Fredericksburg County Arrest Records

Individuals arrested in Fredericksburg County are typically booked at the nearest law enforcement facility, and an arrest record is created. Subsequently, the arrest record becomes integral to the Fredericksburg County court records.

The following details are usually included in an arrest record:

• The arrested individual's details
• A description of the charges against them
• Information about a warrant of arrest
• Date of arraignment
• Arrest date
• Arresting agency

Are Arrest Records Public in Fredericksburg County?

Yes, Under Virginia's Freedom of Information Act, arrest records and other criminal records maintained by government agencies are deemed public. The act guarantees citizens can access public records maintained by government agencies or employees. Government affairs are meant to be public, except when statutes, such as sealed or expunged records, specifically exempt them. However, some records are made confidential by legal stipulations. These are exempt from public disclosure.

Fredericksburg County Arrest Statistics

According to a 2023 report, the Fredericksburg Police Department reported 1,307 total arrests that year. This included 410 cases involving violent crimes, burglary, and felony drug charges, 897 cases including petty theft, disorderly conduct, and traffic violations. The figure represents a 6% increase from 1,232 arrests in 2022.

Find Fredericksburg County Arrest Records

Arrest records in Fredericksburg County can be found at different levels. Requesters may begin their search at the county level. The Fredericksburg County Sheriff's Office provides a record search portal. A search can be initiated by using only the arrestee's first and last names. The tool enables users to refine their search by entering additional data parameters, including date of birth, booking date, and release date.

At the state level, the Virginia State Police offers access to arrest records through their Criminal Record Exchange (CRE). Alternatively, record seekers can use the inmate lookup services the Virginia Department of Corrections provides. This shows records of individuals currently in detention or recently released. Finally, the FBI UCR program is a federal resource that allows access to such documents.

Fredericksburg County Arrest Records Vs. Criminal Records

"Arrest records" and "criminal records" are often used interchangeably. However, they refer to two documents serving different purposes within the criminal justice system. In Fredericksburg County, an arrest record shows that an individual was apprehended by law enforcement, but it does not necessarily mean they were guilty or convicted of a crime. On the other hand, a criminal record is a comprehensive history of an individual's criminal convictions. This covers arrests, charges, and sentencing. The primary factor at play is conviction. Criminal records indicate that the individual has been convicted of a crime.

How Long Do Arrests Stay on Your Record?

In Fredericksburg County, upon creation following an arrest, arrest records remain a part of an individual's criminal history record in perpetuity. Even if an inmate is released from custody due to bail or dismissal, the record remains stored in their court case file. The original arrest record is in the custody of the county jail and the arresting agency. Notwithstanding, there is a provision under the law in Virginia under which arrest records may be sealed or expunged. This is the only condition under which the public may not have access to the record.

Fredericksburg County Arrest Warrants

According to Virginia Code sections 19.2-72 -73, an arrest warrant is a legal instrument issued by a judge in Fredericksburg County permitting law enforcement to arrest an individual. Without the warrant, such an action constitutes a violation of the individual's rights under the Fourth Amendment. Before the judge issues a warrant, they ensure that there is probable cause to believe the individual committed the crime.

Information usually contained in an arrest warrant includes:

• The name of the suspect, and any descriptors such as tattoos, ethnicity, or eye color
• The allegations levelled against them
• The name of the issuing judge
• Prescribed location of the arrest

Do Fredericksburg County Arrest Warrants Expire?

Arrest warrants in Fredericksburg County, Virginia, do not expire. They remain enforceable until the individual is arrested or the warrant is cancelled. The suspect or their attorney must file a petition for the warrant to be recalled or canceled. On the other hand, under the Sixth Amendment, failure to execute an arrest warrant within a reasonable period may violate the individual's right to a speedy trial.

Expunge Fredericksburg County Arrest Records

For residents of Fredericksburg County, Virginia, under Virginia Code § 19.2.392.2, there is a provision for relief wherein they may have their arrest information concealed from the public. This allows the subject to live as if the arrest never happened. Individuals may petition the court to have their arrest records expunged if the charges levelled against them were eventually dismissed or if it was a case of mistaken identity. To be eligible for expungement, individuals must meet specific, stringent conditions, as expungement is only available in limited cases.

Some of the conditions for eligibility include:

• If the individual was acquitted at trial
• If the prosecutor decided not to take the case any further, or the charges were dismissed in court.
• If the individual was arrested wrongfully, for instance, in a case of mistaken identity
• If an individual was convicted but subsequently got an absolute pardon

In Virginia, convictions are scarcely expunged. The rare exceptions are cases involving pardons. For a record to be expunged, the petitioner must meet the following conditions:

• The petitioner must submit a petition for expungement, containing details surrounding the arrest and the basis for expungement
• Through the Virginia State Police, they must submit their fingerprints to verify their identity
• The petitioner must copy the county attorney, who may oppose the petition if they believe it would be unjust to do so.
• If the attorney opposes the petition, they may proceed to court for a hearing.
• If the petitioner can prove that the expungement is in the best interest of equitable justice and fairness, the court may agree to expunge the records.

If the court agrees to expunge the records, the judge would issue an order to all relevant agencies and law enforcement to seal them. This would make them inaccessible to the public. However, eligible individuals, such as certain law enforcement agents, may still access the records.