Virginia Criminal Court Records

Anyone who intends to follow up on criminal prosecutions or review past criminal cases in Virginia can examine records maintained by the Commonwealth's judiciary. These records are the materials, files, or papers used to preserve the details of criminal court proceedings. They include motions, witness statements, judgments, orders, dockets, case identifiers, and much more. Access to these records is governed by statute.

Criminal case records are vital resources for defense and prosecuting attorneys, providing essential evidence and judicial precedents for their arguments. These records also enable both private and public organizations to conduct employment background checks. Furthermore, the media and general public utilize these records to research legal trends.

Are Criminal Court Records Public in Virginia?

Yes. Documents generated within criminal courtrooms in Virginia are treated as public information by default under Virginia Code § 16.1-69.54:1 and § 17.1-208. However, there are exceptions for expunged and sealed cases, sensitive personal information, juvenile delinquency proceedings, certain victim-identifying information, and police informant records. Nonetheless, case parties, their attorneys, court officials, and law enforcement agencies may view restricted documents.

What Criminal Court Records Contain in Virginia

Researchers can find the following details in Virginia criminal court records:

• Defendant information: Name, address, race, date of birth, gender, status (whether released or in custody), defense attorney, and aliases.
• Case information: Filing date, case ID, and court location
• Charge information: Charge description, statute violated, offense date, summons, case type (misdemeanor or felony), complainant, and arrest date.
• Disposition information: Case verdict, sentencing details, probation information, and fines.

Virginia Criminal Court Records Search

Individuals can review Virginia criminal case records online using resources maintained by the judiciary. These include the Virginia Online Case Information System and General District Court Online Case Information System. The former offers access to criminal records of the Circuit and General District Courts in the Commonwealth. Users can search by name, case number, and hearing date. They can also choose the court level, division (criminal), and specific court.

Meanwhile, the General District Court Online Case Information System only shows details related to criminal cases handled by General District Courts. These cases encompass misdemeanors and traffic matters. Circuit courts have authority over every case, but focus on felonies and appeals from General District Courts.

Individuals interested in obtaining or inspecting physical copies of criminal court records can visit the office of the related court clerk. For example, the City of Chesapeake's Circuit Court Clerk provides details on how to view and request circuit court records from its office.

Note: Costs are assessed for obtaining and certifying physical copies of criminal case records, and they may vary by court and jurisdiction.

Free Access to Criminal Court Records in Virginia

Viewing criminal case information through statewide online databases is free. Anyone can also visit courthouses and clerks' offices to inspect case files at no cost. However, researchers must pay for copies, certification, and access to subscription-based systems.

Indigent individuals who need court records for legal purposes can reach out to local clerks to inquire about fee waivers.

Sealing and Expungement of Criminal Court Records in Virginia

Virginia law provides guidelines on expunging and sealing criminal records under Chapters 23.1 and 23.2 of Title 19.2 of the Virginia Code. Each form of relief blocks public access to certain records with different restriction levels.

While none of these processes guarantee the permanent deletion of records, expungement offers a higher level of restriction. Sealed documents can be disseminated and released for purposes stated under Virginia Code § 19.2-392.13. However, parties seeking expunged records must satisfy a higher criterion as specified in Virginia Code § 19.2-392.3.

How to Seal Criminal Court Records in Virginia

Arrests and criminal cases that result in non-convictions (dismissal, acquittal, nolle prosequi, etc.) are automatically sealed by courts in Virginia per Virginia Code § 19.2-392.8.

People convicted of certain misdemeanors and low-level felonies (class 5 or 6) can also submit sealing petitions to the Circuit Courts with jurisdiction over their cases. However, the following factors may cause ineligibility:

• Class 3 or 4 felony conviction in the past 20 years
• Conviction for a felony (class 1 or 2) that carries a life sentence
• New criminal misdemeanor conviction within 6 years
• New criminal felony conviction of any kind within the past 10 years

Sealing petitions must include the following, when available:

• Name of the arresting agency
• Date of the arrest
• Date of conviction or deferred dismissal
• Case number associated with each court record that the petitioner intends to seal
• Summons
• Warrants
• Indictment
• Charges and records to be sealed
• Date of final disposition of the charges
• Petitioner's name (at the time of the arrest), date of birth, sex. social security number, and race

If any information is not available, the petitioner must state the reason for such unavailability.

Once prepared, the petitioner must send a copy of the petition to the Commonwealth's Attorney in the county where the case was heard. Additionally, petitioners are instructed by statute to request that the Central Criminal Records Exchange (CCRE) transmit a copy of their criminal history information to the court.

The court will hear objections from the Commonwealth's Attorney's office, if any, and determine whether to grant the petitioner's petition for sealing.

An individual can only receive sealing relief twice in their lifetime in Virginia.

How to Expunge a Criminal Record in Virginia

The expungement process in Virginia is almost identical to the sealing procedure, except that eligibility hinges on the requirements outlined in Virginia Code § 19.2-392.2.

Petitioners are also required to provide the information listed above, submit their petitions to the Circuit Court in the county where the arrest occurred or charges were filed, serve the Commonwealth's Attorney, and send criminal record transmission requests to the CCRE.

Criminal Records in Virginia vs Court Records

A criminal record summarizes an individual's journey through the criminal justice system, from the perspective of law enforcement. It is a tool for police and other authorized agencies to track criminal activity and is the basis for most background checks. Criminal records are disseminated by the CCRE per Virginia Code § 19.2-387, and may contain details of arrests and law enforcement interactions that never entered court filings.

Court records, on the other hand, are the specific, detailed files created by the judicial branch during a prosecution. They are not statewide summaries but rather case-by-case files held at the particular court where the legal proceedings occurred. These records are maintained by the clerk of the court, as outlined in Virginia Code § 17.1-208.

Requesting a Virginia Criminal History Record

While criminal court records are open to the public, criminal history information compiled and maintained by the CCRE is only available to the following parties per Virginia Code § 19.2-389:

• Subjects of the criminal history
• Criminal justice agencies (and their employees)
• Agencies and individuals carrying out laws or executive orders
• Agencies and individuals under agreement with criminal justice agencies
• Researchers under agreement with criminal justice agencies
• Federal state agencies checking employment suitability
• Those authorized by court order

Individuals, private companies, out-of-state agencies, and private companies can fill out and submit Form SP-167 to obtain criminal history information (convictions only unless fingerprints are submitted). On the other hand, employers of authorized agencies can use Form SP-230 to obtain complete criminal history records.

In both cases, requesters are required to open the request portal, select the appropriate form, fill out their details, select "Confirm," and click "Generate." Parties must complete the printed form by adding notarized or non-notarized signatures. If a complete criminal history information is requested using form SP-167, the requester must attach acceptable fingerprint cards.

Once printed, forms can be mailed to

Each background search costs $15. However, other fees may apply if one is requesting combined criminal history and sex offender registry searches. The fee structure and specific processes are outlined in the VSP's background check guide.

How to Request a Virginia State Background Check

Obtaining a background check in Virginia is the same as getting criminal history information. One can go through the process outlined by the Virginia State Police to obtain personal or employee/volunteer criminal background data in the Commonwealth.

Active vs Archived Criminal Cases in Virginia

Active criminal cases are ongoing criminal prosecutions in state trial courts. One can access these case files to track court proceedings. However, archived criminal cases are records that may no longer be in the possession of courts. Instead, they are moved to off-site storage locations. Sometimes, these records have retention windows and may be destroyed thereafter. For example, Virginia Code § 16.1-69.55 outlines the dates for deleting specific misdemeanor and felony case files.