Wythe County Arrest Records

Wythe County arrest records are products of enforcement actions carried out in Wythe County. These records detail who was arrested, why an arrest took place, and the circumstances surrounding the incident.

For members of the public, arrest records are useful for finding out the specifics of an arrest and where an alleged offender may have been taken—possibly a holding center at the police station or the New River Valley Regional Jail. For criminal defense attorneys, arrest records may be reviewed to check if the police followed due process when conducting an arrest. On the other hand, prosecuting attorneys may use these records to determine charges they wish to file in court.

An arrest record is preserved by the agency whose officers made the arrest. However, arrest information may be found in other official documents, like the Wythe County court records, as a defendant progresses through the justice system.

Are Arrest Records Public in Wythe County?

Yes, Wythe County arrest records are open to the public under Virginia's Freedom of Information Act (FOIA) (Va. Code Ann. § 2.2-3700 et seq.). The FOIA allows anyone to see or copy arrest information generated by Wythe County law enforcement agencies. However, certain information or records may be exempt and only available to authorized entities. These records include:

• Criminal investigative files
• Juvenile offender information
• Sealed/expunged arrest records
• Identity of a confidential informant
• Identity of a victim of a violent offense, sexual assault, family abuse, or sexual abuse, per Va. Code Ann. § 9.2-11.2

What Do Public Arrest Records Contain?

Per Section 2.2-3706 of the Code of Virginia, the following arrest information is publicly available in Wythe County:

• The identity and physical description of the person who was arrested, including their full name, date of birth, age, sex, weight, height, hair color, eye color, and complexion
• Arrest time and date
• Arresting department
• Booking time, date, number, and photograph (or mugshot)
• Charges (including a description and the corresponding statute)
• Bond amount and type

Wythe County Arrest Statistics

In 2023, Wythe County recorded 659 arrests, according to the crime data publicized by the Virginia State Police's Data Analysis and Reporting Team (DART). Of the reported arrests, 309 were categorized as Group A offenses, which consist of the most serious crimes.

Specifically, Crimes Against Persons made up 86 (27.8%) of the Group A arrests, Crimes Against Property constituted 127 (or 41.1%), and Crimes Against Society accounted for 96 (or 31.1%). In the Crimes Against Persons group, simple assault led to more arrest incidents (72). In the Crimes Against Property category, shoplifting (58) was the most popular offense arrest. Meanwhile, within the Crimes Against Society category, more arrests were made for drug/narcotic violations (73).

On the other hand, 350 Group B offenses, considered the less severe crimes, were recorded in Wythe in 2023. The most common Group B arrests were for drunkenness (107), driving under the influence (70), and trespass of real property (36) offenses.

Find Wythe County Arrest Records

Before beginning an arrest record search in Wythe County, a person should ideally gather or have specific information about the record or its subject. While individuals can generally provide a brief description of the record they seek, information like an arrestee's first and last name or date of birth, the arrest date or location, or a unique identifier or value (booking number, inmate ID number, FBI number, ICE number, etc.) is key for obtaining accurate results.

Next, the interested party can submit this information to the local police agency that made the arrest. Requests may be made in person, online, or via any other means provided by the agency's records unit or archives, and the requester may not be charged a fee if they only want to inspect or examine a record.

Note: Where an arrestee has been convicted, individuals can access the New River Valley Regional Jail's Inmate Lookup tool (for local inmates) or the Virginia Department of Corrections Inmate Locator (for state inmates) to call up related incarceration information. They may also contact the respective agency for information.

However, when dealing with a federal arrestee, it is best to access the Federal Inmate Locator or send an FOIA request to the federal arresting agency, as state and local bodies cannot provide information about such offenders.

Free Arrest Record Search in Wythe County

Several third-party aggregator websites provide free arrest record searches to interested individuals. These sites are accessible with a person's first and last name, and users may find search results from other U.S. jurisdictions, not only Wythe County. However, a fee or subscription may apply when accessing comprehensive information.

How Long Do Arrests Stay on Your Record?

Unless a person receives an expungement in Virginia, any record of their arrest in Wythe County will remain part of their public criminal record. An expungement restricts a person's record from public inspection. However, only individuals who qualify under Virginia law can obtain such relief.

Expunge Wythe County Arrest Records

To expunge a Wythe County arrest record, an individual must be eligible under Title 19.2, Chapter 23.1 of the Virginia Code, which means:

• They received a not-guilty verdict.
• Their charges were nolle prossed (the prosecution opted to abandon the suit) or dismissed.
• Their name was misused or used without consent.
• They received an absolute pardon for an unjust conviction.

If the case resulted in a dismissal or acquittal, one can file for expungement in the Wythe County Circuit Court. Form CC-1473 (Petition for Expungement) can be used to submit this request, and a copy must be served on the Commonwealth Attorney of the city/county in which the petition was filed.

Petitioners must also obtain their fingerprints from a police department. The police department will then submit the prints to the Central Criminal Records Exchange (CCRE), which will send the petitioner's criminal history to the court. The court will then decide whether the expungement should be approved. Detailed Form CC-1473 filing instructions are provided on the Virginia judiciary's website.

Individuals whose cases were pardoned should submit a copy of the pardon to the presiding court (where the case was heard) to obtain an expungement. Meanwhile, parties whose records were generated due to mistaken identity should file with the presiding court.

It should be noted that an expungement does not destroy court and police records; it only limits access to them. Further, certain cases may be eligible for automatic expungement.

Wythe County Arrest Warrants

Under Title 19.2, Chapter 7 of the Virginia Code, judges, magistrates, and clerks of courts can issue arrest warrants to bring a particular offender to the criminal justice system. These warrants authorize the immediate arrest of a person suspected of breaking the law. However, state law requires "probable cause" to be established by the officer seeking the warrant, and the court to determine that sufficient facts for an arrest exist, before such warrants can be issued.

Arrest warrants issued in Wythe identify the person to be arrested, the offense leading to the warrant's issue, and the county of issuance. They also bear the signature of the issuing officer and command that the accused person be apprehended and brought before a court of appropriate jurisdiction in the town, city, or county where the alleged offense occurred.

Do Wythe County Arrest Warrants Expire?

No, Wythe County arrest warrants never expire until executed by the police or recalled by the court. Execution occurs when a warrant subject is located or discovered, and a formal arrest occurs. However, subjects can also surrender to local authorities to resolve their arrest warrants.