Botetourt County Arrest Records

Arrest records, generated by law enforcement agencies after an arrest, carry essential details about an arrest incident. In Botetourt County, the Sheriff’s Office is the primary law enforcement agency, working alongside the Virginia State Police to uphold the law.

When an arrest occurs, the suspect is booked and detained in the county jail, which the Sheriff’s Office manages. If the arrestee is prosecuted, they may face trial in court to answer for the alleged offense(s). Once a case enters the court system, the ensuing proceedings, including hearings and depositions, will be documented in the Botetourt County court records.

Are Arrest Records Public in Botetourt County?

Yes. Residents of Botetourt County have the right to access arrest records under the Virginia Freedom of Information Act (FOIA). The FOIA classifies arrest records as public information, with certain exceptions.

Exempt arrest records in Botetourt County are generally records that are prohibited from disclosure by law or court order, such as:

• The arrest records of individuals under the age of majority (18 years)
• An arrestee's health information
• An arrestee's sensitive personal information
• Arrest records associated with ongoing criminal investigations
• The identity of confidential informants

What Do Public Arrest Records Contain?

Public arrest records in Botetourt County typically contain the following information:

• The arrestee's full name, gender, age, and mugshot
• The arrest date and location
• The arresting agency
• The arrest charges
• The arrestee’s booking ID
• Bail conditions (for bailable arrests)

Botetourt County Arrest Statistics

Researchers can find Botetourt County arrest statistics on the Data Analysis and Reporting Team's (DART) Public Reporting Site. In 2023, the county recorded 713 arrests—377 for Group A offenses and 336 for Group B offenses.

Of the county's Group A offenses, the "Crimes Against Persons" category had more arrest occurrences, with a cumulative 134 arrests recorded in 2023 and simple assault noted as the most common offense (97 arrests). Society and property offenses resulted in 128 and 111 arrests, respectively.

Meanwhile, of the Group B offenses, driving under the influence (73 arrests) and disorderly conduct (45 arrests) were the leading causes of arrest in Botetourt County.

Find Botetourt County Arrest Records

When seeking an arrest record in Botetourt County, the first step is determining the agency that generated the record (the arresting agency). Arrest records in Botetourt County are typically either in the custody of the Sheriff’s Office or the State Police. To obtain an arrest record from the Sheriff’s Office, individuals can complete and forward the FOIA Request Form to the office via email or mail at:

P.O. Box 18
205 North Roanoke Street
Fincastle, VA 24090

Requests can also be made in person at the Sheriff's Office.

Meanwhile, inquirers can stop by the State Police Area 39 office to obtain arrest records in their custody. The office is located at:

3861 South Lee Highway
Natural Bridge, VA 24578
Phone: (540) 291-2548
Email: area39@vsp.virginia.gov

Records of detainees in the Botetourt County Jail can be made to the local Sheriff’s Office.

Note that the Virginia Department of Corrections (VADOC) keeps records of prisoners in state correctional facilities. As such, any associated inquiries should be directed to the department. The VADOC's inmate records can be accessed using the Virginia Inmate Locator tool. To perform a search, users must provide an inmate's complete last name and at least the first initial of their first name or a seven-digit inmate ID. Additional search filters include an inmate’s alias, middle name, release date, age range, gender, and race. A successful search provides an inmate's location, expected release date, and other public information about their incarceration.

Federal inmates can be located using the Federal Bureau of Prisons Inmate Locator. Searches can be conducted using an inmate's first and last name, BOP register, FBI, INS, or DCDC number.

Free Arrest Record Search in Botetourt County

Researchers may find free Botetourt arrest records on third-party websites. No fee is typically required to perform a search. Users may also be provided limited access to arrest record information on some platforms at no cost. However, users will often need to pay a fee to access records fully.

How Long Do Arrests Stay on Your Record?

Arrest records are retained forever in Botetourt County by default. These are only removed from public access when a court orders an expungement. However, before an arrest or charge can be expunged, it must meet the minimum statutory requirements; otherwise, the court can deny the expungement.

Expunge Botetourt County Arrest Records

Arrest records in Botetourt County are expunged under Title 19.2, Chapter 23.1 of the Virginia Code. Per Va. Code Ann. § 19.2-392.2, individuals with an arrest record may petition the court to expunge the record if:

• They were acquitted of the charge.
• A nolle prosequi was entered, or the charge was dismissed, including dismissal by accord and satisfaction
• They are a victim of mistaken identity or identity theft

When filing an expungement petition, the petitioner must include:

• A copy of the summons, warrant, or indictment (if available)
• Arrest details, such as the arresting agency, arrest date, charges, final disposition date, date of birth, and full name at the time of the arrest.
• Their fingerprints from a law enforcement agency if the expungement is based on mistaken identity

If their petition is granted, the court will order the record expunged, which effectively restricts public access to it.

Botetourt County Arrest Warrants

A warrant grants law enforcement the legal authority to carry out an action that would otherwise infringe on a person’s rights. An "arrest" warrant empowers police officers to lawfully arrest someone suspected of a crime and bring them to court.

In Botetourt County, a district/circuit court clerk, district/circuit court judge, or magistrate can issue an arrest warrant. However, a magistrate is prohibited from issuing warrants for felony offenses based solely on a complaint made by a private citizen. In such instances, the magistrate must obtain authorization from the Commonwealth’s Attorney or a jurisdictional law enforcement agency before issuing the warrant.

When a complaint is filed in court, the presiding judicial official is required to review it to determine whether probable cause exists. The complaint must be submitted in writing if the complainant/accuser is not a law enforcement officer. For felony offenses, all complaints—whether made by law enforcement officers or private individuals—must be in written form.

An arrest warrant in Botetourt County must:

• Name or describe the accused with reasonable certainty (if the name is unknown).
• Describe the offense charged with reasonable detail.
• Command the accused to be arrested and brought before the court.
• Be signed by the issuing officer.
• Be directed to an appropriate officer(s)

If the offense is for a local ordinance violation similar to state law, the warrant will reference both the local ordinance citation and the state law.

Do Botetourt County Arrest Warrants Expire?

No, Botetourt County arrest warrants do not expire. However, a court may quash a warrant after a review. Under Virginia law, the Sheriff’s Office is required to submit a quarterly report to the Commonwealth’s Attorney listing:

• Felony warrants not executed within seven years of issuance
• Misdemeanor warrants not executed within three years of issuance
• Unexecuted misdemeanor warrants issued for a now deceased person or based on mistaken identity or any other technical/legal error

The Commonwealth’s Attorney will then petition the circuit court to destroy all qualifying warrants. However, warrants issued for aggravated murder or pertaining to ongoing investigations may not be destroyed.