Halifax County Arrest Records

Under Virginia Code §§ 19.2-72 and 19.2-81, law enforcement in Halifax County may make arrests under the following circumstances:

• A judicial officer issues an arrest warrant.
• A crime is committed in the presence of the officer.
• The officer has probable cause to believe that a felony has been committed.

Individuals arrested in Halifax County are generally held at the Halifax County Adult Detention Center, located at 1010 Blue Ridge Lane, Halifax, VA 24558.

The Halifax County Sheriff's Office and local police departments primarily generate arrest records in the County. These records form the initial documentation in the criminal justice process and become part of the Halifax County Court Records if the Halifax Commonwealth's Attorney pursues formal charges with the Circuit Court. An arrest record alone does not imply guilt; guilt or innocence is determined through court proceedings.

Are Arrest Records Public in Halifax County?

Yes. Arrest records are public in Halifax County. According to the Code of Virginia § 2.2-3706, law enforcement agencies are required to provide arrest records to the public upon request.

However, per this code, some information is prohibited or may be made available to specific eligible persons. These kinds of records include, among other things, reports that are submitted in confidence, criminal investigation files, and documents that disclose tactical strategies. Furthermore, the identities of undercover agents, witnesses, and anyone who provides information under oath are shielded from public view.

What Do Public Arrest Records Contain?

The information typically featured in Halifax County arrest records includes:

• Full Name of the Arrestee.
• Date of Birth of the Arrestee.
• The law enforcement agency that made the arrest.
• Charges: An explanation of the alleged offenses for which the individual was taken into custody.
• Booking Information: Specifics concerning the reservation procedure, including the location and booking number.
• Mugshot: A photograph of the arrestee taken at the moment of booking.

Halifax County Arrest Statistics

The Data Analysis and Reporting Team (DART) database of Virginia State Police includes analyzed arrest statistics from participating law enforcement agencies throughout Virginia. According to the latest statistics provided on their website, 1023 arrests were made in Halifax County in 2023. Of these, the highest arrest category is "Simple Assault," at 10.8% (111 arrests). This is followed by "Driving Under the Influence" at 10.3% (106 arrests) and "Disorderly Conduct" at 8.2% (84 arrests).

Among the law enforcement agencies in Halifax County, the Halifax County Sheriff's Office made 559 arrests, which comprised 54.6% of the total arrests in the County. The South Boston Police Department recorded 374 arrests (36.5% of the total arrests in the County). The State Police reported 83 arrests (8.1% of the total county arrests), while the Halifax Police Department documented 7 arrests (0.6%).

Find Halifax County Arrest Records

Arrest records are an integral part of criminal records. Therefore, arrest records are accessible through the Virginia State Police, which serves as the central custodian of criminal records and offers statewide criminal history record checks.

Individuals may access arrest records by completing an SP-167 request form for criminal records. After completing the form, the requester should prepare a $15 money order or certified check payable to the Virginia State Police. The completed SP-167 form and the payment must be enclosed in a self-addressed stamped envelope. This sealed envelope should then be mailed to:

Virginia State Police
Civil & Applicants Records Exchange
P.O. Box 85076
Richmond, VA 23285
(804) 674-2131

The Virginia State Police typically takes fifteen (15) days to process a request for criminal records. The agency does not offer expedited services, so requesters should mail their requests promptly.

Free Arrest Record Search in Halifax County

The Halifax County Detention Centre provides free access to arrest records made within the County through the Jail Tracker portal. Interested persons may search for current and released inmates on this portal using parameters such as first and last names.

How Long Do Arrests Stay on Your Record?

Arrest details stay indefinitely on the subject's record in Halifax County. However, the Library of Virginia Retention and Disposition Schedule, as provided for in the Virginia Code, moderates the time for the destruction of arrest records. According to this schedule, arrest records may be automatically destroyed when the subject turns 100 years or 12 months after the subject dies.

Expunge Halifax County Arrest Records

Per Virginia Code § 19.2-392.1, only arrested persons who have been acquitted of a crime or whose charges have been dismissed can file a petition to expunge their arrest records. The petitioner is expected to file a Petition for Expungement Form with the Circuit Court, where the case was heard.

To initiate the expungement process, eligible persons must submit a Petition for Expungement Form to the Halifax County Circuit. The petitioner should also send a copy of the petition to the Halifax Commonwealth Attorney's Office, which is required to respond to the petition within 21 days after the service. A copy of the petition and a complete set of fingerprints should also be given to the Central Criminal Records Exchange (CCRE) of the Virginia State Police. Upon receipt of these documents, the CCRE will send a copy of the arrest record and the petitioner's criminal history to the court.

A hearing will be held after the CCRE provides the court with information on the criminal history record. The petition may be denied or granted by the court. If the court grants the expungement petition, an order will be entered. The court clerk will send a copy of the expungement order to the Department of State Police upon its entry, and they will provide guidance on how the expungement will be handled.

Halifax County Arrest Warrants

In Halifax County, an arrest warrant is a legal document issued by an authorized officer that directs law enforcement to arrest a specific individual. Per Virginia Code § 19.2-72, securing a warrant begins with a complaint of a criminal offense made to a judicial officer authorized to issue criminal warrants. This officer then examines, under oath, the complainant and any other witnesses. A written complaint is required if the complainant is not a law enforcement officer. A written complaint is also required for a felony offense, regardless of whether the complainant is a law enforcement officer. If no arrest warrant is issued in response to a written complaint, the written complaint shall be returned to the complainant.

If, after examination, the judicial officer finds probable cause to believe the accused committed an offense, the judicial officer issues a warrant for their arrest. It is important to note that a magistrate will not issue an arrest warrant for a felony offense based on a citizen's complaint unless there is prior authorization by the Commonwealth's Attorney or a law-enforcement agency with adequate jurisdiction.

Virginia Code § 19.2-72 specifies the required content of an arrest warrant as follows:

• Information about the arresting law enforcement agent
• Name of the accused or, if their name is unknown, a description by which they can be identified with reasonable certainty.
• Description of the offense charged with reasonable certainty.
• Command that the accused be arrested and brought before a court of appropriate jurisdiction in the County, city, or town where the offense was allegedly committed.
• Signature of the issuing officer.

Do Halifax County Arrest Warrants Expire?

Halifax County arrest warrants never expire. However, according to § 19.2-76.1, law enforcement agencies must submit quarterly reports of some unexecuted warrants to the Halifax Commonwealth Attorney's Office for the office to petition the court for their destruction. These types of warrants include:

• Unexecuted felony arrest warrants older than seven years from their issuance date
• Unexecuted misdemeanor arrest warrants older than three years from their issuance date
• Unexecuted misdemeanor arrest warrants for deceased individuals, those issued due to mistaken identity, or those resulting from technical or legal errors.