Smyth County Arrest Records

Smyth County, Virginia, arrest records refer to documents like jail inmate rosters and arrest warrants maintained by law enforcement agencies such as the Smyth County sheriff's office. These records provide information about individuals in law enforcement custody, the details of their arrest, and court details for their arraignment. Records may also contain details like the location and time of the arrest, the arresting agency, and the suspect's personal information, like names and address.

Arrest records may be found among Smyth County court records through the arraignment case documents or the court dockets. Some records may also be accessed and obtained through the sheriff's office or online through the official website or third-party platforms.

Are Arrest Records Public in Smyth County?

Smyth County arrest records are public documents as described by the Virginia Freedom of Information Act. Almost anyone may obtain public arrest records through the Smyth County Sheriff's Office located at:

Smyth County Sheriff's Office
121 Court Street
Marion, Virginia 24354
Phone: (276) 783-7204

However, some records may contain information restricted or sealed according to state law. Such restrictions may include:

• Records from ongoing criminal investigations
• Juvenile records
• Information that may identify victims of sensitive crimes
• Personally identifiable information, such as personal contact details and Social Security numbers
• Expunged or sealed records by court order

Smyth County Arrest Statistics

Smyth County arrest statistics are publicly accessible through the FBI UCR database. The county sheriff's office arrest data for the past two years shows 374 arrests for all other offenses. The county recorded 70 arrests for simple assault, 17 arrests for larceny, and three aggravated assault arrests. There were two arrests for burglary, motor vehicle theft, and robbery. The county recorded no arrests for arson, homicide offenses, and rape.

Find Smyth County Arrest Records

Smyth County arrest records are maintained across different agencies, including the courts and law enforcement. Generally, most documents may be accessed using walk-in or mail-in requests. The public may approach the Sheriff's office or the relevant court clerk to submit a records request in person ot via mail. This request must contain the requester's details and ID if required, as well as a description of the records of interest.

Smyth County arrest records may also be available online using websites like the State Department of Corrections' Inmate Locator. The county's court records are accessible online through the county's Case Information website or the state's General District Court Online Case Information System.

Smyth County Arrest Records Vs. Criminal Records

Smyth County arrest records are created when individuals are taken into law enforcement custody for the alleged commission of a crime. These documents provide details of the arrest event and they generally contain details like the arrested individual's personal information such as name, address, date of birth, and physical description, the date, location, and time of the arrest, the arresting officer and agency involved, the alleged crimes, and booking information. Arrest records indicate the suspicion of a person's liability for a crime, which does not mean the individual is guilty.

In contrast, Smyth County criminal records are details of an individual's interaction with law enforcement and the criminal justice system, where they have been found liable for a crime. These records contain details of arrests, charges, court records, and information about the person's conviction. Criminal records may also include details of dismissals and expungement of records.

How Long Do Arrests Stay on Your Record?

Smyth County arrest details generally remain on your criminal records. Arrests without convictions will stay on your records until action is taken to seal or expunge them. These include situations where a dismissal, an acquittal, or the charges were dropped. Virginia legislation may allow the sealing of certain records where the charges are for misdemeanors with no conviction. Some specific misdemeanors and Class 5 or 6 felony convictions may also be expunged after a waiting period and fulfilling some conditions.

Individuals who qualify for expungement of arrest records typically need to meet these requirements:

• There was an acquittal.
• The prosecutor dropped the case.
• The charges were dismissed.
• The conviction was vacated.
• Absolute pardon was granted.
• There was a dismissal due to identity theft.

Persons who meet these conditions may apply for expungement by following these steps:

• Get the expungement petition form from the Circuit Court.
• Fill the form with all necessary details and include any relevant documents such as proof of payment for the filing fees.
• File the petition at the Circuit Court and serve a copy on the Commonwealth's Attorney.
• If granted, an order directing the expungement or sealing of the records will be issued, which you may obtain and serve on the relevant agencies.

Smyth County Arrest Warrants

Arrest warrants are legal documents issued by a judicial officer, usually a judge or magistrate, that authorize the detention of an individual in law enforcement custody. This document is vital in ensuring arrests are executed legally where there is probable cause. Law enforcement officers usually apply to the court for an arrest warrant with evidence of the reasons why there is probable cause to execute the arrest.

After the judicial officer reviews the application, the warrant may be issued and signed to give it authority. These warrants generally contain the details of the person of interest, the alleged crime information, and the law enforcement details. Arrest warrants may also be issued to persons who violate parole or probation, and bench warrants for failure to appear in court.

Do Smyth County Arrest Warrants Expire?

No, Smyth County arrest warrants do not expire. These records are not issued with an expiry date. However, arrest warrants may become inactive due to reasons like a judge recalling them, the case being resolved by other means, or the arrest being executed. In some situations, the charge may be statute-barred, which makes prosecution impossible, but this does not make the warrant inactive. Smyth County arrest warrants will remain active if these factors do not apply to the case.

Expunge Smyth County Arrest Records

Smyth County arrest records may be expunged only if the charges did not lead to a conviction. This means that the arrest records will be restricted from public access, which may still be accessible under certain circumstances. These records may be expunged subject to specific requirements, such as:

• Dismissal of the case due to identity theft
• An absolute pardon for a crime not committed
• A court vacating the conviction
• A nolle prosequi
• Acquittal

Where any of these apply, you may petition the court to expunge your arrest records. This process starts with obtaining the Petition for Expungement Form (Form CC-1473) from the Circuit Court. Complete the form adequately and attach any documents to prove your case. File the petition at the same court and pay the required filing fees.

Proceed to serve a copy of the petition on the Commonwealth's Attorney for the jurisdiction and get fingerprinted at the Virginia State Police Department. The fingerprint details will be used to conduct a criminal history check at the Central Criminal Records Exchange, which will be sent to the court. The court review and hearing commence after this. There is a 21-day period for the Commonwealth's Attorney to object to the petition. If there is no objection, the court issues an expungement order if the petition is granted. This order is then sent to the relevant agencies so that expungement may be effected.