Fauquier County Arrest Records

Arrest records are official documents created by law enforcement agencies when Fauquier County residents are apprehended and taken into custody for committing crimes, violating the Virginia penal code, or disobeying a court order or summons.

These records generally contain pertinent information about arrest incidents, arrestee data, and charges that led to the arrests. The arrest records contain the arrestee's name and date of birth, date, time, location of arrest, time of booking, photographs, fingerprints, charge description, and bail/bond information.

The agency that made the arrest is responsible for creating, retaining, and disseminating a particular arrest record. Following an arrest, suspects are taken to the Fauquier County Adult Detention Center, where they are booked pending court appearance. During the criminal litigations that usually result from arrests, records may be transferred between several local, state, and federal agencies that make up the criminal justice system.

As such, arrest records may be found among Fauquier County court records or criminal history records. Note that arrest records can not be used independently to imply or infer guilt, as they do not contain court dispositions.

Are Arrest Records Public in Fauquier County?

Yes. Fauquier County arrest records are public according to the Virginia Freedom of Information Act (VFOIA). Per this Act, citizens of the Commonwealth of Virginia have the right to inspect and copy arrest records in line with certain regulations applicable to specific law enforcement agencies as well as other provisions set forth by state or federal laws. Residents of Fauquier County are, by this law, required to submit a written record request to relevant law enforcement agencies (specifically the agency responsible for an arrest of interest) to obtain an arrest record.

However, the provisions of the Freedom of Information Act are not absolute, as not all arrest records are classified under Fauquier County public records. Virginia Code § 2.2-3706 sets forth certain exemptions from the VFOIA. Per these exemptions, the following records/information may be restricted from public disclosure:

• Juvenile arrest records
• Information about ongoing criminal investigation
• Sensitive personal data, such as bank account information and social security numbers
• Sealed or expunged records
• Sex offender and victim information
• Proprietary information provided under a promise of confidentiality
• Records subject to attorney-client privilege
• Information with the potential to cause harm or infringe on a person's fair trial rights if disclosed.

What Do Public Arrest Records Contain?

Public Fauquier County arrest records typically feature the following information:

• The full name and date of birth (or age) of the suspect
• An arrestee's physical characteristics, such as race, height, hair color, eye color, and weight
• The date, time, and location of arrest
• The date, time, and location of booking
• Booking details, such as mugshots, fingerprints, and booking number
• Name of arresting agency or officer(s)
• The alleged charges
• If applicable, bail or bond information.

Fauquier County Arrest Statistics

There are no publications on statistical crime or arrests in Fauquier County. However, the Virginia State Police publishes crime data annually in all counties throughout Virginia. According to its 2023 Uniform Crime Report's (UCR) Crime in Virginia publication, 212,531 arrests were made in 2023. 40,157 arrests were made for crimes against persons, 38,232 for crimes against property, and 22,888 for crimes against society. Some notable crimes for which arrests were made included the following:

• Aggravated assault: 5,739
• Simple assault: 29,643
• Murder and non-negligent manslaughter: 400
• Human trafficking: 15
• Motor vehicle theft: 1,458
• Driving Under the Influence (DUI): 79
• Drug law violations: 15,984
• Weapon law violations: 5,647
• Larceny: 8,887
• Arson: 185.

Find Fauquier County Arrest Records

The Fauquier County Sheriff's Office is tasked with preserving the county's arrest records. Record seekers should complete and submit the county's FOIA request form to this office. On the form, a requester must provide sufficient identifying information about the sought records with reasonable specificity to aid their easy retrieval by staff at the sheriff's office. Depending on the volume of requested documents, certain fees typically apply for FOIA requests. Request methods include mail, email, fax, in-person, and over the phone.

Fauquier County Sheriff's Office
78 West Lee Street
Warrenton, VA 20186
Phone: (540) 422-8600
Fax: (540) 422-8605
Email: sheriff.foia@fauquiercounty.gov.

Free Arrest Record Search in Fauquier County

The Fauquier County Sheriff's Office maintains an information database for all arrests made in the county. Interested parties may find a list of current inmates on the sheriff's website when they click the Inmates Inquiry tab. This website covers an inmate's full name, age, race, sex, arrest date, the charge(s) that led to the arrest, next court date, and docket number. Where applicable, one may find release dates and bond amounts. For recent arrests, go to the Arrests page on the website. This website can be accessed for free.

Alternatively, one may view arrest records using third-party websites. Compared to official sources, an added advantage of these websites is their multijurisdictional coverage, making them ideal for statewide searches and inquiries where a record seeker does not know the exact jurisdiction where a person was arrested. However, note that these websites are mainly private and independent of government agencies, and the information they provide is usually limited.

How Long Do Arrests Stay on Your Record?

Arrests stay in record indefinitely unless sealed or expunged. This applies to residents of Fauquier County as well as other counties in Virginia. Nevertheless, law enforcement agencies abide by the Library of Virginia Retention and Disposition Schedule in line with the Virginia Code. Per this schedule, adult arrests may be erased 100 years after the birth of a record subject or one year after a record subject dies. Arrest records created for juveniles may be eligible for removal once a record subject turns age 23.

Expunge Fauquier County Arrest Records

Offenders in Fauquier County can petition a court to expunge their arrest records. Upon expunction, all affected records are removed from public access, and the associated charges, sentences, and litigations (where applicable) are treated as though they never happened. Moreover, record subjects may deny such arrests and not be guilty of perjury. However, one must meet conditions set forth by Virginia expungement laws.

Per Virginia Code § 19.2-392.2, the following eligibility criteria must be met before an expungement petition can be filed:

• The arrested individual was not charged
• The pressed charges were dismissed in court
• The associated criminal convictions were reversed and the charges were dropped on appeal
• The arrestee must have completed a diversion program to have their charge dropped
• The arrest was a result of mistaken identity.

To begin the expungement process, complete the petition for expungement and file it with the Fauquier County Circuit Court. The petition must contain:

• The arrest date.
• The arresting agency's name.
• A statement of the involved criminal charges.
• The petitioner's name.
• Date of birth.

If the petitioner is different from the arrestee, the petition must include the arrestee's name. The petitioner shall serve a copy of the petition to the county's prosecuting attorney, who must answer the petition or file an objection within 21 days of receiving the petition.

Furthermore, the petitioner shall submit a copy of the petition to the County Sheriff's Office (or other applicable law enforcement agency), where they shall also obtain a complete set of their fingerprints. The law enforcement agency shall then submit a copy of the petitioner's fingerprint card alongside the expungement petition to the Central Criminal Records Exchange (CCRE). The CCRE shall then forward the following under seal to the court:

• The petitioner's fingerprints.
• A copy of the source documents linked to the CCRE entry to be expunged.
• A copy of the petitioner's criminal history.

After that, an expungement hearing may or may not be held. This typically leads to the issuance of an expungement order or an order denying the petition.

Fauquier County Arrest Warrants

The issuance of Fauquier County arrest warrants falls within the jurisdiction of the county's circuit court. Arrest warrants are typically issued for either of two reasons: either the individual named on the warrant is suspected of committing a criminal offense, and the court has sufficient evidence to establish probable cause, or they defied a court order or summons. Arrest warrants issued for the latter are otherwise known as bench warrants.

The Code of Virginia, Title 19.2, Chapter 7, governs the issuance and execution of arrest warrants. Under this code, arrest warrants can be executed at any time and location within the state and must set forth the following:

• Name of the arrestee
• Physical characteristics of arrestee – such as gender, height, and race
• The name and signature of the issuing authority
• The name of the arresting officer and agency
• Bond amount if applicable
• Description of charges
• Arrest clause.

Although arrest warrants are not displayed online, interested parties may view a list of wanted persons via the county sheriff's website. Information available on this website includes the suspect's name, charges, the concerned law enforcement agency, the crime classification, and the suspect's address. The Warrant/Fugitive Unit of the sheriff's office is responsible for managing all warrant-related apprehension and tracking.

Do Fauquier County Arrest Warrants Expire?

No. A Fauquier County arrest warrant remains active until law enforcement apprehends the person named on the warrant, the warrant's subject dies, or the court has reason to recall or quash the warrant. Furthermore, a warrant may be recalled if the charges leading to its insurance were dropped or issued due to mistaken identity. Active arrest warrants remain active indefinitely and may be executed at any time or place.