Virginia Criminal Records

Virginia criminal records are detailed, official documentations of an individual's interactions with the criminal justice system. These records generally include (but are not limited to) details of arrests, warrants, convictions, court proceedings, sentencing information, incarceration history, and other associated information. Per recent crime data, Virginia has a violent crime rate of 2.34 per 1,000 residents, with an overall crime rate of 19.30 per 1,000 residents - one of the lowest crime rates (both violent and overall) recorded across the country.

The Virginia State Police (VSP) is the state's central repository for criminal history information and the primary source for statewide criminal records. Nonetheless, several other agencies also generate and maintain criminal records in Virginia. These include local law enforcement agencies (police departments, as well as city and county sheriff's offices), trial courts in the state's judicial branch, and the Virginia Department of Corrections.

Are Criminal Records Public in Virginia?

Per the Virginia Freedom of Information Act, any information created or stored by a public body in the course of its official activities is considered a public record. Criminal records belong to this category and, thus, may be inspected and copied by interested members of the public. However, even though Virginia criminal records are generally accessible to the public, there are certain limitations and exemptions. For instance, juvenile records are considered confidential. Similarly, expunged records and information that may reveal the identities of abuse victims and confidential informants or interfere with ongoing criminal investigations are also restricted from public access.

How To Look Up Criminal Records in Virginia?

You may obtain official copies of a Virginia criminal record from the Virginia State Police (VSP) by completing any of the following forms online via the department's Non-Criminal Justice Interface:

• Form SP-167 - Criminal History & Sex Offender and Crimes Against Minors Name Search: This option is available to the general public, including individuals who wish to obtain a copy of their own record.
• Form SP-230 - Criminal History & Sex Offender Name Search: This option is only available to specific requesters, including employers and licensing agencies.
• Form SP-266 - Sex Offender and Crimes Against Minors Name Search: This option limits the search to only sex offender-related information.

The completed forms should be printed, duly signed, and mailed to the VSP at:

Requests are usually processed within 15 business days and typically cost $8 to $20 per search, depending on the specific request type indicated on the form. Note that the Form SP-167 requires notarized signatures (the VSP offers this service for an additional $15 charge). This option also typically returns results on conviction records only; however, individuals who wish to include charges, dismissals, and pending charges to the search criteria may do so by including a completed fingerprint card when mailing the form to the VSP.

The VSP also offers a fingerprint-based national background check that may be used to screen prospective employees and volunteers who will have access to children, elderly Virginians, and individuals with disabilities. To utilize this option, complete a Form SP-325 and mail a copy of the completed form, along with a completed fingerprint card and applicable fees ($20 for volunteer checks and $27 for employment checks), to the VSP at:

Inquiries on criminal history searches and background checks may be directed to the department via email.

How To Search Virginia Arrest Records?

Arrest records in Virginia are primarily generated and maintained at the local level by the law enforcement agency that carried out the arrest. A Virginia arrest record typically contains the following information:

• The name, age, gender, and race of the arrestee
• The date, time, and location of the arrest
• A description of the offense(s) that led to the arrest
• Information about the arresting agency and arresting officer
• Booking details, such as a booking number, mugshots, and fingerprints

You can typically access Virginia arrest records by contacting the specific law enforcement agency that handled the arrest and submitting an official record request to them. Note that copy fees may apply. Several local law enforcement agencies also offer online portals that allow users to search for arrest records by name, date, or case number. However, it is important to note that information availability typically varies by jurisdiction.

How To Search Virginia Warrants?

Warrants in Virginia are judicial orders that empower law enforcement to perform specific actions, such as arresting a suspect or searching a premises. These warrants are typically issued by judges, but may also be issued by magistrates, circuit, general district, or juvenile and domestic relations court clerks, and any other official duly authorized under Virginia law. The most common types of warrants issued in the state are:

• Arrest Warrants: These authorize law enforcement officers to take an individual into custody.
• Bench Warrants: These are issued when an individual fails to comply with a court order, such as failing to make a scheduled court appearance.
• Search Warrants: These permit law enforcement officers to search a specific location for evidence.

Most Virginia warrants (particularly arrest and bench warrants) remain active until served, recalled by a judge, or otherwise resolved by the court system. However, under state law, search warrants have to be executed within 15 days of being issued. There is currently no statewide platform for searching active warrants; nonetheless, many counties maintain online databases (usually hosted on local law enforcement and/or court websites) that may be used to obtain this information.

Can I Obtain a Virginia Criminal History Record of Another Person?

You may obtain a copy of another person's Virginia criminal history record by completing a Form SP-167 online, printing the form, and submitting it to the Virginia State Police at:

Note that the completed form requires the notarized signatures of both the person being searched and the person who will be receiving the record. There is a $15 fee per search ($20 if you wish to perform a combination of criminal history and sex offender search). The VSP also offers requesters a notarization service for an additional $15 fee.

It is important to note that the background check will typically be limited to records of Virginia convictions; if you wish to expand the search to charges, dismissals, and pending charges, you will need to attach a completed fingerprint card to the request form. The VSP offers an instruction guide that may be used to navigate its record request process. Inquiries may also be directed to the department via email.

How To Expunge or Seal Virginia Criminal Records

In Virginia, record sealing and expungement refer to a process of removing charges and offenses from a person's record. It should be noted that even though sealing and expungement remove a record from public view, the record is not permanently erased and may still be accessed by certain authorized parties. Sealed records are typically accessible for specific purposes, such as firearm eligibility checks, child custody or protective order cases, and certain employment situations, while expunged records are more restricted and may only be accessed through a court order from the court that granted the expungement.

The legal framework for sealing and expunging records in Virginia is outlined in Chapters 23.1 and 23.2 of the state's Criminal Procedure law. Per these statutes, expungements are limited to non-convictions, unjust convictions that have been fully pardoned, and arrests or charges resulting from identity fraud. Also, while many conviction records may be sealed, certain offences are deemed ineligible, such as violent offenses, DUIs, and assault and battery of a family or household member. Individuals who wish to have their records sealed must also meet the following criteria:

• At least seven years must have passed since the conviction
• They must have been crime-free for the past seven years (traffic infractions are excluded from this requirement)
• They must not have any Class 1 or 2 felony convictions
• They must not have had any felony convictions in the last 10 years and any Class 3 or 4 felony convictions in the last 20 years
• They must provide sufficient proof of rehabilitation, particularly for offenses involving drug and/or alcohol use

The record expungement/sealing process typically involves the following steps:

• Determine that the record in question is eligible for the process. Note that you are only allowed to seal records for up to two sentencing events (multiple charges resolved on the same day count as one event)
• File a petition with the court that handled the case
• Attend a hearing where a judge will review the petition and decide whether to grant or deny your request

It is important to note that Virginia's record sealing laws do not take effect until July 1, 2025. Also, from October 1, 2025, the state will begin automatically sealing certain misdemeanor convictions, including underage alcohol possession, marijuana possession, disorderly conduct, trespass, and concealment, that meet the following conditions:

• At least seven years have passed since the conviction
• The individual was not convicted of or received a deferral-dismissal for another, ineligible offense on the day of the conviction
• Excluding traffic infractions, the individual has not been convicted of any crimes (across the country) for the past seven years

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Virginia?

Several federal and state laws place limitations on the use of criminal records for employment, licensing, and housing in Virginia. At the federal level, the Fair Chance Act prohibits federal agencies and contractors from asking for criminal history information before extending a conditional job offer. The Equal Employment Opportunity Commission (EEOC) and Department for Housing and Urban Development (HUD) also have guidance restricting blanket discrimination based solely on criminal history and requiring that decisions based on criminal records must be fair, accurate, and relevant to the job or housing application.

At the state level, relevant statutes of the Virginia Code prohibit employers from asking about an applicant's criminal history or pending criminal cases on a job application or before an initial interview, or ever asking about records involving simple marijuana possession. Employers, housing providers, and licensing agencies/regulatory boards must also consider factors like the nature of the offense, how long ago it occurred, and whether it has any bearing on the job function, tenancy, or licensed profession/occupation.

Can I Access Virginia Criminal Records for Free Online?

Many private websites offer free (or fee-based) access to Virginia criminal records. However, the information provided may not always be complete or reflect recent changes to the record. For the most accurate and recent data, it's best to rely on official resources, like the VSP's SP-167 criminal record check and the Virginia court's case management system. Alternatively, you may also utilize trusted third-party platforms that aggregate data from official sources and offer up-to-date, easy-to-access information, like VirginiaPublicRecords.us.