Because transparency is essential to accountability and trust in a democratic republic, Virginia law provides for generous public access to governmental records, including Virginia arrest records. While this openness is mostly a good thing in theory, wide public access to arrest records can be detrimental to individuals who have been convicted or even just arrested for a crime in Virginia.

PUBLIC RECORDS IN VIRGINIA

There are more than 75 million public records in Virginia. The Freedom of Information Act (FOIA) entitles anyone to view and make copies of records held by ‘public bodies.’ In this context, a public body includes a state agency, a board or legislative body of a county, city or town, a planning committee, a zoning board, a school board, and even an organization funded principally through public funds.

HOW TO ACCESS PUBLIC RECORDS IN VIRGINIA

The principal legal mechanism to obtain Virginia public records is the Freedom of Information Act (FOIA), a statute which requires public bodies to respond to requests for public records. You may contact any Virginia public body directly (including by email) to request access to a public record in their domain. While verbal requests for records are sufficient to trigger FOIA, we recommend making your request in writing to ensure the clear conveyance of the details of the request. Here is a sample message request template you can use for an email or postal mail communication.

The issuing public body may charge a nominal fee to produce requested records, in order to cover their cost for accessing, copying, and providing records. Per Virginia Code § 2.2-3704(B), public bodies are required to fulfill requests for public records within five business days. If necessary, the public body may request an additional seven days to fulfill the request.

Keep in mind though, that there are many types of records in Virginia that are exempt from the requirements of FOIA and the agency will refuse to produce. These include the following:

• Personnel records, legal memoranda, and examination materials
• Records relating to public safety
• Records relating to administrative investigations
• Educational records and certain records of educational institutions
• Health and social service records
• Proprietary records and trade secrets
• Records of specific public bodies and certain other limited exceptions
• Certain information in criminal records, such as the identity of a victim

However, many public records in Virginia are published online, making a FOIA request unnecessary.  For example, many criminal court records are readily accessible through the Virginia Judiciary Online Case Information System. That database includes records from most Circuit Courts and General District Courts across the state; however, cases in the Juvenile and Domestic Relations Courts are not included.

CRIMINAL ARREST AND CONVICTION RECORDS IN VIRGINIA

Criminal records in Virginia can be located in a number of different places depending on the type of records being sought. The law enforcement agency such as the police or sheriff’s department involved in the investigation and arrest for a crime will have the police reports detailing witness statements and other components of the investigation such as items of evidence, photographs and body camera footage. The local jail will also have booking photos and information about the criminal accusation. 

The Courts will have documentation about the charge and the records of the legal process. The Court record is located in the court clerk’s office and may contain warrants, indictments, pleadings, subpoenas, motions, orders, transcripts, and—importantly—a final order disposing of the case. In most criminal cases, the final order is a Sentencing Order which sets out the crime for which the defendant was convicted and the penalties imposed by the Court.

As you can see, criminal records are scattered in many different offices throughout the state, and finding records can be as difficult as a camel passing through the eye of the needle. We expect, however, that during the upcoming decade many of these records, especially the court records, will be made publicly available on the internet. Our federal court cases are already available through a service called PACER, and when Virginia’s court system gets their act together, accessing court documents will be much easier.

Currently, there is a statewide computerized clearinghouse for summaries of criminal records called the Virginia Criminal Information Network (VCIN) which is available only to law enforcement. Linked into the National Criminal Information Center (NCIC), VCIN compiles information regarding arrests and prosecutions from law enforcement agencies across the state and is the only place where a person’s “criminal record” can be accessed in one place. Police officers, prosecutors, courts and probation officers can access VCIN subject to very strict rules prohibiting dissemination of the information.

HOW LONG DO CONVICTIONS STAY ON A RECORD IN VIRGINIA?

Unlike many states, Virginia convictions remain on a person’s “record” forever. Even after the General District Court has destroyed the misdemeanor paperwork and deleted the information about a conviction from the court’s computers, the conviction stands and a person, when required to disclose prior offenses, must truthfully say that he was convicted. The court paperwork for felony convictions, on the other hand, is kept by the Circuit Court permanently unless expunged or otherwise lawfully sealed.

Earlier this year, proposals in the Virginia General Assembly to expand expungement were delayed to 2021, so it is possible that Virginia will soon join most other states and provide an opportunity to formally erase some old, minor convictions from a person’s record.

OUR LOCAL CRIMINAL ATTORNEYS ARE HERE TO SUPPORT YOU

Preventing an Arrest Record

As always, the best way to avoid an arrest record is to avoid being arrested. But if you’re facing criminal charges, even if only for a misdemeanor, the support of an experienced local defense attorney can protect you from the unforseen consequences of a conviction. Under Virginia law, any conviction will remain permanently on your criminal record, which can lead to difficulty obtaining future employment, schooling or housing. Even having a charge reduced to a lower-level misdemeanor can sometimes provide significant benefits down the road to you and your family.  

Initiating a Public Records Lawsuit

If you have contacted a public body with a request for a public record within their domain, and they have denied or ignored your request, they are in violation of the Virginia Freedom of Information Act. If you have been unable to resolve the matter on your own, we can initiate a public records lawsuit on your behalf.

Expungement Services

In some states, a criminal record may be eligible for expungement, even in cases where a defendant is found guilty. However in Virginia, expungement is limited to charges that were dismissed and may depend on how the court paperwork was processed.  Contact our experienced expungement attorneys at Cook Attorneys to see if we can help.

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you.

Because transparency is essential to accountability and trust in a democratic republic, Virginia law provides for generous public access to governmental records, including Virginia arrest records. While this openness is mostly a good thing in theory, wide public access to arrest records can be detrimental to individuals who have been convicted or even just arrested for a crime in Virginia.

PUBLIC RECORDS IN VIRGINIA

There are more than 75 million public records in Virginia. The Freedom of Information Act (FOIA) entitles anyone to view and make copies of records held by ‘public bodies.’ In this context, a public body includes a state agency, a board or legislative body of a county, city or town, a planning committee, a zoning board, a school board, and even an organization funded principally through public funds.

HOW TO ACCESS PUBLIC RECORDS IN VIRGINIA

The principal legal mechanism to obtain Virginia public records is the Freedom of Information Act (FOIA), a statute which requires public bodies to respond to requests for public records. You may contact any Virginia public body directly (including by email) to request access to a public record in their domain. While verbal requests for records are sufficient to trigger FOIA, we recommend making your request in writing to ensure the clear conveyance of the details of the request. Here is a sample message request template you can use for an email or postal mail communication.

The issuing public body may charge a nominal fee to produce requested records, in order to cover their cost for accessing, copying, and providing records. Per Virginia Code § 2.2-3704(B), public bodies are required to fulfill requests for public records within five business days. If necessary, the public body may request an additional seven days to fulfill the request.

Keep in mind though, that there are many types of records in Virginia that are exempt from the requirements of FOIA and the agency will refuse to produce. These include the following:

• Personnel records, legal memoranda, and examination materials
• Records relating to public safety
• Records relating to administrative investigations
• Educational records and certain records of educational institutions
• Health and social service records
• Proprietary records and trade secrets
• Records of specific public bodies and certain other limited exceptions
• Certain information in criminal records, such as the identity of a victim

However, many public records in Virginia are published online, making a FOIA request unnecessary.  For example, many criminal court records are readily accessible through the Virginia Judiciary Online Case Information System. That database includes records from most Circuit Courts and General District Courts across the state; however, cases in the Juvenile and Domestic Relations Courts are not included.

CRIMINAL ARREST AND CONVICTION RECORDS IN VIRGINIA

Criminal records in Virginia can be located in a number of different places depending on the type of records being sought. The law enforcement agency such as the police or sheriff’s department involved in the investigation and arrest for a crime will have the police reports detailing witness statements and other components of the investigation such as items of evidence, photographs and body camera footage. The local jail will also have booking photos and information about the criminal accusation. 

The Courts will have documentation about the charge and the records of the legal process. The Court record is located in the court clerk’s office and may contain warrants, indictments, pleadings, subpoenas, motions, orders, transcripts, and—importantly—a final order disposing of the case. In most criminal cases, the final order is a Sentencing Order which sets out the crime for which the defendant was convicted and the penalties imposed by the Court.

As you can see, criminal records are scattered in many different offices throughout the state, and finding records can be as difficult as a camel passing through the eye of the needle. We expect, however, that during the upcoming decade many of these records, especially the court records, will be made publicly available on the internet. Our federal court cases are already available through a service called PACER, and when Virginia’s court system gets their act together, accessing court documents will be much easier.

Currently, there is a statewide computerized clearinghouse for summaries of criminal records called the Virginia Criminal Information Network (VCIN) which is available only to law enforcement. Linked into the National Criminal Information Center (NCIC), VCIN compiles information regarding arrests and prosecutions from law enforcement agencies across the state and is the only place where a person’s “criminal record” can be accessed in one place. Police officers, prosecutors, courts and probation officers can access VCIN subject to very strict rules prohibiting dissemination of the information.

HOW LONG DO CONVICTIONS STAY ON A RECORD IN VIRGINIA?

Unlike many states, Virginia convictions remain on a person’s “record” forever. Even after the General District Court has destroyed the misdemeanor paperwork and deleted the information about a conviction from the court’s computers, the conviction stands and a person, when required to disclose prior offenses, must truthfully say that he was convicted. The court paperwork for felony convictions, on the other hand, is kept by the Circuit Court permanently unless expunged or otherwise lawfully sealed.

Earlier this year, proposals in the Virginia General Assembly to expand expungement were delayed to 2021, so it is possible that Virginia will soon join most other states and provide an opportunity to formally erase some old, minor convictions from a person’s record.

OUR LOCAL CRIMINAL ATTORNEYS ARE HERE TO SUPPORT YOU

Preventing an Arrest Record

As always, the best way to avoid an arrest record is to avoid being arrested. But if you’re facing criminal charges, even if only for a misdemeanor, the support of an experienced local defense attorney can protect you from the unforseen consequences of a conviction. Under Virginia law, any conviction will remain permanently on your criminal record, which can lead to difficulty obtaining future employment, schooling or housing. Even having a charge reduced to a lower-level misdemeanor can sometimes provide significant benefits down the road to you and your family.  

Initiating a Public Records Lawsuit

If you have contacted a public body with a request for a public record within their domain, and they have denied or ignored your request, they are in violation of the Virginia Freedom of Information Act. If you have been unable to resolve the matter on your own, we can initiate a public records lawsuit on your behalf.

Expungement Services

In some states, a criminal record may be eligible for expungement, even in cases where a defendant is found guilty. However in Virginia, expungement is limited to charges that were dismissed and may depend on how the court paperwork was processed.  Contact our experienced expungement attorneys at Cook Attorneys to see if we can help.

Fill out the form below to request more information about how we can serve you. We look forward to hearing from you.

The lawyers at Cook Attorneys in Harrisonburg, VA have extensive experience representing students who have faced alcohol-related charges. Knowing more about Virginia’s alcohol laws—underage drinking laws in particular—can help you to avoid arrest and prosecution. Let’s begin with some history.

21ST AMENDMENT

One hundred years ago a temperance movement in the United States pushed for Prohibition and the banning of alcohol. The proponents of Prohibition believed that it would lessen poverty and other positive societal challenges. They succeeded, and the 18th Amendment outlawed the manufacture, sale, and transportation of alcoholic beverages in the United States.

Thirteen years later, in 1933, after prohibition was widely seen as a total failure, the 21st Amendment repealed Prohibition. But the spirit of Prohibition lingered, and the 21st Amendment authorized the individual states to regulate the following alcohol-related matters:

• Alcohol sales within the state
• Alcohol distribution within the state
• Importation of alcohol within the state
• Statutes on who is permitted to possess alcohol within the state

Alcohol laws vary state-by-state, and even among jurisdictions within states. As such, most alcohol laws in the United States are a combination of federal, state, and local laws. An exception however is the national drinking age.

NATIONAL MINIMUM DRINKING AGE ACT

The United States Congress passed the National Minimum Drinking Age Act (23 U.S.C.A. § 158) on July 17, 1984, requiring all states to raise the minimum legal drinking age to 21. In some states such as Alabama, Indiana, Kansas, Michigan, North Carolina, Pennsylvania, Vermont, and the District of Columbia, this law is effectively an outright ban.
In other states the purchase of alcohol by individuals underage is illegal, but the possession and consumption of alcohol, in certain circumstances, is not. Virginia is one of these states.
In regard to drinking age, it is illegal in Virginia for anyone under 21 years of age to possess, purchase, or consume any alcoholic beverage such as liquor, wine, and beer (Code of Virginia § 4.1-305), but there are exceptions.

EXCEPTIONS TO VIRGINIA’S UNDERAGE DRINKING LAWS

There are legal exceptions to underage drinking in the state of Virginia per Virginia Ann. Code Section 4.1-305(A):

• Someone who is less than 21 years old may drink alcohol in her own home if a parent is present and has authorized it. Parents cannot give consent for anyone other than their own children, and we have defended a number of parents who were charged with permitting underage students who were not their own children to consume alcohol in their home.
• Individuals under 21 may consume alcohol in a private, non-alcohol selling premises such as a party at a private home, under the conditions that their parents have prior knowledge and have given their consent.
• A person under 21 may possess or deliver alcohol as a condition of their employment such as working in a restaurant.

PENALTIES FOR UNDERAGE ALCOHOL VIOLATIONS IN VIRGINIA

Breaking Virginia’s alcohol laws can lead to very serious penalties. The only legal advice we can give is this: if you are under 21, do not drink alcoholic beverages.

We are constantly struck by the reaction of students and their parents in our office who are shocked to discover that Virginia police and courts treat underage possession quite harshly. Perhaps in their own families, underage possession and consumption is considered to be ‘minor,’ like a speeding ticket.

But you should know that here in Harrisonburg some police officers are very vigilant when it comes to enforcing the ban on underage drinking, especially in areas of student housing adjacent to James Madison University. Students who attend parties in the Port Republic Road area should arrange a sober driver to take them home at night rather than walk as certain officers monitor that area closely and a stumbling student is a sitting duck.

Anyone under the age of 21 who is convicted of possession of alcohol in Virginia (regardless if they are a resident of the state), can be convicted of a Class 1 misdemeanor, which can carry up to a year in jail, up to a $2,500 fine, and a one year driver’s license suspension. The Virginia statute has been amended several times over the last decade and “possession” now includes having alcohol in your system, proven by a BAC test, by an admission to a police officer, or by exhibiting the effects of intoxication.

The law does provide, in Virginia, for an alternative disposition for first offenders. If you have never been convicted or charged with underage possession of an alcoholic beverage, ask your attorney about an arrangement that allows a person to perform community service and complete substance abuse education that could result in the dismissal of an underage possession charge.

You should also know that it is a separate crime for an underage person to operate a motor vehicle after illegally consuming alcohol, even if the driver is not drunk, and to possess, manufacture, or use any altered or false driver’s license, military or university identification card for the purpose of illegally obtaining alcohol.

IT’S ILLEGAL TO PROVIDE ALCOHOL TO MINORS IN VIRGINIA

In Virginia, it is illegal for an adult to provide anyone younger than 21 years of age with an alcoholic beverage. This applies to both giving alcohol for free and to selling it. The law also applies to an adult who helps someone who is younger than 21 to obtain alcohol illegally. Penalties of being convicted of these violations can include up to a one year driver’s license suspension, $2,500 in fines, and even up to a year in jail.

VIRGINIA STATE LIQUOR LAWS

The Virginia Alcoholic Beverage Control Authority regulates the distribution and sale of alcoholic beverages in the state, and there you can find additional information on liquor laws in Virginia.

WE ARE EXPERIENCED ATTORNEYS FOR MINORS

When you are searching for the criminal lawyers in Virginia to assist you when facing an underage possession of alcohol charge, we invite you to contact us for a free legal consultation. Our team of Harrisonburg lawyers understand how an alcohol-related arrest can have a devastating impact on a young person’s future. We are experienced in helping students to achieve the best possible outcome for their case.
Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!

The lawyers at Cook Attorneys in Harrisonburg, VA have extensive experience representing students who have faced alcohol-related charges. Knowing more about Virginia’s alcohol laws—underage drinking laws in particular—can help you to avoid arrest and prosecution. Let’s begin with some history.

21ST AMENDMENT

One hundred years ago a temperance movement in the United States pushed for Prohibition and the banning of alcohol. The proponents of Prohibition believed that it would lessen poverty and other positive societal challenges. They succeeded, and the 18th Amendment outlawed the manufacture, sale, and transportation of alcoholic beverages in the United States.

Thirteen years later, in 1933, after prohibition was widely seen as a total failure, the 21st Amendment repealed Prohibition. But the spirit of Prohibition lingered, and the 21st Amendment authorized the individual states to regulate the following alcohol-related matters:

• Alcohol sales within the state
• Alcohol distribution within the state
• Importation of alcohol within the state
• Statutes on who is permitted to possess alcohol within the state

Alcohol laws vary state-by-state, and even among jurisdictions within states. As such, most alcohol laws in the United States are a combination of federal, state, and local laws. An exception however is the national drinking age.

NATIONAL MINIMUM DRINKING AGE ACT

The United States Congress passed the National Minimum Drinking Age Act (23 U.S.C.A. § 158) on July 17, 1984, requiring all states to raise the minimum legal drinking age to 21. In some states such as Alabama, Indiana, Kansas, Michigan, North Carolina, Pennsylvania, Vermont, and the District of Columbia, this law is effectively an outright ban.
In other states the purchase of alcohol by individuals underage is illegal, but the possession and consumption of alcohol, in certain circumstances, is not. Virginia is one of these states.
In regard to drinking age, it is illegal in Virginia for anyone under 21 years of age to possess, purchase, or consume any alcoholic beverage such as liquor, wine, and beer (Code of Virginia § 4.1-305), but there are exceptions.

EXCEPTIONS TO VIRGINIA’S UNDERAGE DRINKING LAWS

There are legal exceptions to underage drinking in the state of Virginia per Virginia Ann. Code Section 4.1-305(A):

• Someone who is less than 21 years old may drink alcohol in her own home if a parent is present and has authorized it. Parents cannot give consent for anyone other than their own children, and we have defended a number of parents who were charged with permitting underage students who were not their own children to consume alcohol in their home.
• Individuals under 21 may consume alcohol in a private, non-alcohol selling premises such as a party at a private home, under the conditions that their parents have prior knowledge and have given their consent.
• A person under 21 may possess or deliver alcohol as a condition of their employment such as working in a restaurant.

PENALTIES FOR UNDERAGE ALCOHOL VIOLATIONS IN VIRGINIA

Breaking Virginia’s alcohol laws can lead to very serious penalties. The only legal advice we can give is this: if you are under 21, do not drink alcoholic beverages.

We are constantly struck by the reaction of students and their parents in our office who are shocked to discover that Virginia police and courts treat underage possession quite harshly. Perhaps in their own families, underage possession and consumption is considered to be ‘minor,’ like a speeding ticket.

But you should know that here in Harrisonburg some police officers are very vigilant when it comes to enforcing the ban on underage drinking, especially in areas of student housing adjacent to James Madison University. Students who attend parties in the Port Republic Road area should arrange a sober driver to take them home at night rather than walk as certain officers monitor that area closely and a stumbling student is a sitting duck.

Anyone under the age of 21 who is convicted of possession of alcohol in Virginia (regardless if they are a resident of the state), can be convicted of a Class 1 misdemeanor, which can carry up to a year in jail, up to a $2,500 fine, and a one year driver’s license suspension. The Virginia statute has been amended several times over the last decade and “possession” now includes having alcohol in your system, proven by a BAC test, by an admission to a police officer, or by exhibiting the effects of intoxication.

The law does provide, in Virginia, for an alternative disposition for first offenders. If you have never been convicted or charged with underage possession of an alcoholic beverage, ask your attorney about an arrangement that allows a person to perform community service and complete substance abuse education that could result in the dismissal of an underage possession charge.

You should also know that it is a separate crime for an underage person to operate a motor vehicle after illegally consuming alcohol, even if the driver is not drunk, and to possess, manufacture, or use any altered or false driver’s license, military or university identification card for the purpose of illegally obtaining alcohol.

IT’S ILLEGAL TO PROVIDE ALCOHOL TO MINORS IN VIRGINIA

In Virginia, it is illegal for an adult to provide anyone younger than 21 years of age with an alcoholic beverage. This applies to both giving alcohol for free and to selling it. The law also applies to an adult who helps someone who is younger than 21 to obtain alcohol illegally. Penalties of being convicted of these violations can include up to a one year driver’s license suspension, $2,500 in fines, and even up to a year in jail.

VIRGINIA STATE LIQUOR LAWS

The Virginia Alcoholic Beverage Control Authority regulates the distribution and sale of alcoholic beverages in the state, and there you can find additional information on liquor laws in Virginia.

WE ARE EXPERIENCED ATTORNEYS FOR MINORS

When you are searching for the criminal lawyers in Virginia to assist you when facing an underage possession of alcohol charge, we invite you to contact us for a free legal consultation. Our team of Harrisonburg lawyers understand how an alcohol-related arrest can have a devastating impact on a young person’s future. We are experienced in helping students to achieve the best possible outcome for their case.
Fill out the form below to request more information about how we can serve you. We look forward to hearing from you!