Chapter 170. Regulations Governing the Operation and Maintenance of the Sex Offender and Crimes Against Minors Registry
19VAC30-170-5. (Repealed.)
Historical Notes
Derived from VR545-01-18, § 1, eff. August 9, 1995; amended and derived from Virginia Register 14, Issue 22, eff. July 1, 1998; repealed, Virginia Register Volume 19, Issue 23, eff. July 3, 2003.
19VAC30-170-15. Registration, reregistration, change of information, forms and procedures.
A. Submission of registration, reregistration, and change of information materials mandated by Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 of the Code of Virginia shall be as follows:
1. Initial registrations. Completed form SP-236, one clear 10-print fingerprint card, one clear palm print card, and one photograph.
2. Reregistration. Completed form SP-236A and clear thumb prints (both thumbs) on bottom of form. If the person does not have a thumb or thumbs, the index finger on the same hand will be used and noted on the form.
3. Change of address in registry information. Completed form SP-236 and one clear 10-print fingerprint card.
B. Photographs required to be submitted must be in color, be taken or submitted with the registrant facing the camera and clearly showing only the registrant's face and shoulders. No other person may appear in the photograph submitted. The photograph must indicate on the back the registrant's full name, date of birth and the date of the photograph.
C. Completed forms, photographs, palm print cards, and fingerprint cards shall be provided to the Department of State Police, Central Criminal Records Exchange, Attn: Sex Offender Registry, P.O. Box 27472, Richmond, Virginia 23261-7472. Forms may be obtained at any office of the Department of State Police, sheriff's office, county or local police department or by writing to the address listed above.
Statutory Authority
§ 9.1-915 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 23, eff. July 3, 2003; amended, Virginia Register Volume 24, Issue 2, eff. October 1, 2007.
19VAC30-170-20. (Repealed.)
Historical Notes
Derived from VR545-01-18 § 2, eff. August 9, 1995; amended, Virginia Register Volume 12, Issue 21, eff. August 7, 1996; Volume 14, Issue 22, eff. July 1, 1998; repealed, Virginia Register Volume 19, Issue 23, eff. July 3, 2003.
19VAC30-170-30. Expungement from Sex Offender and Crimes against Minors Registry; petition for removal.
A. Upon receipt of a certified copy of a death certificate recording the death of any person registered with the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. If available, a set of fingerprints should accompany the death certificate.
B. Upon receipt of a duly attested copy of an absolute pardon issued by the Governor of Virginia or other competent authority as to any conviction reported to the Sex Offender and Crimes against Minors Registry, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the pardoned person has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.
C. Upon receipt of a report from any clerk of a circuit court or other court of competent jurisdiction that any conviction previously reported to the Sex Offender and Crimes against Minors Registry has been reversed, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction is reversed has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry.
D. Upon receipt of a certified copy of an order of expungement entered pursuant to § 19.2-392.2 of the Code of Virginia or the laws of the United States or any political subdivision thereof, the Department of State Police will expunge any and all records concerning such conviction from the Sex Offender and Crimes against Minors Registry. If the person whose conviction has been expunged has no other convictions requiring registration, the Department of State Police will expunge any and all records concerning such person from the Sex Offender and Crimes against Minors Registry. An expungement for purposes of this subsection must be the result of an acquittal, a nolle prosequi, or dismissal of charges.
Statutory Authority
§ 9.1-915 of the Code of Virginia.
Historical Notes
Derived from VR545-01-18 § 3, eff. August 9, 1995; amended, Virginia Register Volume 12, Issue 21, eff. August 7, 1996; Volume 14, Issue 22, eff. July 1, 1998.Amended, Virginia Register Volume 19, Issue 23, eff. July 3, 2003; Volume 38, Issue 20, eff. June 24, 2022.
19VAC30-170-40. (Repealed.)
Historical Notes
Derived from VR545-01-18 § 4, eff. August 9, 1995; amended, Virginia Register Volume 12, Issue 21, eff. August 7, 1996; Volume 14, Issue 22, eff. July 1, 1998; repealed, Virginia Register Volume 19, Issue 23, eff. July 3, 2003.
19VAC30-170-50. Fee for responding to requests for information.
A. Any person requesting Sex Offender and Crimes against Minors Registry information shall pay a fee of $15 for each Sex Offender and Crimes against Minors Registry record requested. If the request is made in conjunction with a request for a criminal history "name search" record for the same individual, the person making the request shall pay a fee of $20 to cover both requests.
B. Consistent with § 19.2-389 (11) of the Code of Virginia, the fee for a criminal history record search will not be assessed if that person has applied to be a volunteer (i) with a Virginia affiliate of Big Brothers/Big Sisters of America, (ii) with a volunteer fire company or volunteer rescue squad, (iii) as a court-appointed special advocate, (iv) with the Volunteer Emergency Families for Children, (v) with any Virginia affiliate or Compeer, or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in § 15.2-1713.1 of the Code of Virginia.
Statutory Authority
§ 9.1-915 of the Code of Virginia.
Historical Notes
Derived from VR545-01-18 § 5, eff. August 9, 1995; amended, Virginia Register Volume 14, Issue 22, eff. July 1, 1998; Volume 19, Issue 23, eff. July 3, 2003; Volume 24, Issue 2, eff. October 1, 2007.
19VAC30-170-60. (Repealed.)
Historical Notes
Derived from Virginia Register 14, Issue 22, eff. July 1, 1998; repealed, Virginia Register Volume 19, Issue 23, eff. July 1, 2003.
Forms (19VAC30-170)
Name Search Request Form, SP-266 (rev. 7/06).
Name Search Request Form for Criminal History Record and/or Sex Offender and Crimes against Minors Registry Search, SP-230 (rev. 7/07).
Sex Offender and Crimes against Minors Reregistration and Address Verification Form, SP-236A (rev. 7/07).
Sex Offender and Crimes against Minors Registration Form, SP-236 (rev. 7/07).