Administrative Code

Virginia Administrative Code
8/8/2022

Part IV. Challenge to and Correction of Juvenile Record Information

6VAC35-160-280. Challenge.

A. Individuals, or persons acting on an individual's behalf as provided for by law, may challenge their own juvenile record information by completing documentation provided by the department and forwarding it to the data owner who is responsible for the applicable component of the VJJIS as prescribed in department procedures.

B. When a record that is maintained by the VJJIS is challenged, both the manual and the automated record shall be flagged with the message "CHALLENGED RECORD." The individual shall be given an opportunity to provide a brief written statement describing how the information contained in the record is alleged to be inaccurate. When a challenged record is disseminated while under challenge, the record shall carry both the flagged message and the individual's statement, if one has been provided.

C. The data owner or designee shall examine the individual's record to determine if a data entry error was made. If a data entry error is not obvious, the data owner shall send a copy of the challenge form and any relevant information to all agencies that could have originated the information under challenge, and shall ask them to examine their files to determine the validity of the challenge.

D. The participating agencies shall examine their source data, the contents of the challenge, and information supplied by the VJJIS for any discrepancies or errors and shall advise the data owner of the results of the examination.

E. If a modification of a VJJIS record is required, the data owner shall ensure that the required change is made and shall notify all participating agencies that were asked to examine their records in connection with the challenge.

F. Participating agencies that, pursuant to 6VAC35-160-220, have disseminated an erroneous or incomplete record shall in turn notify all entities that have received the erroneous juvenile record information as recorded on the agency's dissemination log.

G. The participating agency that received the challenge shall notify the individual or person acting on the individual's behalf of the results of the challenge and the right to request an administrative review and appeal those results.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-290. Administrative review of challenge results.

A. If not satisfied with the results of the challenge, the individual or those acting on his behalf may, within 30 calendar days, request in writing an administrative review of the challenge by the director of the department.

B. Within 30 days of receiving the written request for the administrative review, the director of the department, or a designee who is not the data owner who responded to the challenge, shall review the challenge, the findings of the review, and the action taken by the data owner. If the administrative review supports correction of the juvenile record information, the correction shall be made as prescribed in 6VAC35-160-280.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

6VAC35-160-300. Removal of a challenge designation.

When the challenge to the juvenile's record has been resolved, either as a result of a challenge or an administrative review of the challenge, the data owner shall notify the affected participating agencies to remove the challenge designation from their files.

Statutory Authority

§§ 16.1-223 and 66-10 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. August 25, 2004; amended, Virginia Register Volume 33, Issue 26, eff. September 20, 2017.

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