Winchester County Arrest Records

Winchester County arrest records chronicle arrests made within county limits. Each record catalogs instances where individuals were taken into custody for criminal offenses or other law violations. The Winchester Police Department and the Winchester County Sheriff’s Office serve as the official custodians of these records, creating and preserving them for every arrest their officers make in Winchester County, Virginia.

County law enforcement agencies arrest individuals who are caught committing crimes, detained on suspicion of criminal activity, or apprehended under valid arrest warrants. After an arrest, the individual is booked into custody, and officers record the arrestee’s information along with the specifics of the arrest—thereby producing the official arrest record.

Although Winchester County arrest records are primarily maintained by the arresting agency, they also appear in other criminal justice repositories, such as Winchester County court records and Virginia criminal history records.

Are Arrest Records Public in Winchester County?

Yes, Winchester County arrest records are public under the Virginia Freedom of Information Act (VFOIA). This law grants the public the right to inspect and request copies of public agency records, including law enforcement records. To this effect, individuals may request to view or make copies of Winchester County arrest records from the Winchester Police Department or the sheriff’s office.

However, not every arrest record is disclosable under the VFOIA. Per Virginia Code § 2.2-3706, certain arrest records are exempt from mandatory disclosure (discretionary releases). Below is a list of such records:

• Juvenile arrest records
• Arrest records of sex offenders
• The identity of victims, witnesses, or undercover officers, as well as investigative techniques or procedures
• Criminal investigative documents, including notes, photographs, complaints, correspondence, witness statements, etc.
• Expunged or sealed arrest records (generally restricted from disclosure)
• Any sensitive personal information whose disclosure will constitute an invasion of privacy or violate privacy laws.

What Do Public Arrest Records Contain?

Public arrest records in Winchester typically contain the following:

• The personal information of the arrestee (full name, date of birth, age)
• The physical description of the arrestee (sex, skin color, height, weight, hair/eye color)
• The details of the alleged offense
• Arrest and booking information, including date, time, and number
• The arrestee’s mugshot
• Bail or bond conditions (if applicable)
• The arresting agency.

Winchester County Arrest Statistics

According to the Virginia Sheriffs' Association Crime Report, Winchester County (or city) recorded 1,927 arrests in 2023. Of these, the Winchester Police Department recorded 1,907 arrests (563 Group A arrests and 1,344 Group B arrests), and the Virginia State Police recorded 20 arrests (8 Group A arrests and 12 Group B arrests).

Group A arrests are arrests for arson, assault, bribery, burglary, counterfeiting/forgery, destruction/damage/vandalism of property, drug/narcotic offenses, extortion/blackmail, fraud, homicide, larceny/theft, motor vehicle theft, etc.

Group B arrests are arrests for offenses such as curfew/loitering/vagrancy violations, disorderly conduct, DUI, drunkenness, liquor law violations, peeping Tom, trespass of real property, etc.

Find Winchester County Arrest Records

To find arrest records in Winchester County, interested individuals may contact local law enforcement agencies, such as the Winchester Police Department or the Winchester County Sheriff’s Department. This can be made in person, by mail, or by phone:

Winchester Sheriff's Department
Joint Judicial Center
5 North Kent Street
Winchester, VA 22601
Phone: (540) 667-5770

Winchester Police Department
Timbrook Public Safety Center
231 East Piccadilly Street
Winchester, VA 22601
Phone: (540) 662-4131
Email: police@winchesterva.gov.

Alternatively, arrest record requests can be submitted online through the Winchester Police Department’s FOIA Request Portal. Individuals can also look up the daily arrest report from January 2024 on the Winchester Police Department’s website.

Free Arrest Record Search in Winchester County

Interested persons may search Winchester County arrest records for free by submitting requests to the Winchester Police Department and/or the Winchester County Sheriff’s Department. While searches may be free, duplication of records may attract costs.

Otherwise, interested parties can search these records through third-party aggregate sites. These sites aggregate public records and offer them to the public through their platforms. Individuals can search these sites to find Winchester County arrest records.

However, these sites are unofficial. As such, they may not always contain up-to-date or reliable arrest information. Also, users may be asked to pay to access comprehensive reports.

How Long Do Arrests Stay on Your Record?

Indefinitely. Arrests stay on a person’s record permanently unless sealed or expunged. However, Virginia law enforcement agencies are at liberty to retain their records in line with the Library of Virginia Retention and Disposition Schedule, where:

• Adult arrest records are kept for 100 years from the arrestee’s date of birth
• Deceased adults’ records are removed one year after the death notification
• Juvenile records are retained for 23 years from birth
• Arrest logs are held for 5 years after the last action.

Expunge Winchester County Arrest Records

Under Virginia Code § 19.2-392.2, individuals can expunge their Winchester County arrest records if they meet the criteria. Eligible arrest records for expungement include:

• Arrests that ended in acquittal
• Arrests with dismissed charges
• Arrests with no filed charges
• Criminal records, including arrests with reversed or overturned convictions
• Arrests ending in dropped charges
• Arrest records of individuals who completed a diversion program.

The steps to expunge or seal eligible arrest records are as follows:

• File a petition for expungement with the Winchester Circuit Court.
• Serve the local prosecutor with a copy of the petition. The prosecutor has 21 days to file any objections or responses to the petition.
• A copy of the petition should also be provided to the arresting agency, such as the Winchester Police Department or sheriff’s office. The petitioner must also provide a set of fingerprints to the law enforcement agency.
• The agency forwards the fingerprints and a copy of the petition to the Virginia State Police’s Central Criminal Records Exchange (CCRE).
• The CCRE sends the petitioner’s sealed criminal history with the fingerprints and petition to the Winchester Circuit Court.
• The court schedules a hearing to determine the petition. The court decides on the petition with the petitioner’s eligibility and the prosecutor’s response (if any) in view.
• If the court deems the petition worthy, it issues an expungement order. The Virginia State Police, acting on the order, expunges or seals the records, with the arresting agency doing the same.

Note: If a petitioner’s application for expungement is denied, they can appeal the decision if they believe the denial was wrong.

Winchester County Arrest Warrants

A Winchester County arrest warrant is a legal document that authorizes law enforcement to arrest and take a person into custody or bring them before the court. It is issued against persons in certain instances, including when sufficient evidence proves or establishes that the person has committed a crime or violated a court order.

Winchester County arrest warrants are issued and executed under Title 19.2, Chapter 7 of the Code of Virginia. The code stipulates those with authority to issue warrants (i.e., magistrates and judges) and the condition for law enforcement agencies to obtain arrest warrants, that is, an affidavit or complaint demonstrating probable cause.

A Winchester County arrest warrant typically contains the accused's full name and/or physical description, the alleged crime, the date of issuance, the name and signature of the issuing magistrate or judge, and bail or bond information (if applicable).

Individuals seeking information about active arrest warrants in Winchester County can contact the warrants officer at the Winchester Police Department at:

Timbrook Public Safety Center
231 East Piccadilly Street
Winchester, VA 22601
Phone: (540) 931-5645
Email: mark.fischer@winchesterva.gov.

Do Winchester County Arrest Warrants Expire?

No, Winchester County arrest warrants do not expire. They stay active until the individual who is the subject of the warrant is arrested or surrenders, or the issuing court decides to recall or quash the warrant. Certain situations—like mistaken identity, the death of the person named in the warrant, or dismissal of the underlying charges—could lead the court to cancel or quash the warrant. However, even though an issued arrest warrant isn't limited by time, its validity after a while may depend on the statute of limitations on the underlying offense.