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Henrico County Arrest Records
Arrest records in Henrico County are official documents detailing instances where law enforcement authorities have taken individuals into custody. Per Virginia Code § 19.2-72-73, arrests typically occur when individuals are suspected of committing crimes and must be detained for further investigation or prosecution. After an arrest, with or without a warrant, the individual undergoes booking and processing whose product is the arrest records.
The booking and processing typically involves recording and documenting the individual's personal and arrest details. Some of these may include
- Arrestee's name, gender, and personal identifiers.
- Mugshots and fingerprints of the arrestee
- Arrest details such as place of arrest, date and time
- Charges to which the individual is arrested.
- Bail/bond information, if applicable
- Law enforcement is in charge of the arrest.
In Henrico County, arrested persons are typically held at the Henrico County Jail, which is operated by the Henrico County Sheriff's Office. This facility houses individuals awaiting trial and those serving sentences for misdemeanors. Arrest records generated by the arresting agency, such as the Henrico County Sheriff's Department, serve as essential components of law enforcement and judicial processes.
Arrest records are closely tied to other Henrico County Court Records as they are often used as evidence in criminal proceedings and are maintained as part of a person's criminal history. These records may also be found in broader public records such as the Virginia State Police and the Virginia Department of Corrections.
Are Arrest Records Public in Henrico County?
Under Virginia Freedom of Information Act(FOIA) laws, Henrico County arrest records are considered public records. However, some portions of the arrest record may be exempt from disclosure. Information such as the name of the arrested person, the date, and the charges are usually accessible, while sensitive details like the identities of minors, victims, or ongoing investigations are usually withheld. Accessibility for arrest records varies. Generally, only authorized persons or agencies may request non-public information, such as sealed or expunged records (Virginia Code §2.2-3700 et seq).
What Do Public Arrest Records Contain?
Public arrest records in Henrico County contain essential information about the arrest and arrest person, including:
- Arrested individual's name and aliases
- The arrest date, time, and location
- The charges filed against the individual
- Arresting officer's details
- Bail or bond information
- Mugshot and fingerprints, if applicable
Henrico County Arrest Statistics
In 2023, Virginia had a total of 60,000 incarcerated persons, with an incarceration rate of 679 per 100,000 persons. Of all these 60,000, 24,000 are in local jails, while 30,000 are in state prisons. Four thousand six hundred are in Federal Prisons. Youth and involuntary commitment take up 920 and 810, respectively.
Find Henrico County Arrest Records
Arrest records in Henrico County can be found in state and federal resources.
- The Virginia State Police provides access to arrest records via their Criminal Record Exchange (CRE), which allows for background checks.
- Additionally, the Virginia Department of Corrections offers inmate lookup services for individuals currently incarcerated or recently released.
- The FBI UCR program is another resource through which these records can be accessed.
Free Arrest Record Search in Henrico County
Residents and interested persons can search for Henrico County arrest records using fewer resources available on the Henrico County sheriff's office websites. There is also the option of using third-party websites to access arrest information for free.
Henrico County Arrest Records Vs. Criminal Records
Arrest records and criminal records are often confused but serve different purposes. An arrest record indicates that a person has been taken into custody but does not necessarily mean the person was convicted of a crime. In contrast, a Criminal record includes a comprehensive history of a person's criminal convictions, encompassing arrests, charges, court proceedings, and sentencing information. Both records may be used for background checks and legal processes in Henrico County.
How Long Do Arrests Stay on Your Record?
In Virginia, including Henrico County, arrests can remain on a person's record indefinitely unless they are expunged or sealed by court order. Even if an arrest does not lead to a conviction, it may still appear on a background check unless removed. The processes of expungement are outlined in Virginia Code §19.2-392.2.
Expunge Henrico County Arrest Records
Expungement allows for the removal of arrest information from public records, making it inaccessible to most background checks. In Virginia, individuals may request to have their arrest records expunged if the charges were dismissed, they were acquitted, or if there was a case of mistaken identity. The process involves filing a petition with the Henrico Circuit Court and providing evidence of eligibility. Under Virginia Code § 19.2.392.2, the following provisions were made for Expungement.
Eligibility for expungement in Howard County is strict as the law provides for a limited number of expungement eligibility. Individuals may apply for expungement if:
- If the individual was not found guilty of the charges
- If the charge was dismissed or dropped, or if the prosecutor decided not to pursue the case.
- If the person was wrongly arrested or charged due to mistaken identity
- If an individual was convicted but later received an absolute pardon
In Virginia, convictions cannot be expunged except in rare cases involving Pardons, as stated above. This applies even if the person has completed their sentence and probation successfully.
For a record to be expunged, the following processes suffice:
- The petitioner must complete and file for expungement with the Henrico County Circuit Court with personal information details about the arrest or charge and statutory grounds for expungement.
- The petitioner must submit fingerprints through the Virginia State Police for identity verification and to check for other criminal records.
- The petitioner must send a copy of the petition to the Henrico County Commonwealth's attorney, who has the right to oppose the petition if they believe expungement would not be in the public interest.
- If the Commonwealth's attorney opposes the expungement, a court hearing may be required. The judge will renew the petition and hear arguments from both sides before making a decision.
- If the petitioner demonstrates that expungement is in the best interests, the court may grant the expungement.
- If the court approves the petition, an expungement order will be issued directing law enforcement and relevant agencies to seal the records, making them inaccessible to the public but accessible to certain law enforcement in limited circumstances.
- Once granted, the record is sealed, and public access is restricted.
Henrico County Arrest Warrants
Per Virginia Code §19.2-72 -73, an arrest warrant is a legal document issued by a judge or magistrate in Henrico County authorizing law enforcement to take a person into custody. Arrest warrants are generally issued when there is probable cause to believe that an individual has committed a crime arrest warrants contain certain information as follows:
- The name of a person to be arrested
- The alleged crime
- The signature of the issuing authority
- Instructions for law enforcement on how to carry out the arrest.
Arrest warrants are also issued if an individual fails to appear in court or following investigations.
Do Henrico County Arrest Warrants Expire?
Arrest warrants in Henrico County generally do not expire. Once issued, they remain valid until the person named in the warrant is arrested or the warrant is resolved through legal action. However, changes in the statute of limitations or dismissal of charges can impact a warrant's enforceability.