 |
Virginia Administrative Code (Last Updated: January 10, 2017) |
 |
Title 6. Criminal Justice and Corrections |
|
Agency 35. Department (Board) of Juvenile Justice |
|
Chapter 160. Regulations Governing Juvenile Record Information and the Virginia Juvenilejustice Information System |
Section 280. Challenge
-
Part IV. Challenge To and Correction of Juvenile Record Information
A. Individuals, or persons acting on an individual's behalf as provided for by law, may challenge their own juvenile record information by completing documentation provided by the department and forwarding it to the functional proponent who is responsible for the applicable component of the the Virginia Juvenile Justice Information System as prescribed in department procedures.
B. When a record that is maintained by the VJJIS is challenged, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." The individual shall be given an opportunity to make a brief statement describing how the information contained in the record is alleged to be inaccurate. When a challenged record is disseminated while under challenge, the record shall carry both the flagged message and the individual's statement, if one has been provided.
C. The VJJIS functional administrator or designee shall examine the individual's record to determine if a data entry error was made. If a data entry error is not obvious, the VJJIS functional administrator shall send a copy of the challenge form and any relevant information to all agencies that could have originated the information under challenge, and shall ask them to examine their files to determine the validity of the challenge.
D. The participating agencies shall examine their source data, the contents of the challenge, and information supplied by the VJJIS for any discrepancies or errors, and shall advise the VJJIS functional administrator of the results of the examination.
E. If a modification of a VJJIS record is required, the VJJIS functional administrator shall ensure that the required change is made and shall notify all participating agencies that were asked to examine their records in connection with the challenge.
F. Participating agencies that, pursuant to 6VAC35-160-220, have disseminated an erroneous or incomplete record shall in turn notify all entities that have received the erroneous juvenile record information as recorded on the agency's dissemination log.
G. The participating agency that received the challenge shall notify the individual or person acting on the individual's behalf of the results of the challenge and the right to request an administrative review and appeal those results.
Historical Notes
Derived from Volume 20, Issue 23, eff. August 25, 2004.