specific record is in their custody. Typically, individuals may call or email the state police to get information on where to obtain the record.
2. Determine the records request procedures: Each record custodian has a specific way of disclosing records to interested parties. Therefore, individuals would have to review the arrest record request procedures provided by the agency before initiating a request. When such information is unavailable on a custodian's website, inquirers may contact the agency by phone, fax, or email to inquire about the request procedure for retrieving an arrest record.
3. Submit the request: There are various methods of submitting arrest record requests in Virginia. Most law enforcement agencies' websites contain arrest logs or inmate search portals that allow online access to arrest records. Other request submission methods are by mail or in person at the agency's address. Case in point: the Virginia State Police permits individuals to submit their arrest records request by mail or drop-off.
4. Pay the necessary fees: Record staff charge fees for copies of arrest records. Therefore, individuals should contact the agency to learn their fee schedule. The cost may vary based on the volume of requested documents and document type. For example, the Henrico County Police Division charges $5 for arrest record requests, while the City of Fairfax Police Department charges $10 for the same service.

During litigation, a court clerk may issue a subpoena ordering a law enforcement agency to produce a confidential arrest record in its possession at the trial. The subpoena may be served by mail or in person. The agency has less than 14 days to respond to the subpoena.

How to Look Up Arrest Records Online in Virginia

Individuals may look up Virginia arrest records online via official or third-party resources. Official resources include arrest logs or search databases provided by local or state-level agencies. For example, the Winchester Police Department's website maintains a daily arrest log, while the City of Fairfax Police Department keeps a weekly updated arrest report.

Alternatively, requesters may consider using third-party online databases to look up Virginia arrest records. Most third-party sites initially allow requesters to search by the arrestee's first or last name. Inquirers may need to input additional details to narrow down the search results. Most third-party databases offer free access to arrest records. However, a small fee may be required for an extensive search or downloading arrest records.

What is Included in Virginia Arrest Records?

Virginia arrest records provide information about the arrestee and details of the arrest's circumstances. Specifically, these records contain:

• Arrestee's identifying information (first and last name, age, mugshot, residential address, and date of birth);
• Arrestee's physical description (sex, race, height, weight, and color of hair and eyes;
• Offense details (Offense date, jurisdiction, description, and the code of law violated);
• Arrest and booking details (The arrest date, time, and location; booking photo, date, and time);
• Arresting agency's name and location;
• Charge information (arrest charge and statute description);
• The specific crime committed;
• Incident and warrant numbers;
• Court date and bond.

How Long Do Arrests Stay on Your Record in Virginia?

Arrests remain on a person's record forever unless they are expunged. However, Virginia law enforcement agencies have a record retention schedule consistent with the Virginia Code and the Library of Virginia Retention and Disposition Schedule. Below are some arrest records and their scheduled retention period in Virginia:

• Adult arrest files would remain on record 100 years after birth;
• The arrest file of an adult whose death has been reported to the agency would be removed a year after notification.
• Juvenile arrest files remain on record 23 years after birth.
• Arrest logs and books are kept for 5 years after the last action.
• The arrestee's personal property inventory remains on record for 3 years after its creation.
• Records of properties confiscated during arrests remain on record for 3 years after the last action.
• Unexecuted arrest warrants are not recorded.

Expunge an Arrest Record in Virginia

An expungement is the removal of Virginia arrest records from official government records. Expunged records are no longer accessible to the public but remain visible to authorized entities. Persons may file for expungement to prevent discrimination while searching for jobs, housing, or schools.

Per the Virginia Code § 19.2-392.2, only arrested persons acquitted of a crime or whose charges are dismissed may file a petition to expunge their arrest records. The petitioner must file a Petition for Expungement Form with the city or county Circuit Court where the case was handled.

A copy of the petition shall be served to the prosecuting attorney of the city or county where the petition is filed. The attorney is expected to respond to the petition within 21 days after the service. The petitioner must provide a copy of their petition to a law enforcement agency and obtain a complete set of their fingerprints. The law enforcement agency will submit the fingerprints with a copy of the petition for expungement to the Central Criminal Records Exchange (CCRE).

The CCRE will forward a copy of the petitioner's criminal history under seal to the court, as well as the fingerprints, and a copy of the source documents that resulted in the CCRE entry that the petitioner wishes to have removed. The court will conduct a hearing after receiving the criminal history record information from the CCRE. The court may either approve or deny the petition. If the court approves the expungement, an order will be entered. Upon entering an order of expungement, the court clerk will forward a copy of such order to the Department of State Police, which will direct how the expungement will be handled.

How Do I Find Recent Arrests in Virginia?

You may typically find recent arrest information via law enforcement agencies. These agencies mostly keep records of arrest events that occurred within areas under their jurisdiction. That being said, the agency may provide access to the records via online search repositories or offline request options. Interested parties seeking to obtain recent arrests may do so via these options:

1. County Sheriff's Offices: Some have online portals where individuals may find basic information about an arrested person. For example, the Fauquier County Sheriff's Office provides a list of arrest-related activities on its website. Most sheriff's offices have local criminal history check forms that individuals may use to access recent arrests. For example, interested persons may download the Criminal History Record Check form and submit it in person at any of the Loudoun County Sheriff's Office locations.
2. County/City Police Departments/Divisions: Individuals may request recent arrest records online, by phone, email, mail, fax, or in person at City/County Police Departments. For example, the Henrico County Police Division provides recent arrest records online, by phone at (804) 501-4809, by mail, or in person.
3. Virginia State Police (VSP): Interested parties may find recent arrest records maintained by the VSP by submitting a Criminal History Records Check (SP-167) form by mail. Certain agencies must submit a Criminal History Records Check (SP-230) form to make similar requests. The process of retrieving arrest records from the VSP cannot be expedited, and there is no same-day service. The turnaround time is usually 15 days.
4. Circuit Courts: Individuals may find recent arrests on the Circuit Court Case Management System. The search criteria are by name, case number, or hearing date. Note that a County Circuit Court must be selected to initiate a search. Arrest records may also be retrieved by mail or at the city or by scheduling a visit to the county Circuit Court office.

Are Virginia Arrest Records Free?

Most County Sheriff's Offices and City/County Police Departments provide access to arrest records free of charge. Some Police Departments have downloadable arrest logs/reports on a dedicated web page where individuals may find a list of citizens' arrest information. Conversely, others have search boxes where requesters may enter an arrest date or name to view arrest records for free. Alternatively, individuals may find arrest records on third-party search websites. A typical third-party site will offer basic arrest information for free while locking extensive information behind a paywall. In most cases, a name and location will be required to initiate the search process, but more information may be required to complete the search.