Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 20. Department of Criminal Justice Services
Chapter 120. Regulations Relating to Criminal History Record Information Use and Security

6VAC20-120-20. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Access" means the ability to obtain, directly or through an intermediary, criminal history record information contained in manual or automated files.

"Board" means the Criminal Justice Services Board, as defined in § 9.1-108 of the Code of Virginia.

"Central Criminal Records Exchange" means the repository in this Commonwealth that receives, identifies, maintains, and disseminates individual criminal history records, in accordance with Chapter 23 (§ 19.2-387 et seq.) of Title 19.2 of the Code of Virginia.

"Challenge" means an individual's objection to his criminal history record information.

"Conviction data" means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.

"Correctional status information" means records and data concerning each condition of a convicted person's custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.

"Criminal history record information" means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal charges and any disposition arising therefrom. The term shall not include juvenile record information which is controlled by §§ 16.1-299 and 19.2-389.1 of the Code of Virginia, criminal justice investigative information, or correctional status information.

"Criminal history record information area" means any office, room, or space in which criminal history record information is regularly collected, processed, stored, or disseminated to an authorized user. This area includes computer rooms, computer terminal workstations, file rooms, and any other rooms or space in which those activities are carried out.

"Criminal intelligence information" means data that has been evaluated and determined to be relevant to the identification and criminal activity of individuals or organizations that are reasonably suspected of involvement in criminal activity. Criminal intelligence information shall not include criminal investigative files.

"Criminal investigative information" means information on identifiable individuals compiled in the course of the investigation of specific criminal acts.

"Criminal justice agency" means a court or any other governmental agency or subunit thereof that as its principal function performs the administration of criminal justice and any other agency or subunit thereof that performs criminal justice activities.

"Criminal justice information system" means a system, including the equipment, facilities, procedures, agreements, and organizations thereof, that is used for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.

"Department" means the Department of Criminal Justice Services.

"Destroy" means to totally eliminate and eradicate by various methods, including, but not limited to, shredding, incinerating, or pulping.

"Director" means the chief administrative officer of the department.

"Dissemination" means any transfer of information, whether orally, in writing, or by electronic means. The term does not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and a right to know the information.

"Expunge" means to remove, in accordance with a court order, a criminal history record or a portion of a record from public inspection or normal access.

"Modify" means to add or delete information from a record to accurately reflect the reported facts of an individual's criminal history record. (See § 9.1-132 of the Code of Virginia.) This includes eradicating, supplementing, updating, and correcting inaccurate and erroneous information.

"Noncriminal justice agencies or individuals" means those agencies or individuals authorized to receive limited criminal history record information pursuant to a specific agreement with a criminal justice agency under the provisions of subsection A of § 19.2-389 of the Code of Virginia.

"Originating agency identifier" or "ORI" means a unique nine-character designation used to identify the agency that places records in the Virginia Criminal Information Network (VCIN).

"Seal" means to physically prevent access to a criminal history record or portion of a criminal history record.

"Superintendent" means the chief administrative officer of the Virginia Department of State Police.

Statutory Authority

§§ 9.1-102 and 9.1-131 of the Code of Virginia.

Historical Notes

Derived from VR240-02-1 § 1.1, eff. April 1, 1986; amended, Virginia Register Volume 6, Issue 4, eff. January 1, 1990; Volume 10, Issue 7, eff. February 1, 1994; Volume 33, Issue 3, eff. November 4, 2016.

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