Virginia Criminal Records

Virginia Criminal Records are official papers identifying criminals and providing facts about known violations under state laws. These documents consist of investigation, indictment, and sentence records from Virginia's criminal justice agencies, such as courtroom and detention institutions.

In Virginia, most criminal records are available to the public. However, the Virginia Freedom of Information Act (VFOIA) makes it illegal to release some documents to the public. Interested individuals may access these records through the Central Criminal Records Exchange (CCRE) of the Virginia State Police (VSP), which keeps most of the state's criminal records.

Depending on where the public looks for the Virginia Criminal Record, they may discover the following:

• Subject's personal information (full name, gender, birth date, and race)
• Any aliases
• Fingerprints
• Mugshot
• Driver's license number
• Criminal charges
• Current and old addresses
• History of arrest
• Current and previous warrants
• Sex offender status

The information on a person's criminal record differs based on the crime committed. If you commit a crime in Virginia and want to know the details of your criminal history, the following offenses may be on your record.

Felonies

Virginia, like most states, divides most felony records into six levels, from Class 1 to Class 6. In this state, the most severe crime is a Class 1 felony, and the least serious is Class 6.

The following are the punishment ranges and examples of offenses for each felony record.

Class 1 Felonies

The punishment for this kind of felony is life in prison without the chance to get out and a $100,000 fine. The crime that fits into this category is aggravated murder.

Class 2 Felonies

If you commit an offense under this felony category, you will have to pay a fine of $100,000 and spend 20 years or the rest of your life in prison. Class 2 felonies include the following:

• Malicious aggravated assault
• First-degree murder
• Kidnapping for ransom
• Armed bank robbery

Class 3 Felonies

Class 3 felonies come with fines of up to $100,000 and prison sentences of 5 to 20 years. In Virginia, these are the types of crimes that fall under this category:

• Sex trafficking with children
• Burglary
• Giving material support to terrorists

Class 4 Felonies

An offense considered under this felony type has a fine of $100,000 and a prison sentence of 2 to 10 years. Crimes that are Class 4 felonies include:

• Forgery
• Car shooting
• Ownership of a sawed-off shotgun

Class 5 Felonies

In Virginia, this felony is a "wobbler", which means a crime that could constitute a felony or a misdemeanor. The punishment for a felony conviction of this crime is ten years in prison. Class 5 felonies in Virginia include, but are not limited to:

• Violence from a prisoner
• Having a weapon at a riot
• Manslaughter
• Extortion

Class 6 Felonies

This form of a felony is also known as a wobbler and carries a prison sentence of 1 to 5 years. The following crimes fall into this category are:

• HIV-infected blood donation
• Willfully shooting a gun in public
• Third-offense driving under the influence (DUI) in ten years
• Strangulation

In Virginia, if you've been found guilty of a felony, it will stay on your criminal history for life unless expunged. If you want to remove your record, you must wait ten years before applying for state expungement.

Misdemeanor

Virginia, like other states, divides misdemeanor records into Class 1, Class 2, Class 3, and Class 4. Misdemeanors of Class 1 are the most serious, while offenses under Class 4 are the least ones.

Class 1 Misdemeanors

For this misdemeanor, a convicted person will get a fine of $2,500, a year in jail, or both. Some of the most common crimes in this category are petty theft and domestic violence.

Class 2 Misdemeanors

Possession of a schedule IV narcotic is a crime under this category. Those who commit this crime will get a $1,000 fine, six months in jail, or both.

Class 3 Misdemeanors

Offenses like using reflective window tinting and willful misconduct by a notary are Class 3 misdemeanors. These violations are some of the least serious in Virginia, and the maximum fine is only $500.  

Class 4 Misdemeanors

This misdemeanor is also one of the least severe in Virginia, with a fine of $250. This category includes crimes such as first-time public intoxication.

In Virginia, misdemeanor records will probably remain on your criminal history and will always be available to the public unless expunged.

Criminal Driving Violations

Virginia divides criminal driving violation records into traffic felonies and traffic misdemeanors. Traffic felonies in this state are traffic offenses that can get you locked up in state prison for at least a year. On the other hand, traffic misdemeanors are less severe than traffic felonies.

Felony Traffic violations

In Virginia, traffic felonies are significant offenses that carry greater punishments than traffic misdemeanors and generate criminal records that follow violators throughout their lives.

Felony traffic charges in this state include hit-and-run accidents and third-offense DUI involving death or severe injury.

Traffic Misdemeanors

This kind of criminal driving violation in Virginia usually carries a shorter jail sentence and a minor fine than felonies. Some of the traffic crimes in Virginia that are misdemeanors are:

• Driving with a revoked license
• Reckless driving
• Driving with a suspended license
• DUI

How long will a criminal driving violation remain on your record? In Virginia, a conviction of a criminal driving violation will stay on the offender's criminal record for life unless you are eligible to remove it under state expungement law.

Sexual Offenses

In Virginia, having a sexual offense record can result in severe consequences such as imprisonment and sex offender registration.

The following are some examples of common sexual offense records in Virginia:

Rape

This type of sexual offense is a felony in Virginia. It happens when a defendant engages in sexual activity using force or threat with a victim under 13 or cannot agree because of mental or physical disability.

Sexual Battery

This sexual offense is a misdemeanor and involves a less severe undesired sexual interaction. In Virginia, sexual battery occurs when:

• The defendant touched another's private parts by force, threat, and intimidation.
• The victim didn't agree to the touching, and the prosecution can claim the offender touched other victims or the same victim multiple times within two years.
• The defendant in authority sexually touches a detainee.

Aggravated Sexual Battery

In Virginia, this sexual crime is a felony when sexual touching happens between:

• A defendant of any age and a victim under 13 who cannot give permission
• A parent or grandparent and a victim ages 13 to 17
• An offender who uses a weapon, force, or harms a victim ages 13 to 14

Most sex offenses in Virginia require the defendant to register as a sex offender. Although registration is not technically a punishment, it's often the most severe consequence after a sexual offense conviction.

To locate a registered sex offender in the state, interested individuals can visit the VSP website and use the Sex Offender Registry Search.

Also, the public can access the National Sex Offender Registry for registered criminals. The search engine on this website provides information on wanted, jailed, and civilly convicted sex offenders in the state.

As in other states, Virginia's current law allows for the expungement of non-convictions criminal history records through a petition-based process. The court has extensive discretion in deciding whether to accept or reject the motion for granted. However, if the court allows the petition to expunge the charges, the public will not be able to view it.

Who Is Allowed for an Expungement in Virginia?

If you want to remove your record but are unsure if you qualify, the following individuals are eligible for expungement in Virginia:

• An acquitted criminal defendant after pleading not guilty
• A civil defendant who is found not guilty of contempt
• The defendant in a criminal case whom the Commonwealth Attorney decides not to prosecute
• A person is a victim of identity theft
• A person is found guilty of a crime but later gets a full pardon

Virginia Expungement Process

In Virginia, even if you qualify for an expungement, you do not automatically have the right to have your criminal record removed. Here are some of the procedures you must take:

• Send the petition and a certified copy of the criminal offenses.
• Give the prosecutor a copy of the petition and a verified charges document. They will respond to your petition within 21 days.
• Acquire a complete set of fingerprints from a police department. You must give them a copy of your petition. The police department will investigate your criminal background and submit a copy of your criminal record to the court.
• Then, a judge will choose whether to grant your petition at a court hearing. The court will bring back your fingerprints if they accept your petition. You must follow up with the police agency and State Police to ensure expungement.

Inmate records in Virginia are official documentation supplied by prison and penitentiary establishments describing individuals' detention in their facilities. These records include offenders imprisoned in the state's jails, institutional inmate facilities, correctional facilities, and penitentiary institutes.

The Virginia Department of Corrections (VADOC) keeps most inmate records in this state. This department is also in charge of all state prisons and offices for parole and probation.

The public can use the Offender Locator feature on the VADOC website to find the records of inmates in this state.

Furthermore, interested individuals can visit the regional office or the inmate's correctional facility to obtain additional criminal information or to do an inmate search. These facilities' contact information is also available on the VADOC page.

The details on an inmate's record vary, but in Virginia, inmate records have the following information:

• Inmate's personal information (name, age, gender, and race)
• Any aliases
• Booking photo
• DOC ID
• Weight and height
• Location assigned
• Sentence summary

Virginia Arrest Records include information about people arrested by the VSP or other agencies of law enforcement in the state that led to the arrests. Arrest records in Virginia provide details on an arrest made on the accusation of illegal behavior, which is critical to an individual's conviction.

In this state, the police take someone into incarceration with an arrest warrant. The only legal cause to arrest someone without a warrant is if a law enforcement officer witnesses a crime.

After an arrest, the officer who made the arrest will take the suspect to the local police station for the booking process. Booking involves obtaining a defendant's fingerprints and storing their belongings until release.

The public may request an arrest record from the local Sheriff's Office or police agency in charge of the arrest. It's vital to call or check the department's website for instructions on obtaining an arrest record in this state, as record distribution processes and prices vary.

In Virginia, a record of an arrest would include the following information:

• Arrestee's personal information (name, date of birth, and gender)
• The time and place of the arrest
• Description of the arresting crime
• Name of the arresting officer
• Jail's location

Employers and landlords who want to do background checks on people who want to work for or rent from them mostly request criminal records in Virginia.

Those interested in obtaining these data should request the VSP to access the statewide criminal history record checks.

The requesters, in general, must fill out an SP-167 form, make a fee payable to VSP, and mail the application parcel to the department in a stamped envelope with their name and address.

To get a full criminal record, the person making the request must send VSP a complete set of fingerprints. Fingerprints allow access to extra information, including arrest information, but without them, the requester can only get conviction data.

This department needs 15 days to process a criminal records request. Since VSP doesn't offer fast service, people who want to use it must send their request by mail as early as possible.