Rockingham County Arrest Records

According to Virginia Statutes, an arrest is conducted when someone is apprehended by law enforcement following their alleged involvement in criminal activity. An arrest occurs when a warrant is issued for a person's arrest and, more often, in some instances, when law enforcement personnel arrest without a warrant as per § 19.2-81 of the Code of Virginia. Arrests can only take place without a warrant if the crime is committed in the presence of law enforcement or the crime reported is a felony.

Rockingham County arrest records are a direct result of an arrest. They document the arrest process and contain details about the individual's offense. Arrest records form an essential part of law enforcement records, known as criminal history records, and also a necessary part of judicial records, such as Rockingham County court records.

Are Arrest Records Public in Rockingham County?

Yes. Arrest records are public in Rockingham County per the Virginia Freedom of Information Act. The Act permits the dissemination of arrest records to interested members of the public who request them. The disclosure of law enforcement documents, including arrest records, is also allowed by Virginia Code § 2.2-3706. These records specify records that can be released to members of the public and provide a way for interested persons to request arrest records from law enforcement. The state legislature exempts several types of arrest records from public disclosure. If they qualify, people can also get a court order prohibiting the public from seeing particular arrest records. Some arrest records that are exempt from public disclosure include:

• Any arrest records in an ongoing investigation that include specifics on sensitive information or undercover activities.
• Records of arrests demonstrating victims of crimes against kids
• records of juvenile arrests
• Arrest records that have been made confidential by a court order
• Arrest records that contain sensitive personnel or citizen information

What Do Public Arrest Records Contain?

A public Rockingham County arrest records will usually feature the following information:

• The full name of the arrestee
• A description of the arrested individual
• The suspect gender, race, and nationality
• The suspect's last known address
• The time and date of the arrest
• The name of the arresting agency
• The current holding facility where the suspect is housed
• Charges against the suspect
• Next court appearance date
• Bail information

Rockingham County Arrest Statistics

According to information obtained from the Data Analysis and Reporting Team (DART) of the Virginia State Police, 1,747 arrests were made in Rockingham County in 2022. The Rockingham County Sheriff's Office arrested 1,619 people, 1,561 of them adults and 58 minors. In all, 128 people were arrested by Virginia state police in Rockingham County: 124 were adults, 3 were minors, and a few others were of undetermined age.

The majority of arrests made that year were for traffic-related offenses (642), making up 39% of the total arrests made for the year. The second most arrests were made for destruction of property/vandalism(112), contributing to just 7% of the arrests. The least number of arrests were for murder and manslaughter, with only 3 and 1 arrests made, respectively.

Find Rockingham County Arrest Records

Interested members of the public may find Rockingham County arrest records by making a Freedom of Information Act (FOIA) request to the records divisions of any law enforcement agency in the county. Requests for arrest records can be made to the police department or county sheriff's records divisions via phone, fax, email, U.S. Mail, or in person.

Practically speaking, it could be beneficial for the requestor to submit each request for arrest records in writing to the recipient. This enables office staff to compile a history of requests sent to the department. It also gives law enforcement a clear description of what information the requestor needs in the arrest records, preventing misunderstandings caused by a verbal request. Persons who visit the police department to request person can also receive the records digitally, through email, or on a computer drive to obtain a hard copy of those documents. For example, persons can make a written request to the Harrisonburg county police department in Rockingham County and send it by mail to:

Custodian of Records

Harrisonburg Police Department
101 N. Main St
Harrisonburg, VA 22802

Requesters of arrest records must supply the following details to obtain documents, regardless of how the request is submitted.

• The name of the arrested individual
• The date of birth of the arrested person
• The cause of the arrest
• The date and time of the arrest

Individuals can also find criminal arrest records online through the Rockingham County clerk. Persons who are arrested and held for more than 24 hours are transferred to the Rockingham County Regional Jail. Anyone can find out information about those detained by contacting the county sheriff's office in charge of the jail and other correctional facilities. The phone number for the sheriff's correctional division is (540) 564-3850.

Free Arrest Record Search in Rockingham County

While possible, the available options for performing a free arrest record search in Rockingham County are limited. To save expenses for the requestor, the county may employ the lowest-paid employee who can retrieve and review the requested information. Depending on how long it takes to reply to a request, the law enforcement officer in charge of the search has the authority to waive these costs whenever feasible, albeit this rarely happens.

A free arrest record search may also be done through third-party websites. Most third-party databases allow requestors to query for arrest records using the person's name on the record. Searches can also be filtered using the arresting agency's name and the arrest date and time. However, most third-party sites will only provide complete information to paying users.

How Long Do Arrests Stay on Your Record?

An arrest record will remain on a person's criminal record file for more than 100 years, regardless of whether the arrest was a misdemeanor or a felony. Certain arrest records are erased from court dockets after 10 years but will remain on records with the arresting agency and state police indefinitely. The only way to legally remove an arrest record from public access is to have it sealed or expunged.

Expunge Rockingham County Arrest Records

The procedure known as expungement allows police records, court records of an arrest, and charges against a person to be hidden from public view.

Per Chapter 23.1 of the Virginia Code, the only persons who are eligible to expunge Rockingham County arrest records are:

• Persons who have received absolute pardons for crimes committed.
• Persons who have been acquitted of crimes they are charged with.
• Suspects who have had their cases dismissed.
• Any individual whose name or other identification has been used by someone else accused or arrested using that name or identification without that person's knowledge or permission.
• Individuals charged with civil actions such as contempt of court or assault have been found not guilty or dismissed the case as per § 19.2-151 of the code of Virginia.

Eligible persons can apply for expungement by following these steps:

• Applicants should first obtain a copy of the arrest records and sets of fingerprints from the law enforcement office in Rockingham County that made the arrest.
• Complete the expungement form, file a petition for expungement at the Rockingham County Circuit Court, and send the Virginia State Police two copies. The petition needs to state the precise criminal accusation or civil crime that must be dropped, the arrest date and the arresting agency's name, the petitioner's birthdate, and the entire name used at the time of the arrest.
• The law enforcement agency will send a copy of the expungement petition and fingerprints to the Central Criminal Records Exchange. The Court will then receive the fingerprints and papers to be expunged from the Central Criminal Records Exchange.
• If the court approves the expungement, the required paperwork will be sent to the Virginia State Police and the Rocking Ham County Police Department to complete the procedure.

Rockingham County Arrest Warrants

A Rockingham County arrest warrant is also legally referred to as a "Process of arrest" in Virginia. Arrest warrants are legal documents that order the arrest of a suspect for a criminal act.

Court magistrates or judges issue arrest warrants in response to a complaint made by a law enforcement officer or citizen. If the suspect has committed a felony offense, the law enforcement officer must make the complaint. A law enforcement officer can also issue a warrant for non-felony offenses when a citizen makes a complaint. A warrant can only be issued when the complaint shows enough evidence, known as probable cause, to support the warrant issuance.

Per § 19.2-72 of the Virginia code, an arrest warrant is only valid when it contains the following details:

• The name of the accused person
• A photograph and description of the accused
• The offence the accused person is charged with
• A command to law enforcement to arrest the accused individual
• The signature of the issuing judge

Persons who want to look up active warrants in Rockingham County can do so in person at the warrants division of the office of the county sheriff or through the telephone by calling (540) 564-3800. Individuals can also find a list of most wanted persons online on the sheriff's webpage.

Do Rockingham County Arrest Warrants Expire?

No, Rockingham County arrest records have no expiration date. A warrant remains active until the suspect is arrested and brought to face a judge.