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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 6. Criminal Justice and Corrections |
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Agency 20. Department of Criminal Justice Services |
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Chapter 120. Regulations Relating to Criminal History Record Information Use and Security |
Section 60. Access and review
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A. Who can review. An individual or his attorney, upon providing proper identification and in the case of an attorney representing a client, with a sworn written request from the record subject, shall have the right to inspect criminal history record information being maintained on that individual by the Central Criminal Records Exchange or other criminal justice agencies. Completing a request form shall be required by the Central Criminal Records Exchange or the local criminal justice agency.
B. Review at local law-enforcement agency or central criminal records exchange.
1. An individual or his attorney may review the individual's criminal history record information arising from arrests for felonies and Class 1 and 2 misdemeanors maintained in the Central Criminal Records Exchange through a request to the Virginia Criminal Information Network or to the Central Criminal Records Exchange of the Virginia Department of State Police during normal working hours. An individual or his attorney may review the individual's criminal history record regarding offenses not required to be reported to the Central Criminal Records Exchange at the arresting law-enforcement agency.
2. The law-enforcement agency to which the request is directed shall inform the individual or his attorney of the procedures associated with the review.
3. Individuals shall be provided, at cost, one copy of their record. If no record can be found, a statement shall be furnished to this effect.
C. Timeliness and completeness.
1. An individual requesting his own record shall be advised when the record will be available. In no case shall the time between request and availability of the record exceed one week, except where fingerprint identification is required; then it shall not exceed 30 days. Criminal justice agencies should seek to provide the record as soon as reasonably possible unless there are questions of identification.
2. The criminal justice agency locating an individual's criminal history record information shall examine its own files for the most up-to-date criminal history record information and supply the criminal history record information to the requester.
D. Assistance.
1. The criminal justice agency to which the request is directed shall provide reasonable assistance to the individual or his attorney to help understand the record.
2. The official releasing the record shall also inform the individual of his right to challenge the record.
Historical Notes
Derived from VR240-02-1 § 2.4, eff. April 1, 1986; amended, Volume 06, Issue 04, eff. January 1, 1990; Volume 10, Issue 07, eff. February 1, 1994; Volume 33, Issue 03, eff. November 4, 2016.