§ 9.1-132. Individual's right of access to and review and correction ofinformation.
A. Any individual who believes that criminal history record information isbeing maintained about him by the Central Criminal Records Exchange (the"Exchange"), or by the arresting law-enforcement agency in the case ofoffenses not required to be reported to the Exchange, shall have the right toinspect a copy of his criminal history record information at the Exchange orthe arresting law-enforcement agency, respectively, for the purpose ofascertaining the completeness and accuracy of the information. Theindividual's right to access and review shall not extend to any informationor data other than that defined in § 9.1-101.
B. The Board shall adopt regulations with respect to an individual's right toaccess and review criminal history record information about himself reportedto the Exchange or, if not reported to the Exchange, maintained by thearresting law-enforcement agency. The regulations shall provide for (i)public notice of the right of access; (ii) access to criminal history recordinformation by an individual or an attorney-at-law acting for an individual;(iii) the submission of identification; (iv) the places and times for review;(v) review of Virginia records by individuals located in other states; (vi)assistance in understanding the record; (vii) obtaining a copy for purposesof initiating a challenge to the record; (viii) procedures for investigationof alleged incompleteness or inaccuracy; (ix) completion or correction ofrecords if indicated; and (x) notification of the individuals and agencies towhom an inaccurate or incomplete record has been disseminated.
C. If an individual believes information maintained about him is inaccurateor incomplete, he may request the agency having custody or control of therecords to purge, modify, or supplement them. Should the agency decline to soact, or should the individual believe the agency's decision to be otherwiseunsatisfactory, the individual may make written request for review by theBoard. The Board or its designee shall, in each case in which it finds primafacie basis for a complaint, conduct a hearing at which the individual mayappear with counsel, present evidence, and examine and cross-examinewitnesses. The Board shall issue written findings and conclusions. Should therecord in question be found to be inaccurate or incomplete, the criminaljustice agency maintaining the information shall purge, modify, or supplementit in accordance with the findings and conclusions of the Board. Notificationof purging, modification, or supplementation of criminal history recordinformation shall be promptly made by the criminal justice agency maintainingthe previously inaccurate information to any individuals or agencies to whichthe information in question was communicated, as well as to the individualwho is the subject of the records.
D. Criminal justice agencies shall maintain records of all agencies to whomcriminal history record information has been disseminated, the date uponwhich the information was disseminated, and such other record matter for thenumber of years required by regulations of the Board.
E. Any individual or agency aggrieved by any order or decision of the Boardmay appeal the order or decision in accordance with the AdministrativeProcess Act (§ 2.2-4000 et seq.).
(1981, c. 632, § 9-192; 1986, c. 615; 2001, c. 844.)
§ 9.1-132. Individual's right of access to and review and correction ofinformation.
A. Any individual who believes that criminal history record information isbeing maintained about him by the Central Criminal Records Exchange (the"Exchange"), or by the arresting law-enforcement agency in the case ofoffenses not required to be reported to the Exchange, shall have the right toinspect a copy of his criminal history record information at the Exchange orthe arresting law-enforcement agency, respectively, for the purpose ofascertaining the completeness and accuracy of the information. Theindividual's right to access and review shall not extend to any informationor data other than that defined in § 9.1-101.
B. The Board shall adopt regulations with respect to an individual's right toaccess and review criminal history record information about himself reportedto the Exchange or, if not reported to the Exchange, maintained by thearresting law-enforcement agency. The regulations shall provide for (i)public notice of the right of access; (ii) access to criminal history recordinformation by an individual or an attorney-at-law acting for an individual;(iii) the submission of identification; (iv) the places and times for review;(v) review of Virginia records by individuals located in other states; (vi)assistance in understanding the record; (vii) obtaining a copy for purposesof initiating a challenge to the record; (viii) procedures for investigationof alleged incompleteness or inaccuracy; (ix) completion or correction ofrecords if indicated; and (x) notification of the individuals and agencies towhom an inaccurate or incomplete record has been disseminated.
C. If an individual believes information maintained about him is inaccurateor incomplete, he may request the agency having custody or control of therecords to purge, modify, or supplement them. Should the agency decline to soact, or should the individual believe the agency's decision to be otherwiseunsatisfactory, the individual may make written request for review by theBoard. The Board or its designee shall, in each case in which it finds primafacie basis for a complaint, conduct a hearing at which the individual mayappear with counsel, present evidence, and examine and cross-examinewitnesses. The Board shall issue written findings and conclusions. Should therecord in question be found to be inaccurate or incomplete, the criminaljustice agency maintaining the information shall purge, modify, or supplementit in accordance with the findings and conclusions of the Board. Notificationof purging, modification, or supplementation of criminal history recordinformation shall be promptly made by the criminal justice agency maintainingthe previously inaccurate information to any individuals or agencies to whichthe information in question was communicated, as well as to the individualwho is the subject of the records.
D. Criminal justice agencies shall maintain records of all agencies to whomcriminal history record information has been disseminated, the date uponwhich the information was disseminated, and such other record matter for thenumber of years required by regulations of the Board.
E. Any individual or agency aggrieved by any order or decision of the Boardmay appeal the order or decision in accordance with the AdministrativeProcess Act (§ 2.2-4000 et seq.).
(1981, c. 632, § 9-192; 1986, c. 615; 2001, c. 844.)
§ 9.1-132. Individual's right of access to and review and correction ofinformation.
A. Any individual who believes that criminal history record information isbeing maintained about him by the Central Criminal Records Exchange (the"Exchange"), or by the arresting law-enforcement agency in the case ofoffenses not required to be reported to the Exchange, shall have the right toinspect a copy of his criminal history record information at the Exchange orthe arresting law-enforcement agency, respectively, for the purpose ofascertaining the completeness and accuracy of the information. Theindividual's right to access and review shall not extend to any informationor data other than that defined in § 9.1-101.
B. The Board shall adopt regulations with respect to an individual's right toaccess and review criminal history record information about himself reportedto the Exchange or, if not reported to the Exchange, maintained by thearresting law-enforcement agency. The regulations shall provide for (i)public notice of the right of access; (ii) access to criminal history recordinformation by an individual or an attorney-at-law acting for an individual;(iii) the submission of identification; (iv) the places and times for review;(v) review of Virginia records by individuals located in other states; (vi)assistance in understanding the record; (vii) obtaining a copy for purposesof initiating a challenge to the record; (viii) procedures for investigationof alleged incompleteness or inaccuracy; (ix) completion or correction ofrecords if indicated; and (x) notification of the individuals and agencies towhom an inaccurate or incomplete record has been disseminated.
C. If an individual believes information maintained about him is inaccurateor incomplete, he may request the agency having custody or control of therecords to purge, modify, or supplement them. Should the agency decline to soact, or should the individual believe the agency's decision to be otherwiseunsatisfactory, the individual may make written request for review by theBoard. The Board or its designee shall, in each case in which it finds primafacie basis for a complaint, conduct a hearing at which the individual mayappear with counsel, present evidence, and examine and cross-examinewitnesses. The Board shall issue written findings and conclusions. Should therecord in question be found to be inaccurate or incomplete, the criminaljustice agency maintaining the information shall purge, modify, or supplementit in accordance with the findings and conclusions of the Board. Notificationof purging, modification, or supplementation of criminal history recordinformation shall be promptly made by the criminal justice agency maintainingthe previously inaccurate information to any individuals or agencies to whichthe information in question was communicated, as well as to the individualwho is the subject of the records.
D. Criminal justice agencies shall maintain records of all agencies to whomcriminal history record information has been disseminated, the date uponwhich the information was disseminated, and such other record matter for thenumber of years required by regulations of the Board.
E. Any individual or agency aggrieved by any order or decision of the Boardmay appeal the order or decision in accordance with the AdministrativeProcess Act (§ 2.2-4000 et seq.).
(1981, c. 632, § 9-192; 1986, c. 615; 2001, c. 844.)
