Frederick County Arrest Records

Virginia Law permits law enforcement officers to arrest people with or without warrants based on reasonable cause. After an arrest, the person is taken for arraignment. This is a hearing where the officer brings the arrestee before the General District Court Judge and advises them of their charges. A preliminary hearing date will be set. At the preliminary hearing, the judge will determine if there is reasonable cause to believe the accused has committed a felony. The judge will certify the case to the grand jury if the defendant is found guilty. The Grand Jury will examine all evidence the arresting officer provides to determine if they are sufficient to indict the arrestee. Afterward, they will set a trial for the case in the Frederick County Circuit Court. At the trial, the prosecutor and the defense attorney will argue the case, examine witnesses, and present evidence to prove the defendant's guilt or innocence. The defendant will be sentenced to the county jail if found guilty. If found innocent, they will be released.

The Frederick County Sheriff's Office requires all arresting officers to record all information pertaining to an arrest. This information is available to the public both online and in person. In addition to conducting an arrest record search, the public can access arrest information through other types of searches, such as Frederick County court records and records maintained by local law enforcement agencies.

Are Arrest Records Public in Frederick County?

Yes. The Virginia Public Records Act authorizes the public disclosure of arrest records to members of the Commonwealth. Records like adult arrestee photographs and identifying information maintained by Frederick County law enforcement agencies are open for inspection and copying. However, these agencies sometimes restrict access to arrest records that are deemed confidential. Per Virginia Code § 2.2-3706, the following arrest information is not available for public perusal:

• Juvenile arrest records
• Sex offenders' arrest records
• Arrest records containing identifying information of victims or witnesses
• Criminal investigative records include photographs, complaints, notes, memoranda, witness statements, diagrams, correspondence, maps, reports, court orders, and evidence.

What Do Public Arrest Records Contain?

The Frederick County Sheriff's Office publishes an arrest report on its website and makes the following arrest information available to the public:

• Charge
• Case number
• Arrest date and time
• Arrest location
• The arrestee's sex and age
• The full name and street address of the person arrested

Frederick County Arrest Statistics

The Frederick County Sheriff's Office recorded about 3,322 arrests of criminal violators in 2023. Group A arrests totaled 590 that same year, while Group B offenses report/arrests totaled 1,031. Most of the arrestees were brought into custody for crimes like DDV, drug/narcotic violations, larceny, shoplifting, and burglary.

Find Frederick County Arrest Records

The Virginia Department of Corrections (VADOC) provides statewide arrest information about inmates in their facilities to members of the public. It has an Inmate Locator where users can find arrest records using a name or inmate I.D. number. Additional search criteria can be entered to refine the search. Record seekers can also visit any VADOC's facilities during business hours to obtain copies of arrest records.

Copies of Frederick County arrest records can also be retrieved from federal law enforcement agencies. Individuals can visit their offices in person during business hours to submit a request. Typically, copies of any record provided by a public agency in Virginia attract a fee. Some agencies provide arrest records to the subject of records only with charges. For example, the Federal Bureau of Investigation (FBI) issues criminal records, including arrest information online, by mail, or through approved channelers to record holders. The fee for this service is $18, payable by money order, credit card using the Credit Card Payment Form, or certified check. Those who want to submit their request by mail must send a completed Applicant Information Form with the appropriate fees to:

FBI CJIS Division – Summary Request
1000 Custer Hollow Road
Clarksburg, WV 26306

Individuals who cannot pay record fees can use online databases available on most federal law enforcement agencies' websites to conduct arrest record searches without charges. For example:

• The Federal Bureau of Prisons (BOP) has an Inmate Locator where individuals can access arrest information for free. The search criteria are number or name.
• The United States Capitol Police (USCP) provides arrest summary reports to the public online. Users can search using a CFN number, crime date, crime summary, or crime type.
• The U.S. Immigration and Customs Enforcement (ICE) office makes arrest information available through its Online Detainee Locator System. Access is granted when an A-Number or biographical information is provided in the appropriate search box.

Free Arrest Record Search in Frederick County

Individuals can find free arrest information on the Frederick County Sheriff's Office website. Click Arrest Report on the left navigation pane to view arrest records of all individuals arrested in the year. Record seekers can also visit the office in person during business hours to view arrest records for free on the computer. Note that the record staff will charge a fee to make a copy of any record.

Alternatively, interested persons can access arrest records on third-party websites for a fee. However, some sites provide limited arrest information for free without an opportunity to download reports or conduct extensive searches.

How Long Do Arrests Stay on Your Record?

All arrest information maintained by the Frederick County Sheriff's Office remains on record forever and is publicly available. However, the subject of the record can restrict access to the record through expungement. The handling of Frederick County arrest records is governed by some record retention schedule in compliance with Virginia Code Sections and the Library of Virginia Retention and Disposition Schedule. Members of the Commonwealth can use the following retention schedule below to know how long some arrest records last:

• Unexecuted arrest warrants are not recorded.
• Arrest books and logs are retained for five(5) years after the last action
• A juvenile's arrest files will remain on record after 23 years from the birth date
• An adult's arrest files will stay on record after 100 years from the birth date
• Records of properties confiscated during arrests stay on record for three (3) years after last action
• An arrested person's personal property inventory will be kept for three (3) years after the creation date
• An adult person's arrest file whose death has been reported to a Frederick County law enforcement agency would be removed a year after notification

Expunge Frederick County Arrest Records

Expungement restricts access to arrest records in the custody of Frederick County law enforcement agencies. According to Virginia Code § 19.2-392.1, expungement protects citizens from unwarranted damage that may occur due to previous arrests and convictions. The Virginia Code § 19.2-392.2 highlights that only individuals acquitted of a crime or whose charges are dismissed can have their arrest records expunged in Frederick County. Eligible individuals can file a Petition for Expungement Form with the Frederick County Circuit Court.

The petition will be served on the Frederick County prosecuting attorney, and a response is expected within 21 days of the service. The petitioner must take a copy of the petition to the Frederick County Sheriff's Office to obtain a complete set of fingerprints. The Sheriff's Office will submit the set of fingerprints with a copy of the petition to the Central Criminal Records Exchange (CCRE). The CCRE will forward the petitioner's criminal history and fingerprints to the court. Afterward, the court will conduct a hearing. If the petitioner's record is found eligible for expungement, the court will enter an expungement order. The court will return the fingerprint card to the petitioner after the hearing. After the expungement is granted, the Clerk of the Circuit Court will forward a copy of the expungement order to the Virginia State Police (VSP), which would direct how the expungement would be handled.

Frederick County Arrest Warrants

Per Virginia Code § 19.2-71, arrest warrants can be issued by a judge, Clerk of court, any general district court, or magistrate. Magistrates in Frederick County will only issue arrest warrants for felony offenses when a law enforcement officer files a complaint. An arrest warrant is usually directed to an appropriate law enforcement officer(s). It contains the following information:

• The name of the accused. If unknown, an identifying description of the person should be provided.
• Specific details of the offense committed by the person
• A command that the accused be arrested and brought before a Frederick County court.
• The signature of the judge

Per Virginia Code § 19.2-76, a law enforcement officer can execute an arrest warrant issued anywhere in the Commonwealth within its jurisdiction. The officer must endorse the execution date on the warrant and then return it to a judicial officer.

Do Frederick County Arrest Warrants Expire?

Arrest warrants remain active until the accused dies unless the judge recalls or quashes them. This is why individuals must make it a priority to clear all outstanding warrants issued in their names as soon as possible.