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

6VAC20-120-30. Applicability.

A. This chapter governs originals and copies of manual or automated criminal history record information that are used, collected, stored, or disseminated by state or local criminal justice agencies or other agencies receiving criminal history record information in the Commonwealth. This chapter also sets forth the required procedures that ensure the proper processing of the expungement of criminal history record information. The provisions of this chapter apply to the following groups, agencies, and individuals:

1. State and local criminal justice agencies and subunits of these agencies in the Commonwealth; and

2. The United States Government or the government of another state or its political subdivisions that exchange such information with criminal justice agencies in the Commonwealth, but only to the extent of that exchange.

B. The provisions of this chapter do not apply to (i) original or copied records of entry, such as police blotters maintained by a criminal justice agency on a chronological basis and permitted to be made public, but only if such records are not indexed or accessible by name; (ii) offense and dispatch records maintained by a criminal justice agency on a chronological basis and permitted to be made public, if such records are not indexed or accessible by name or do not contain criminal history record information; (iii) court records of public criminal proceedings, including opinions and published compilations thereof; (iv) records of traffic offenses disseminated to or maintained by the Department of Motor Vehicles for the purpose of regulating the issuance, suspension, revocation, or renewal of drivers' or other operators' licenses; (v) statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertainable; (vi) announcements of executive clemency; (vii) posters, announcements, or lists for identifying or apprehending fugitives or wanted persons; and (viii) criminal justice intelligence information or criminal justice investigative information.

C. Nothing in this chapter shall be construed as prohibiting a criminal justice agency from disclosing to the public factual information concerning the status of an investigation; the apprehension, arrest, release or prosecution of an individual; the adjudication of charges; or the correctional status of an individual, which is related to the offense for which the individual is currently within the criminal justice system.

Statutory Authority

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

Historical Notes

Derived from VR240-02-1 § 2.1, 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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