New Kent County Arrest Records

New Kent arrest records are created when police agencies take individuals into custody. These arrests are usually executed following the issuance of arrest warrants, after an indictment is filed in a local court, or when police officers apprehend suspects after witnessing alleged crimes. A person’s arrest information can be part of New Kent County court records if the Commonwealth’s Attorney files charges in a local court.

People often seek arrest records to locate loved ones, review alleged offenses, discover bail conditions, run background checks, and access community crime data. Attorneys and law enforcement may request arrest information to prepare court cases and conduct investigations. In some cases, former arrestees may need access to their arrest histories when submitting expungement petitions.

To obtain an arrest record, a searcher can approach the arresting law enforcement agency, jail administrator, local court, or state police.

Are Arrest Records Public in New Kent County?

Yes, Arrest records generated in New Kent County are considered public records pursuant to the Virginia Freedom of Information Act (FOIA). The act commands public bodies, such as criminal justice agencies, to disclose information generated during official affairs to requesters. However, not every arrest information can be revealed to the public. For example, the open records act prevents the disclosure of information contained in active police investigations. Social security numbers, juvenile arrest information, and details about confidential informants are also restricted.

What Do Public Arrest Records Contain?

Law enforcement, courts, and state agencies can provide the following details of arrest:

• Personal information: The full name, aliases, date of birth, hair and eye color, weight, height, photograph, and last known address of the arrested person
• Detention: Booking number, booking date and time, detention facility where the arrestee is being held, and ID numbers (inmate ID).
• Arrest details: The person's alleged offenses, name of arresting officer and arresting agency, date and time of arrest, and arrest location
• Release details: Release conditions (bail and bond) and release date
• Court information: Warrants, indictments, summonses, and court appearance dates

New Kent County Arrest Statistics

According to the Virginia State Police's National Incident-Based Reporting System (NIBRS), law enforcement made 748 arrests in New Kent in 2023. 14 of these arrests were related to aggravated assault, 57 were in response to simple assault, and 65 were connected to drug/narcotics violations. One arrest was recorded for murder and non-negligent manslaughter, and 4 apprehensions were made for criminal sexual contact.

Find New Kent County Arrest Records

Arrest information can be obtained through the following offices and departments:

• County Sheriff's Office: The Sheriff's Office is the primary law enforcement agency in the county. Members of the public can contact the agency or use the county’s FOIA request process to obtain arrest records.
• Virginia Department of Corrections: The VADOC is responsible for housing inmates sentenced for committing state crimes. It maintains information related to these sentences, including the offenses for which inmates were convicted, the county of conviction, and sentence duration. One can view limited details through the department's inmate search web application or submit an FOIA request for more detailed information. It should be noted that the VADOC does not maintain records of arrests and charges that did not result in a conviction.
• Court clerks: Arrest records, like bail and bond information, arrest and offense dates, warrants, and summonses, are available through the offices of the clerks of the local circuit and district courts. One can use the Virginia Courts Case Information system to view most of these details online. However, visiting or contacting a clerk's office is required to obtain or review physical copies of case records.
• Federal agencies: Federal bodies, such as the Federal Bureau of Investigation (FBI) and U.S. Marshals, can arrest individuals in New Kent County. The arresting agency and holding facility usually handle records generated from these arrests. The Bureau of Prisons usually holds pretrial detainees. However, federal agencies can also hold defendants in local and state jails. BOP inmates can be located using the Federal Inmate Locator.

Free Arrest Record Search in New Kent County

Individuals can view arrest records for free through the Virginia Court Case Information system or at clerks’ offices.

Additionally, one can access free arrest information through websites operated by independent vendors. These vendors collate and publish arrest information from various law enforcement agencies. However, they are not official sources of these records.

How Long Do Arrests Stay on Your Record?

It depends. Certain eligible arrest records, such as dismissed and nolle prosequi charges, will be automatically expunged after July 1, 2025. Arrestees who were never convicted can also remove their records from public systems through expungement proceedings. However, individuals who have been convicted of serious offenses will have permanent arrest records that appear on background checks.

Expunge New Kent County Arrest Records

The New Kent Circuit Court reviews petitions submitted by eligible applicants to determine whether to expunge arrest records. When the court grants the expungement, criminal justice agencies and courts will remove the petitioner's records from their systems. This removal allows the applicant to access social benefits, such as employment, previously denied due to the arrest records.

For a court to consider an arrest record, one or more of the following conditions must be met:

• Charges filed by prosecutors were dismissed
• A criminal trial was conducted, but the defendant was acquitted (found not guilty)
• Charges were dropped or never filed (nolle prosequi)
• The defendant received an absolute pardon
• The arrest and/or conviction were due to marijuana possession
• The arrest and charges were the result of a mistaken identity

Per V.A. Code § 19.2-392.2, petitioners must include the following in the expungement petition:

• Arrest date
• Name of arresting agency
• Specific civil offense or criminal charge that the petitioner seeks to expunge
• Petitioner's full name (as at the time of arrest)
• Petitioner's date of birth
• Copy of the summons, indictment, or warrant, if available

Individuals are also required to ask the Central Criminal Records Exchange (CCRE) to transmit an electronic copy of their criminal history to the court. If the court is unable to receive records electronically, the CCRE can also forward a physical copy of the petitioner's criminal history to the court. However, the physical copy will be maintained under seal.

In cases where the person has a record due to stolen or mistaken identity, they are required to obtain fingerprints from the Sheriff's office and provide the office with a copy of the petition. The complete set of fingerprints will be used to fetch their criminal history from the CCRE’s database. The CCRE will then send the criminal history to the court.

Once the petition is submitted, the New Kent Commonwealth's Attorney will be served a copy, as the law allows the office to respond within 21 days.

New Kent County Arrest Warrants

When police officers believe that individuals have committed crimes, they usually seek court orders to take these accused persons into custody. These orders are called arrest warrants and are issued by judges upon reviewing probable cause statements submitted by peace officers. However, judges can also issue warrants, called bench warrants, when defendants or case parties fail to obey specific court orders or violate their probation or parole.

A warrant typically identifies the accused person (by name or physical description), outlines the alleged offenses, commands the police officer to take the identified person into custody, and includes the signature of the issuing authority.

Anyone can contact the Sheriff's Office or approach the clerk of the issuing court to confirm whether a warrant has been issued for a person's arrest.

Do New Kent County Arrest Warrants Expire?

No, A New Kent County arrest warrant is active until the defendant is captured by law enforcement and presented before a judge. However, judges can squash or cancel any warrant where the accused person is exonerated.