Franklin County Arrest Records

Franklin County arrest records capture incidents when someone entered a local police agency's custody because of a criminal offense. An individual can become the subject of an arrest in Franklin if they have an outstanding warrant. An arrest can also take place after a police investigation or when a person is caught at a crime scene.

Individuals apprehended and detained within Franklin County typically undergo a booking process at the station or Franklin County Jail, during which their biodata, fingerprints, offense(s), and other pertinent information are entered into a criminal database. The arrest record originates from these booking procedures, and the arresting department maintains it and utilizes it for various criminal justice processes.

Arrest records play a pivotal role in charging a suspect: prosecutorial offices review the records when deciding whether to pursue formal charges or release a person. The records are also useful for determining where a suspected offender is being held and their alleged offense. When attempting to find out the final result of a case, arrest records can also be reviewed alongside the Franklin County court records.

Are Arrest Records Public in Franklin County?

Yes. Under Virginia's Freedom of Information Act (FOIA), codified in Va. Code Ann. § 2.2-3700 et seq., members of the public can read or copy arrest information maintained by law enforcement bodies in Franklin County. The FOIA, however, imparts this access with some exemptions. Where an arrest record is deemed exempt by law, no one can access it unless they are statutorily recognized entities or possess a court order directing dissemination.

Section 2.2-3706 of the Virginia FOIA outlines exemptions to law enforcement disclosures, which include:

• Sealed or expunged arrest records
• Juvenile arrest information
• Records whose exposure would compromise the safety or security of law-enforcement personnel or the general public
• Identifying witness or victim information
• Records relating to an ongoing criminal investigation or proceeding (Va. Code Ann. § 2.2-3706.1)

What Do Public Arrest Records Contain?

Public arrest records in Franklin County, Virginia, usually contain the following details:

• Offender Information: The arrestee's name, age, and last known address.
• Charge Information: The specific offense committed and the relevant code of law violated
• Arrest Information: The arrest date, time, and location, as well as the arresting agency.
• Booking Information: The booking time, number, date, and photograph
• Bond Information: Bond amount and type

Franklin County Arrest Statistics

Statistics published by the Virginia State Police's (VSP) Data Analysis and Reporting Team (DART) reveal 2,191 arrests to have occurred in Franklin County in 2023. Of that figure, 1,180 were categorized as Group B arrests, and the rest (1,011) as Group A arrests.

Among the Group A offenses, which are considered more severe, 229 were deemed Crimes Against Persons, 384 were classified as Crimes Against Property, and 398 were Crimes Against Society. Simple assault caused more arrests in the Crimes Against Persons category, with 179 incidents recorded. Shoplifting was the topmost reason for arrest within the Crimes Against Property group, accounting for 244 incidents. Meanwhile, drug/narcotic violations topped the list in the Crimes Against Society category, with 362 arrests.

On the other hand, driving under the influence (DUI) offenses induced more arrests among the reported Group B offenses, accounting for 114 arrests in the same year.

Find Franklin County Arrest Records

When searching for an arrest record in Franklin County, an individual can make the arresting police agency their first point of call. Local police agencies maintain records on arrests made by their officers and can provide certain details to members of the public under the Virginia FOIA. A person's name and the arrest date may be required to furnish related records to the requester.

Suppose an individual was arrested by a local or state authority and detained in Franklin County. In that case, the inquirer can contact the Franklin County Sheriff's Office, which runs the local jail facility, for related booking and custody information.

However, if an arrested person is sentenced to federal or state prison, local law enforcement cannot provide information about them. In such instances, parties are advised to contact the appropriate authorities. If looking for a state prisoner, the researcher can access the Inmate Locator provided by the Virginia Department of Corrections (VA DOC). Meanwhile, a federal prisoner can be located through the Federal Bureau of Prisons (BOP) by accessing the Federal Inmate Locator or submitting a FOIA request. Both systems are available free of charge and require an inmate's name or ID number to return matches.

Free Arrest Record Search in Franklin County

An individual who wishes to conduct a free arrest record search in Franklin County may submit a FOIA request to the agency that performed the arrest. Charges may not apply if the requester only wishes to hear the results or inspect a record. However, if the agency makes copies to fulfill an order, the requester will be charged a reasonable amount to cover labor and processing.

Third-party websites are also good alternatives for people seeking a free arrest record search in Franklin. An advantage of utilizing a third-party site for these investigations is that other criminal history records tied to the subject may be uncovered. However, many websites require payment to reveal extensive information.

How Long Do Arrests Stay on Your Record?

Indefinitely. Any record of arrest added to a person's criminal history in Franklin County remains there permanently until the record is expunged by the court or through the application of law. However, the option to expunge an arrest record in Franklin is restricted to statutorily designated defendants, as discussed below.

Expunge Franklin County Arrest Records

Virginia's expungement laws are codified in Title 19.2, Chapter 23.1 of the Virginia Code. It is under these statutes that eligible defendants in Franklin County may ask a court to expunge their arrest records. The effect of an expungement order is that a person's police and court records will be restricted from the public view. The expungement, however, does not imply the physical or permanent destruction of such records. The records will still be accessible upon a court order.

The following circumstances render an individual eligible to have their arrest record expunged in Franklin County:

• Their name was used erroneously or without consent.
• They were acquitted.
• They received an absolute pardon because of an unjust conviction.
• The charges were dismissed or nolle prossed (i.e., the prosecutor opted not to pursue the case).

Parties whose cases resulted in an acquittal or dismissal may file Form CC-1473 (Petition for Expungement) in the Franklin County Circuit Court. The Virginia judiciary provides an Expungement Instructions document to aid prospective petitioners in the court process.

Generally, an applicant will need to follow these steps:

• Fill out and submit Form CC-1473 to the circuit court and pay the court's filing fee.
• Obtain fingerprints from a police department. A copy of the petition must also be submitted to the fingerprinting agency. The police department will send the applicant's expungement petition and set of fingerprints to the Central Criminal Records Exchange (CCRE). This action enables the CCRE to forward to the court a sealed copy of the petitioner's criminal history, fingerprint card, and a copy of the source documents that led to the CCRE entry. These will be used to decide on the expungement.
• Serve a copy of the petition on the Commonwealth attorney of the city or county in which the petition was filed. This allows the attorney to file an objection or inform the court of no objection within 21 days after service.

The circuit court may hold a hearing or enter the expungement order without one. If the court schedules a hearing, the petitioner's presence may be required to determine the expungement.

Note that if the expungement is sought because of an absolute pardon, the petitioner should submit a copy of the pardon to the court to receive the expungement order. Also, if the arrest record exists because of a case of mistaken identity, the petition should be filed in the court that presided over the matter. This court may not necessarily be the circuit court.

Finally, while expungements in Franklin County are currently only petition-based, certain parties may qualify for automatic expungement come July 2025.

Franklin County Arrest Warrants

Title 19.2, Chapter 7 of the Virginia Code directs the issuance of arrest warrants in Franklin County. Under these statutes, judges, magistrates, or clerks can release arrest warrants due to a violation of the law. These warrants ensure that persons suspected of crimes can be brought to the justice system to answer for their offenses.

Many arrest warrants in Franklin are issued by the court upon a law enforcement officer's request. In these situations, an officer submits a complaint or affidavit establishing probable cause (a reasonable basis) for an individual's arrest. However, courts can also issue certain arrest warrants ("bench warrants") at their discretion when a defendant fails to obey a court directive, like attending a court hearing or trial.

Arrest warrants in Franklin typically state who must be arrested and why, as well as the city/county of issue, the issuing court and date, and the issuing magistrate/clerk/judge's signature. These writs also command the executing officer to bring the accused offender to court.

Do Franklin County Arrest Warrants Expire?

No. Any warrant of arrest issued in Franklin County remains valid until execution or service. For an arrest warrant to be deemed "executed" or "served," the defendant (the person named in the writ) must have been arrested and brought before the issuing or nearest court.