Augusta County Arrest Records

An arrest in Augusta County, Virginia, occurs when a person is taken, seized, or detained by any other action that shows that someone wants to take them into custody, and the person is put under the actual authority and will of law enforcement conducting the arrest as per Sections 8.01-327.1 of the Virginia Code. Arrests can be made with or without a warrant by law enforcement and sometimes by private persons. Typically, arrest records are generated by the arresting agency but may also be featured within Augusta County court records especially where relevant to subsequent judicial proceedings.

Are Arrest Records Public in Augusta County?

Yes. Arrest records are public as per the Freedom of Information Act (FOIA) of Virginia, found in §2.2-3700 et seq. of the Code of Virginia, which ensures that Commonwealth people have access to public records that are kept by public bodies. Augusta County arrest records are also regarded as criminal history records and can be provided to interested citizens as per Section 19.2-389 of the Code of Virginia.

However, certain categories of Augusta County arrest records are considered confidential and exempt from public disclosure by state laws. People will need a court order under special circumstances to access these records. Some examples of confidential arrest records include:

• Arrest records that are included in ongoing criminal investigation files
• Arrest records and reports that reveal victims of sexual-related offenses
• Juvenile arrest records
• Arrest records that have been expunged or sealed in accordance with state laws
• Any arrest record that, if released, will compromise the safety of the general public
• Arrest records of active law enforcement personnel might put them in danger

What Do Public Arrest Records Contain?

Generally, arrest records released by law enforcement in Augusta County will contain the following information:

• The name of the person under arrest
• A physical description of the arrested person
• The individual's last known address
• Charges against the arrested person
• The date and time of the arrest
• The name of the arresting agency
• The name of the officer who made the arrest

Find Augusta County Arrest Records

The Augusta County Sheriff's Office is the go-to place to find Augusta County arrest records. The county sheriff's department has a records unit that maintains arrest records and other local criminal records. The records unit works with the county's Freedom of Information Officer to decide which arrest records should be made available to interested citizens.

Augusta County arrest records can be found by requesting freedom of information from the county sheriff's office. The request can be made online, by mail, or through the telephone. To make a request in person, requesters will need to visit the office and complete an FOI form or make a request verbally. Under the Freedom of Information Act, the request should provide the following details:

• The name and legal address of the requestor must be included in the request.
• The name on the arrest record must be included on the request form.
• The request needs to be reasonably clear about the arrest records it is looking for.
• Requesters can also choose whether to receive the records in electronic or hard copy format.

Similarly, requests can be sent through mail or telephone by contacting the FOIA officer within the county sheriff's office. The officer can be reached at:

Augusta County Sheriff's Office,
127 Lee Hwy,
Verona, VA 24482
Phone: (540) 245-5333

After receiving your request, the Sheriff's Office will reply within five (5) working days. When a request for arrest records is not answered within five (5) work days, the Augusta County Sheriff's Office FOIA Officer must reply to the requester by stating that it is not practically possible to respond within five days and outlining the circumstances that prevent a response.

Inmates arrested in Augusta County are either temporarily held for 24-48 hours without charges at the agency that made the arrest, or they are charged with a crime and transferred to the Middle River County jail. Anyone can find information on inmates held within the jail by searching the jail inmates portal or by contacting Authorities on (540) 245-5420.

Free Arrest Record Search in Augusta County

Free arrest records search in Augusta County is performed at the county sheriff's office through a Freedom of Information Act (FOIA) for arrest records. Whenever possible, records will be given away without charge. However, if the records are difficult to find or many documents are required to fulfill the request, the department may charge for accessing, copying, providing, or searching the records.

A viable option for finding Augusta County arrest records for free is through third-party web pages. Third-party websites are independent online databases that private companies provide. They provide remote access to arrest records. Searches can be done by querying these databases using the name of the person on the record and filtered by state, county, and the name of the arresting agency. It is common practice to cross-check information from third-party sites with those from government sources to ensure the information obtained is accurate.

How Long Do Arrests Stay on Your Record?

Forever. An arrest record will stay on a person's record permanently regardless of whether the arrest leads to a conviction or not. Legislative bills in Virginia support the Automatic erasure of misdemeanors after 7 years, but they have not been made laws yet. Currently, the only way to remove an arrest record from public access is to have it sealed or expunged.

Expunge Augusta County Arrest Records

Expungement is the legal process of completely erasing a person's arrest records and other criminal records from their official criminal history report. Expunged records are removed from any public database and can only be accessed by law enforcement only if a person commits a new offense. In certain instances, it reinstates a person's voting and gun rights that were revoked due to a felony conviction.

When it comes to expunging Augusta County arrest records, the Commonwealth of Virginia is very restrictive on eligibility. An application for expungement may only be submitted under Virginia Code § 19.2-392.2 in the following situations:

• The court dismissed the charges following the arrest.
• The prosecutor dropped the charges.
• The person was acquitted of the crime.
• The person was arrested under a false name in a case of mistaken identity,
• Certain juvenile arrest records which are 5-10 years after their last hearing.
• Arrest records from criminal convictions if the Governor has granted an absolute pardon.

If a person is eligible to have their arrest records expunged, they can do so by following these steps:

• The first action is to file a petition to expunge at the Augusta County Circuit Court or any court in the county where the judicial process took place after the arrest.
• The petition should detail the arrest date and the arresting agency's name. The petition shall further state the specific criminal charge or civil offense to be expunged, the petitioner's date of birth, and the full name used by the petitioner at the time of arrest.
• A copy of the petition will be sent to Augusta County's Commonwealth attorney. Within 21 days of receiving the petition, the Commonwealth's lawyer has the option to respond to it, submit an objection, or notify the court in writing that he does not object.
• The court will set a hearing date and make a decision on the petition. If the petition is successful, the court will send an order to the arresting agency and the Virginia Criminal Records Exchange to expunge the records

Augusta County Arrest Warrants

An Augusta County arrest warrant, also known as a “process of arrest,” is issued when a court magistrate is presented with evidence that a person has committed a crime as per § 19.2-71 of the code of Virginia. In Augusta County, a person must appear before a State Magistrate and present probable cause for the warrant's issue to get one. There is no cost associated with getting a warrant. People can call the magistrate at (540) 245-5015 to ask questions about the issuance of warrants.

A valid Augusta County arrest warrant will usually include the following information:

• The name of the person that is to be apprehended
• The charges against the individual
• The last known address of the wanted person
• The name of the issuing court and county
• The name and signature of the issuing judge

A list of active warrants issued by the Augusta County Circuit Court can be obtained by calling the county court clerk at (540) 245-5321. Individuals can also obtain a list of active warrants by contacting the warrants unit of the Augusta County Sheriff's Office.