York County Arrest Records

York County arrest records are documents that contain information about a person’s arrest. After the police apprehend a suspect, the arresting officer or agency books the suspect and records their identity, personal information, specific details about the arrest, and report of the incident.

Being arrested and charged with an offense does not mean the defendant is guilty, and it does not automatically create a criminal record. When an individual is on trial for a criminal offense, the court clerk creates a York County Court Record for that case, which shall contain all events, documents, exhibits, and actions in the criminal proceeding. Going forward, the judge may dismiss the charges, acquit, discharge, or pardon the defendant. But, if the defendant is found liable for a criminal offense and is convicted of the crime, the state creates a criminal record for the arrest and prosecution.

In York County, arrest records are created and retained by local law enforcement agencies, including the York County Sheriff’s Office and other city/town police departments.

Are Arrest Records Public in York County?

Yes. Per the Virginia Freedom of Information Act § 2.2-3700 - §2.2-3714, every person has the right to access, view, inspect, and request copies of public records in the custody of a public body. The act defines public records to include all writings and recordings or other data, however, stored, regardless of form or physical characteristics, prepared or owned by or in possession of a government body and its officers.

Thus, arrest records, which are law enforcement records, are public records. Law enforcement agencies are expected to make their records reasonably accessible. Failure to respond to requests for records or denial of access without reason shall constitute a violation of the Virginia FOIA. Although, an arrest record may be restricted from public access in part or whole if it contains excluded information.

Certain government records are excluded from the mandatory disclosure laid down by the Freedom of Information Act. Custodians have a duty to redact this information where possible or outrightly exempt and restrict them from public access terminals. According to the law, the following information that may be connected to or contained in arrest records is prohibited from public disclosure:

• Sealed or expunged records
• Information defined as confidential by law, constitution, statute, or order of the court
• Information protected by attorney-client privilege
• Where such disclosure may interfere with personal or public safety or security
• Law enforcement records that may interfere with the investigation or prosecution
• Personally identifiable information: Home or email addresses, telephone numbers, social security numbers, financial information, medical records, or personal family information.
• Identity of confidential informants
• Personal information about victims or witnesses

What Do Public Arrest Records Contain?

Information available in public arrest records may vary from one county to the other. Nonetheless, researchers can expect to find the following information in a York County Arrest Record.

• The arrestee’s identity information: This includes the subject’s first, last, and middle name (aliases if known), date of birth, and age.
• Physical Description: Sex, race, ethnicity, height, weight, hair and eye color.
• Booking information: Booking ID, fingerprint, mugshots and holding facility
• Arrest and Booking Data: Booking ID, date, time, place of the arrest
• The name of the arresting officer and agency
• Previous arrests
• Outstanding warrants
• Charge: Charges filed, the nature of the offense (felony, misdemeanor, or traffic offense), the degree of the offense, or the count charge.
• Bail and bond information

York County Arrest Statistics

Arrest data retrieved from the Crime in York County Report reveals that law enforcement agencies made 1,171 arrests in 2023. The arrest rate was 1,630.8 per 100,000 population. Adult offenders made up a greater percentage of the total arrests, with 953 and 218 juvenile offenders.

In 2023, crimes against property and persons were more prevalent than crimes against society. The most popular crimes in York County in 2023 were shoplifting (425 reported offenses), destruction/damage/vandalism of property (342 reported offenses), false pretenses/swindle/confidence game (244), larceny (268 reported offenses), simple assault (543 reported offenses), intimidation(136 reported offenses arrests), and drug/narcotic violations (95 reported offenses), aggravated assault (94 reported offenses).

Find York County Arrest Records

Pursuant to the provisions of the Virginia Freedom of Information Act, York County arrest records are public records. The York County Sheriff’s Office and municipal and town police departments are responsible for keeping the peace within their district. This duty involves arresting offenders and persons who violate the State and federal criminal laws. The York-Poquoson County Sheriff’s Office publishes up-to-date information on arrest and incident reports online in the Public Information Reports catalog on its official website.

For mail requests to the Sheriff’s Office, the requester must identify the records they are seeking with reasonable specificity (the name of the record, case/booking ID, identity of the arrestee, description, date of birth, date of arrest, etc.). The request must pertain to existing records only. Individuals can elect to receive electronic records in the formats used by the Office. It is advised to contact staff before sending the request in to confirm the availability of the records, estimate the cost of the request or make any other inquiries.

York-Poquoson County Sheriff’s Office
159 Goodwin Neck Road
Yorktown, VA 23692

Mailing Address
P.O. Box 99
Yorktown, VA 23690
Phone: (757) 890-3630
Fax: (758) 890-2649
sheriff@yorkcounty.gov

Information on those arrested and incarcerated within the Virginia Department of Corrections (DOC), as well as those under parole supervision, may be retrieved from the Department’s Inmate Locator. This database contains records on inmates, parolees, and probationers who are under supervision and within the jurisdiction of the Virginia Department of Corrections.

Free Arrest Record Search in York County

Residents of York County can access arrest records for free at the Sheriff’s Office. Individuals may visit the office during business hours to inspect copies of York County arrest records and incident reports or, for convenience, use the online arrest and incident reports.

An alternative option for finding York County arrest records is through third-party public records search platforms. Third-party search sites are not government-owned or affiliated, so users have to pay to access their library. However, this option offers more convenience and allows users to search data banks as these platforms give users access to arrest, incarceration, and court records all in the same place. A disadvantage for researchers may be the search fees or payment plans. Also, information on these sites tends to be inaccurate or incomplete.

How Long Do Arrests Stay on Your Record?

In Virginia, an arrest will remain on a person’s public record forever. Criminal records do not expire automatically or lose relevance after a certain period. Unless and until the subject petitions the court or applies for the record in question to be expunged or sealed, such information remains public business. Expunging an arrest record is dependent on eligibility requirements established in the Virginia Code of Criminal Procedure.

Expunge York County Arrest Records

To expunge an arrest/non-conviction record in Virginia, the subject must obtain a certified copy of their arrest record, warrant, or indictment and file a petition in the Circuit Court in the county where the charges were filed or where the party was arrested (if no charges were filed). Section 19.2-392.2. Code of Virginia explains that an individual may file a petition setting forth the relevant facts, requesting an expungement of police and court records where the petitioner was acquitted of the charges, the charges were dismissed without conviction, no charges were filed, or the prosecution entered nolle prosequi (the petitioner gave notice of his wish to no longer prosecute the defendant).

Further, if any person was arrested and charged as a result of mistaken identity and his name and identification were used by another without his consent, he may file a petition with the court where the charges were resolved to expunge all related records. In this circumstance, the petition will be free.

The petition, which should contain the name of the arresting agency and date of arrest, along with a copy of the warrant, summons, or indictment, if available, should be filed in the circuit court in the city or county where the case was dismissed, acquitted, or otherwise. It must also include the petitioner's full name at the time of the arrest, date of birth, specific criminal or civil offense to be expunged, and the date of the final disposition.

York County Arrest Warrants

An arrest warrant is a writ issued by a judge or magistrate commanding the County Sheriff or other law enforcement officer to arrest the offender named in the warrant. The warrant shall be directed to the appropriate law enforcement officer (s); it must state the name of the accused and, if the name is unknown, include a description by which he can be identified with reasonable certainty. The warrant must describe the offense charged and command that the accused be arrested and brought before a court of appropriate jurisdiction in the county where the offense was committed (Code of Virginia § 19.2-71).

Furthermore, the warrant must be signed by a judge or clerk of any circuit court, general district court, juvenile and domestic relations district court, or magistrate.

Do York County Arrest Warrants Expire?

Like most states in the United States, warrants issued in York County, Virginia, do not expire. Arrest warrants remain active and actionable until the defendant named in the warrant is arrested or the warrant is recalled or quashed. A warrant is deemed quashed when the court that issued it withdraws it, making it void or invalid. Often, a warrant is quashed when it is issued in error.

If a warrant is recalled, it has been addressed and resolved. Either the named suspect was arrested, turned themselves in, or contacted the court to schedule a hearing. It is advisable to contact an attorney for advice on how to address a warrant. Ignoring an outstanding warrant may result in dire legal consequences.