How long must a law enforcement agency keep criminal history record information?

In accordance with 42.1-76 Code of Virginia, the State Library of Virginia Records Retention No. 17 requires the original record be kept for five years, then transferred to an index card and maintained until the individuals 80th birthday or certification of death.

Can I disseminate criminal history record information over a fax machine to someone who has requested it by fax?

No. Part III, Section 3.5 of the Rules and Regulations prohibit the use of any non-dedicated means of data transmission to access CHRI. Agencies may respond to fax requests by mail or telephonic means with caution to be absolutely sure of the authority of the receiver to receive the data requested.

May my agency disclose factual information to the public concerning the status of an individual who is currently under arrest?

Yes. Part II, Section 2.1 (3) provides that nothing shall be construed as prohibiting the disclosure of such information related to an offense for which an individual is “currently” within the criminal justice system...from the point of investigation all the way through final correctional status....such as probation.

How long must a law enforcement agency maintain a sealed expunged record?

Indefinitely under current law. There is no provision for destruction by law enforcement agencies. This law could change in the near future.

Must the court include all information required by 19.2-392.2(C), Code of Virginia, in the court order package sent to DCJS when the information has not been included by the petitioner or his/her attorney?

Absolutely. The court has the authority to refuse to process the petition if it does not comply with law. The information required is necessary to remove and seal the proper data when the agencies in the field receive the order. The clerk should require the petitioner or attorney to acquire the information before processing the petition. In most cases, the Virginia State Police will return the package to the clerk for further information.

Should the sealed envelope containing the expunged record be marked by number with a corresponding name and number index system for possible future retrieval?

Yes. The Rules and Regulations, Section 2.6, state the “file shall be properly indexed to allow for later retrieval.”