§ 2.2-3706. Disclosure of criminal records; limitations.
A. As used in this section:
"Criminal incident information" means a general description of the criminalactivity reported, the date and general location the alleged crime wascommitted, the identity of the investigating officer, and a generaldescription of any injuries suffered or property damaged or stolen.
"Criminal investigative file" means any documents and information includingcomplaints, court orders, memoranda, notes, diagrams, maps, photographs,correspondence, reports, witness statements, and evidence relating to acriminal investigation or prosecution, other than criminal incidentinformation.
B. Law-enforcement agencies shall make available upon request criminalincident information relating to felony offenses. However, where the releaseof criminal incident information is likely to jeopardize an ongoinginvestigation or prosecution, or the safety of an individual; cause a suspectto flee or evade detection; or result in the destruction of evidence, suchinformation may be withheld until the above-referenced damage is no longerlikely to occur from release of the information. Nothing in this subsectionshall be construed to prohibit the release of those portions of suchinformation that are not likely to cause the above-referenced damage.
C. Information in the custody of law-enforcement agencies relative to theidentity of any individual, other than a juvenile, who is arrested andcharged, and the status of the charge or arrest shall be released.
D. The identity of any victim, witness or undercover officer, orinvestigative techniques or procedures need not but may be disclosed unlessdisclosure is prohibited or restricted under § 19.2-11.2.
E. The identity of any individual providing information about a crime orcriminal activity under a promise of anonymity shall not be disclosed.
F. The following records are excluded from the provisions of this chapter,but may be disclosed by the custodian, in his discretion, except where suchdisclosure is prohibited by law:
1. Criminal investigative files as defined in subsection A;
2. Adult arrestee photographs when necessary to avoid jeopardizing aninvestigation in felony cases until such time as the release of thephotograph will no longer jeopardize the investigation;
3. Reports submitted in confidence to (i) state and local law-enforcementagencies, (ii) investigators authorized pursuant to § 53.1-16 or § 66-3.1,and (iii) campus police departments of public institutions of highereducation established pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;
4. Portions of records of local government crime commissions that wouldidentify individuals providing information about crimes or criminalactivities under a promise of anonymity;
5. Records of local law-enforcement agencies relating to neighborhood watchprograms that include the names, addresses, and operating schedules ofindividual participants in the program that are provided to such agenciesunder a promise of anonymity;
6. All records of persons imprisoned in penal institutions in theCommonwealth provided such records relate to the imprisonment;
7. Records of law-enforcement agencies, to the extent that such recordscontain specific tactical plans, the disclosure of which would jeopardize thesafety or security of law-enforcement personnel or the general public;
8. All records of adult persons under (i) investigation or supervision by alocal pretrial services agency in accordance with Article 5 (§ 19.2-152.2 etseq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervisionor monitoring by a local community-based probation services agency inaccordance with Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1; or(iii) investigation or supervision by state probation and parole services inaccordance with Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title 53.1;
9. Records of a law-enforcement agency to the extent that they disclose thetelephone numbers for cellular telephones, pagers, or comparable portablecommunication devices provided to its personnel for use in the performance oftheir official duties;
10. Those portions of any records containing information related toundercover operations or protective details that would reveal the staffing,logistics, or tactical plans of such undercover operations or protectivedetails. Nothing in this subdivision shall operate to allow the withholdingof information concerning the overall costs or expenses associated withundercover operations or protective details; and
11. Records of (i) background investigations of applicants forlaw-enforcement agency employment, (ii) administrative investigationsrelating to allegations of wrongdoing by employees of a law-enforcementagency, and (iii) other administrative investigations conducted bylaw-enforcement agencies that are made confidential by law.
G. Records kept by law-enforcement agencies as required by § 15.2-1722 shallbe subject to the provisions of this chapter except that those portions ofnoncriminal incident or other investigative reports or materials that containidentifying information of a personal, medical or financial nature may bewithheld where the release of such information would jeopardize the safety orprivacy of any person.
H. Records of the Sex Offender and Crimes Against Minors Registry maintainedby the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.)of Title 9.1 are excluded from the provisions of this chapter, includinginformation obtained from state, local and regional officials, except to theextent that information is required to be posted on the Internet pursuant to§ 9.1-913.
I. In the event of conflict between this section as it relates to requestsmade under this section and other provisions of law, this section shallcontrol.
(1999, cc. 703, 726, § 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc. 393,715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010, c.627.)
§ 2.2-3706. Disclosure of criminal records; limitations.
A. As used in this section:
"Criminal incident information" means a general description of the criminalactivity reported, the date and general location the alleged crime wascommitted, the identity of the investigating officer, and a generaldescription of any injuries suffered or property damaged or stolen.
"Criminal investigative file" means any documents and information includingcomplaints, court orders, memoranda, notes, diagrams, maps, photographs,correspondence, reports, witness statements, and evidence relating to acriminal investigation or prosecution, other than criminal incidentinformation.
B. Law-enforcement agencies shall make available upon request criminalincident information relating to felony offenses. However, where the releaseof criminal incident information is likely to jeopardize an ongoinginvestigation or prosecution, or the safety of an individual; cause a suspectto flee or evade detection; or result in the destruction of evidence, suchinformation may be withheld until the above-referenced damage is no longerlikely to occur from release of the information. Nothing in this subsectionshall be construed to prohibit the release of those portions of suchinformation that are not likely to cause the above-referenced damage.
C. Information in the custody of law-enforcement agencies relative to theidentity of any individual, other than a juvenile, who is arrested andcharged, and the status of the charge or arrest shall be released.
D. The identity of any victim, witness or undercover officer, orinvestigative techniques or procedures need not but may be disclosed unlessdisclosure is prohibited or restricted under § 19.2-11.2.
E. The identity of any individual providing information about a crime orcriminal activity under a promise of anonymity shall not be disclosed.
F. The following records are excluded from the provisions of this chapter,but may be disclosed by the custodian, in his discretion, except where suchdisclosure is prohibited by law:
1. Criminal investigative files as defined in subsection A;
2. Adult arrestee photographs when necessary to avoid jeopardizing aninvestigation in felony cases until such time as the release of thephotograph will no longer jeopardize the investigation;
3. Reports submitted in confidence to (i) state and local law-enforcementagencies, (ii) investigators authorized pursuant to § 53.1-16 or § 66-3.1,and (iii) campus police departments of public institutions of highereducation established pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;
4. Portions of records of local government crime commissions that wouldidentify individuals providing information about crimes or criminalactivities under a promise of anonymity;
5. Records of local law-enforcement agencies relating to neighborhood watchprograms that include the names, addresses, and operating schedules ofindividual participants in the program that are provided to such agenciesunder a promise of anonymity;
6. All records of persons imprisoned in penal institutions in theCommonwealth provided such records relate to the imprisonment;
7. Records of law-enforcement agencies, to the extent that such recordscontain specific tactical plans, the disclosure of which would jeopardize thesafety or security of law-enforcement personnel or the general public;
8. All records of adult persons under (i) investigation or supervision by alocal pretrial services agency in accordance with Article 5 (§ 19.2-152.2 etseq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervisionor monitoring by a local community-based probation services agency inaccordance with Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1; or(iii) investigation or supervision by state probation and parole services inaccordance with Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title 53.1;
9. Records of a law-enforcement agency to the extent that they disclose thetelephone numbers for cellular telephones, pagers, or comparable portablecommunication devices provided to its personnel for use in the performance oftheir official duties;
10. Those portions of any records containing information related toundercover operations or protective details that would reveal the staffing,logistics, or tactical plans of such undercover operations or protectivedetails. Nothing in this subdivision shall operate to allow the withholdingof information concerning the overall costs or expenses associated withundercover operations or protective details; and
11. Records of (i) background investigations of applicants forlaw-enforcement agency employment, (ii) administrative investigationsrelating to allegations of wrongdoing by employees of a law-enforcementagency, and (iii) other administrative investigations conducted bylaw-enforcement agencies that are made confidential by law.
G. Records kept by law-enforcement agencies as required by § 15.2-1722 shallbe subject to the provisions of this chapter except that those portions ofnoncriminal incident or other investigative reports or materials that containidentifying information of a personal, medical or financial nature may bewithheld where the release of such information would jeopardize the safety orprivacy of any person.
H. Records of the Sex Offender and Crimes Against Minors Registry maintainedby the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.)of Title 9.1 are excluded from the provisions of this chapter, includinginformation obtained from state, local and regional officials, except to theextent that information is required to be posted on the Internet pursuant to§ 9.1-913.
I. In the event of conflict between this section as it relates to requestsmade under this section and other provisions of law, this section shallcontrol.
(1999, cc. 703, 726, § 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc. 393,715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010, c.627.)
§ 2.2-3706. Disclosure of criminal records; limitations.
A. As used in this section:
"Criminal incident information" means a general description of the criminalactivity reported, the date and general location the alleged crime wascommitted, the identity of the investigating officer, and a generaldescription of any injuries suffered or property damaged or stolen.
"Criminal investigative file" means any documents and information includingcomplaints, court orders, memoranda, notes, diagrams, maps, photographs,correspondence, reports, witness statements, and evidence relating to acriminal investigation or prosecution, other than criminal incidentinformation.
B. Law-enforcement agencies shall make available upon request criminalincident information relating to felony offenses. However, where the releaseof criminal incident information is likely to jeopardize an ongoinginvestigation or prosecution, or the safety of an individual; cause a suspectto flee or evade detection; or result in the destruction of evidence, suchinformation may be withheld until the above-referenced damage is no longerlikely to occur from release of the information. Nothing in this subsectionshall be construed to prohibit the release of those portions of suchinformation that are not likely to cause the above-referenced damage.
C. Information in the custody of law-enforcement agencies relative to theidentity of any individual, other than a juvenile, who is arrested andcharged, and the status of the charge or arrest shall be released.
D. The identity of any victim, witness or undercover officer, orinvestigative techniques or procedures need not but may be disclosed unlessdisclosure is prohibited or restricted under § 19.2-11.2.
E. The identity of any individual providing information about a crime orcriminal activity under a promise of anonymity shall not be disclosed.
F. The following records are excluded from the provisions of this chapter,but may be disclosed by the custodian, in his discretion, except where suchdisclosure is prohibited by law:
1. Criminal investigative files as defined in subsection A;
2. Adult arrestee photographs when necessary to avoid jeopardizing aninvestigation in felony cases until such time as the release of thephotograph will no longer jeopardize the investigation;
3. Reports submitted in confidence to (i) state and local law-enforcementagencies, (ii) investigators authorized pursuant to § 53.1-16 or § 66-3.1,and (iii) campus police departments of public institutions of highereducation established pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;
4. Portions of records of local government crime commissions that wouldidentify individuals providing information about crimes or criminalactivities under a promise of anonymity;
5. Records of local law-enforcement agencies relating to neighborhood watchprograms that include the names, addresses, and operating schedules ofindividual participants in the program that are provided to such agenciesunder a promise of anonymity;
6. All records of persons imprisoned in penal institutions in theCommonwealth provided such records relate to the imprisonment;
7. Records of law-enforcement agencies, to the extent that such recordscontain specific tactical plans, the disclosure of which would jeopardize thesafety or security of law-enforcement personnel or the general public;
8. All records of adult persons under (i) investigation or supervision by alocal pretrial services agency in accordance with Article 5 (§ 19.2-152.2 etseq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervisionor monitoring by a local community-based probation services agency inaccordance with Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1; or(iii) investigation or supervision by state probation and parole services inaccordance with Article 2 (§ 53.1-141 et seq.) of Chapter 4 of Title 53.1;
9. Records of a law-enforcement agency to the extent that they disclose thetelephone numbers for cellular telephones, pagers, or comparable portablecommunication devices provided to its personnel for use in the performance oftheir official duties;
10. Those portions of any records containing information related toundercover operations or protective details that would reveal the staffing,logistics, or tactical plans of such undercover operations or protectivedetails. Nothing in this subdivision shall operate to allow the withholdingof information concerning the overall costs or expenses associated withundercover operations or protective details; and
11. Records of (i) background investigations of applicants forlaw-enforcement agency employment, (ii) administrative investigationsrelating to allegations of wrongdoing by employees of a law-enforcementagency, and (iii) other administrative investigations conducted bylaw-enforcement agencies that are made confidential by law.
G. Records kept by law-enforcement agencies as required by § 15.2-1722 shallbe subject to the provisions of this chapter except that those portions ofnoncriminal incident or other investigative reports or materials that containidentifying information of a personal, medical or financial nature may bewithheld where the release of such information would jeopardize the safety orprivacy of any person.
H. Records of the Sex Offender and Crimes Against Minors Registry maintainedby the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.)of Title 9.1 are excluded from the provisions of this chapter, includinginformation obtained from state, local and regional officials, except to theextent that information is required to be posted on the Internet pursuant to§ 9.1-913.
I. In the event of conflict between this section as it relates to requestsmade under this section and other provisions of law, this section shallcontrol.
(1999, cc. 703, 726, § 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc. 393,715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010, c.627.)
