Wise County Arrest Records

Making arrests is an action a law enforcement officer can take to maintain law and order within Wise County. An arrest involves law enforcement capturing and restricting an individual's movement due to an alleged criminal offense. Under the Code of Virginia Title 9.2 Chapter 7, law enforcement officers can make an arrest when they have an active warrant for the individual's arrest. A law enforcement officer can also arrest an individual without a warrant in certain situations outlined in Chapter 7, including when a person commits a crime in their presence. Additionally, if an officer reasonably suspects someone has committed a crime, they may arrest them without an arrest warrant.

A Wise County arrest record is an official report created by law enforcement agencies following an arrest, detailing information about the incident. After being created, arrest records are typically added to the subject's Statewide Criminal History Records, maintained by the Virginia State Police (VSP). Different government entities also use details of Wise County arrest records to generate official reports, like the Crime in Virginia Publications provided by the VSP's Data Analysis and Reporting Team (DART). Locally, courts may also feature arrest details in judicial records, such as Wise County Court Records.

Are Arrest Records Public in Wise County?

Yes. According to the Virginia Public Records Act, codified in § 42.1-76 to § 42.1-91.1, records that document transactions or activities of public officers and agencies are considered public. Additionally, the Code of Virginia § 2.2-3706 requires the public release of law enforcement and criminal records, like arrest records, with certain limitations. Some of the statute's limitations include adult arrestee photographs when necessary to protect an ongoing felony investigation. Furthermore, information that reveals the identity of juvenile arrestees is also prohibited from being public.

What Do Public Arrest Records Contain?

The following are usually found in public Wise County arrest records:

• The arrestee's mugshot
• The arrestee's identifying information;
  • Full name (first and last name)
  • Age and birth of birth
  • Home address
• Descriptions of the arrestee's physical features;
  • Sex
  • Race
  • Height
  • Weight
  • Hair and eye color
• The offense details;
  • Descriptions of the offense
  • The statute connected to the criminal violation
  • The jurisdiction where the offense occurred
• Arrest details;
  • The date, time, and location of the arrest
  • The arresting agency's information
  • Charges
• Booking details such as the booking number, date, time, and location
• Bond/bail details (if applicable)

Wise County Arrest Statistics

According to arrest statistics from the FBI Crime Data Explorer (CDE), Wise County reported 1,917 arrests in 2023, reflecting a 2.5% decrease from the 1,869 arrests reported in 2022. A breakdown of the 2023 statistics reveals that 1,862 (97.1%) arrests were for adult offenders, while 55 (2.9%) were for juvenile offenders (aged 18 and under). Conversely, adult offenders accounted for 1,831 (98%) arrests in Wise County in 2022, while 38 (2%) were for juvenile offenders.

Find Wise County Arrest Records

Individuals seeking Wise County arrest records can contact local law enforcement agencies. These include the Wise County Sheriff's Office and municipal police departments, such as the Coeburn Police Department and Wise Police Department. These agencies are responsible for generating and maintaining most arrest records in the county. Furthermore, they usually make these records available to members of the general public upon request under the Virginia Public Records Act.

Note that local law enforcement agencies in Wise County can only provide arrest records within their custody. These are limited to records of arrests conducted by the specific agency. Consequently, those looking for arrest records in Wise County must ascertain the agency that made the arrest (the arresting agency). In most cases, the arresting agency may be the police department of the municipality where the arrest occurred or the Wise County Sheriff's Office. For example, most arrests in the Town of Coeburn are typically carried out by the Coeburn Police Department.

After ascertaining the arresting agency, contacting them directly to inquire about the procedures for requesting or accessing the arrest records they maintain is advisable. Each agency's procedures may differ depending on how it operates. For instance, most agencies accept in-person requests, while some may accept mail-in or phone requests. Furthermore, some agencies offer a dedicated request form that record seekers can complete and submit to request records. An example is the FOIA - Request For Information form the Wise County Sheriff's Office provides. Regardless of the procedures for requesting records agencies accept, record seekers must supply details about the arrest record they seek to help identify and locate the desired record. These details include the arrestee's name, arrest date, location, and other relevant information. It is worth noting that agencies may charge records seekers a fee for copies of arrest records they furnish them.

Free Arrest Record Search in Wise County

Interested persons may access arrest records in Wise County for free by visiting a local law enforcement agency in person during regular office hours to inspect arrest records the agency maintains. Most agencies typically do not charge a fee for in-person inspection records. However, individuals are usually charged a fee for copies of arrest records they request.

How Long Do Arrests Stay on Your Record?

Generally, an arrest can remain indefinitely on a subject's criminal record unless they file a petition to get the record expunged. Nonetheless, the duration of time local law enforcement agencies in Wise County may keep an arrest on file varies depending on the type of arrest, according to the Library of Virginia Retention and Disposition Schedule. Some of the provisions of the schedule include the following:

• Adult arrest files - 100 years after the subject's birth date
• Adult arrest file for a subject whose death has been notified to the agency - one (1) after the agency receives the notification
• Juvenile arrest files - until the subject reaches 23 years
• Arrest logs and books - five (5) years after the subject's last action
• Records detailing an arrestee's personal property inventory - three (3) after their creation
• Records of properties confiscated during an arrest - three (3) after last action
• Unexecuted arrest warrant - not recorded.

Expunge Wise County Arrest Records

Expungement is a legal process that removes an arrest record from public government records. Once an expungement is finalized, the arrest record becomes inaccessible to the public. Generally, only arrests that result in acquittal or dismissal of charges are expungeable under Virginia Code § 19.2-392.2.

Eligible persons can apply for the expungement of qualified arrest records by completing the Petition for Expungement Form, filing it with the Wise County Circuit Court, and paying the required filing fees. Sometimes, the petitioner may be eligible for a filing fee waiver. Note that a copy of the completed expungement petition must also be filed with the prosecuting attorney of the city or county where the petition was initially filed. The prosecuting attorney is allowed 21 days to respond to the petition. Additionally, the petitioner must file a copy of their completed expungement petition with a local law enforcement agency in Wise County that offers fingerprinting services and have their fingerprints taken. The agency would also forward a copy of the petitioner's expungement petition and their complete set of fingerprints to the Central Criminal Records Exchange (CCRE).

Subsequently, the CCRE will forward a copy of the petitioner's expungement petition, complete criminal history record, fingerprints, and the source document that led to the arrest entry on the petitioner's criminal history record to Wise County Circuit Court. Following that, the court may either grant or deny the petition. If the petition gets granted, the court will issue an expungement order and forward it to the Virginia State Police (VSP) and other local law agencies that preserve the petitioned arrest record.

Wise County Arrest Warrants

A Wise County arrest warrant is a court order that directs law enforcement officers to arrest an individual due to an alleged offense they committed. A judge, magistrate, or clerk of any court can issue an arrest warrant in Wise County. According to the Code of Virginia § 19.2-72, an arrest warrant may be issued when any of these judicial officials receive a criminal complaint that accuses an individual of committing a crime. Provided the complaint contains sufficient probable cause to believe that the accused has committed the alleged offense. Per Code of Virginia § 19.2-72, an arrest warrant must be directed to an appropriate officer, command the arrest of the accused, and contain the following information:

• The name of the accused or a description that can be used to identify them.
• Description of the charged offense
• The signature of the issuing official.

Do Wise County Arrest Warrants Expire?

No, a Wise County arrest warrant never expires. As a result, an arrest may remain active until the subject of the warrant turns themselves in, gets arrested, or dies. Notwithstanding, an individual can explore other options for resolving an arrest warrant, such as petitioning the issuing court to recall or quash the warrant if the basis of the warrant's issuance was illegal. Ideally, the subject of a warrant should consult with a licensed attorney to ascertain if any of the aforementioned options for resolving an arrest warrant is applicable in their case.