{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-301.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-301.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-301.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-301.html"}],"law_id":74120,"edition_id":1,"section_id":74120,"structure_id":13940,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","history":"Code 1950, \u00a7 16.1-163; 1956, c. 555; 1977, cc. 559, 618; 1978, c. 740; 1981, c. 175; 1993, cc. 468, 926; 1994, cc. 859, 949; 1995, c. 752; 1996, cc. 755, 914; 1997, c. 430; 2000, c. 211; 2001, c. 770; 2003, c. 119; 2005, c. 683; 2009, c. 286; 2013, c. 769; 2016, c. 234; 2022, cc. 455, 456, 542.","full_text":"A\n\nThe court shall require all law-enforcement agencies to take special precautions to ensure that law-enforcement records concerning a juvenile are protected against disclosure to any unauthorized person. The police departments of the cities of the Commonwealth, and the police departments or sheriffs of the counties of the Commonwealth, as the case may be, shall keep separate records as to violations of law committed by juveniles other than violations of motor vehicle laws. Such records with respect to such juvenile shall not be open to public inspection nor their contents disclosed to the public unless a juvenile 14 years of age or older is charged with a violent juvenile felony as specified in subsections B and C of &#xA7; 16.1-269.1.B\n\nNotwithstanding any other provision of law, the chief of police or sheriff of a jurisdiction or his designee shall disclose, for the protection of the juvenile, his fellow students and school personnel, to the school principal that a juvenile has been charged with or may disclose when a juvenile is a suspect in (i) a violent juvenile felony, as specified in subsections B and C of &#xA7; 16.1-269.1; (ii) a violation of any of the provisions of Article 1 (&#xA7; 18.2-77 et seq.) of Chapter 5 of Title 18.2; (iii) a violation of law involving any weapon as described in subsection A of &#xA7; 18.2-308; or (iv) a violation of law as described in subsection G of &#xA7; 16.1-260. If a chief of police or sheriff or a designee has disclosed to a school principal pursuant to this section that a juvenile is a suspect in or has been charged with a crime as specified in clauses (i) through (iv), upon a court disposition of a proceeding regarding such crime in which a juvenile is adjudicated delinquent, convicted, found not guilty or the charges are reduced, the chief of police or sheriff or a designee shall, within 15 days of the expiration of the appeal period, if there is no notice of appeal, provide notice of the disposition ordered by the court to the school principal to whom disclosure was made. If the court defers disposition or if charges are withdrawn, dismissed or nolle prosequi, the chief of police or sheriff or a designee shall, within 15 days of such action provide notice of such action to the school principal to whom disclosure was made. If charges are withdrawn in intake or handled informally without a court disposition or if charges are not filed within 90 days of the initial disclosure, the chief of police or sheriff or a designee shall so notify the school principal to whom disclosure was made. In addition to any other disclosure that is permitted by this subsection, the principal in his discretion may provide such information to a threat assessment team established by the local school division. No member of a threat assessment team shall (a) disclose any juvenile record information obtained pursuant to this section or (b) use such information for any purpose other than evaluating threats to students and school personnel. For the purposes of this subsection, &#8220;principal&#8221; also refers to the chief administrator of any private primary or secondary school.C\n\nInspection of law-enforcement records concerning juveniles shall be permitted only by the following:1\n\nA court having the juvenile currently before it in any proceeding;2\n\nThe officers of public and nongovernmental institutions or agencies to which the juvenile is currently committed, and those responsible for his supervision after release;3\n\nAny other person, agency, or institution, by order of the court, having a legitimate interest in the case or in the work of the law-enforcement agency;4\n\nLaw-enforcement officers of other jurisdictions, by order of the court, when necessary for the discharge of their current official duties;5\n\nThe probation and other professional staff of a court in which the juvenile is subsequently convicted of a criminal offense for the purpose of a presentence report or other dispositional proceedings, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him;6\n\nThe juvenile, the parent, guardian, or other custodian of the juvenile, and counsel for the juvenile only if (i) no other law or rule of the Supreme Court of Virginia requires or allows withholding of the record; (ii) the parent, guardian, or other custodian requesting the record is not a suspect, offender, or person of interest in the record; and (iii) any identifying information of any other involved juveniles is redacted; and7\n\nAs provided in &#xA7;&#xA7; 19.2-389.1 and 19.2-390.D\n\nThe police departments of the cities and towns and the police departments or sheriffs of the counties may release, upon request to one another and to state and federal law-enforcement agencies, and to law-enforcement agencies in other states, current information on juvenile arrests. The information exchanged shall be used by the receiving agency for current investigation purposes only and shall not result in the creation of new files or records on individual juveniles on the part of the receiving agency.E\n\nUpon request, the police departments of the cities and towns and the police departments or sheriffs of the counties may release current information on juvenile arrests or juvenile victims to the Virginia Workers&#8217; Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime, and such information shall not be disseminated or used by the Commission for any other purpose than provided in &#xA7; 19.2-368.3.F\n\nNothing in this section shall prohibit the exchange of other criminal investigative or intelligence information among law-enforcement agencies.G\n\nNothing in this section shall prohibit the disclosure of law-enforcement records concerning a juvenile to a court services unit-authorized diversion program in accordance with this chapter, which includes programs authorized by subdivision 1 of &#xA7; 16.1-227 and &#xA7; 16.1-260. Such records shall not be further disclosed by the authorized diversion program or any participants therein. Law-enforcement officers may prohibit a disclosure to such a program to protect a criminal investigation or intelligence information.H\n\nNothing in this section shall prohibit the disclosure of accident reports and other reports required to be made to the Department of Motor Vehicles pursuant to &#xA7; 46.2-374 involving a juvenile even if such reports are in the custody of a law-enforcement agency or were created by a law-enforcement officer.","order_by":null,"text":{"0":{"id":266540,"text":"The court shall require all law-enforcement agencies to take special precautions to ensure that law-enforcement records concerning a juvenile are protected against disclosure to any unauthorized person. The police departments of the cities of the Commonwealth, and the police departments or sheriffs of the counties of the Commonwealth, as the case may be, shall keep separate records as to violations of law committed by juveniles other than violations of motor vehicle laws. Such records with respect to such juvenile shall not be open to public inspection nor their contents disclosed to the public unless a juvenile 14 years of age or older is charged with a violent juvenile felony as specified in subsections B and C of &#xA7; 16.1-269.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266541,"text":"Notwithstanding any other provision of law, the chief of police or sheriff of a jurisdiction or his designee shall disclose, for the protection of the juvenile, his fellow students and school personnel, to the school principal that a juvenile has been charged with or may disclose when a juvenile is a suspect in (i) a violent juvenile felony, as specified in subsections B and C of &#xA7; 16.1-269.1; (ii) a violation of any of the provisions of Article 1 (&#xA7; 18.2-77 et seq.) of Chapter 5 of Title 18.2; (iii) a violation of law involving any weapon as described in subsection A of &#xA7; 18.2-308; or (iv) a violation of law as described in subsection G of &#xA7; 16.1-260. If a chief of police or sheriff or a designee has disclosed to a school principal pursuant to this section that a juvenile is a suspect in or has been charged with a crime as specified in clauses (i) through (iv), upon a court disposition of a proceeding regarding such crime in which a juvenile is adjudicated delinquent, convicted, found not guilty or the charges are reduced, the chief of police or sheriff or a designee shall, within 15 days of the expiration of the appeal period, if there is no notice of appeal, provide notice of the disposition ordered by the court to the school principal to whom disclosure was made. If the court defers disposition or if charges are withdrawn, dismissed or nolle prosequi, the chief of police or sheriff or a designee shall, within 15 days of such action provide notice of such action to the school principal to whom disclosure was made. If charges are withdrawn in intake or handled informally without a court disposition or if charges are not filed within 90 days of the initial disclosure, the chief of police or sheriff or a designee shall so notify the school principal to whom disclosure was made. In addition to any other disclosure that is permitted by this subsection, the principal in his discretion may provide such information to a threat assessment team established by the local school division. No member of a threat assessment team shall (a) disclose any juvenile record information obtained pursuant to this section or (b) use such information for any purpose other than evaluating threats to students and school personnel. For the purposes of this subsection, &#8220;principal&#8221; also refers to the chief administrator of any private primary or secondary school.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266542,"text":"Inspection of law-enforcement records concerning juveniles shall be permitted only by the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":266543,"text":"A court having the juvenile currently before it in any proceeding;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":266544,"text":"The officers of public and nongovernmental institutions or agencies to which the juvenile is currently committed, and those responsible for his supervision after release;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":266545,"text":"Any other person, agency, or institution, by order of the court, having a legitimate interest in the case or in the work of the law-enforcement agency;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":266546,"text":"Law-enforcement officers of other jurisdictions, by order of the court, when necessary for the discharge of their current official duties;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":266547,"text":"The probation and other professional staff of a court in which the juvenile is subsequently convicted of a criminal offense for the purpose of a presentence report or other dispositional proceedings, or by officials of penal institutions and other penal facilities to which he is committed, or by a parole board in considering his parole or discharge or in exercising supervision over him;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":266548,"text":"The juvenile, the parent, guardian, or other custodian of the juvenile, and counsel for the juvenile only if (i) no other law or rule of the Supreme Court of Virginia requires or allows withholding of the record; (ii) the parent, guardian, or other custodian requesting the record is not a suspect, offender, or person of interest in the record; and (iii) any identifying information of any other involved juveniles is redacted; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":266549,"text":"As provided in &#xA7;&#xA7; 19.2-389.1 and 19.2-390.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"10":{"id":266550,"text":"The police departments of the cities and towns and the police departments or sheriffs of the counties may release, upon request to one another and to state and federal law-enforcement agencies, and to law-enforcement agencies in other states, current information on juvenile arrests. The information exchanged shall be used by the receiving agency for current investigation purposes only and shall not result in the creation of new files or records on individual juveniles on the part of the receiving agency.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7","next_prefix":"E"},"11":{"id":266551,"text":"Upon request, the police departments of the cities and towns and the police departments or sheriffs of the counties may release current information on juvenile arrests or juvenile victims to the Virginia Workers&#8217; Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime, and such information shall not be disseminated or used by the Commission for any other purpose than provided in &#xA7; 19.2-368.3.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"12":{"id":266552,"text":"Nothing in this section shall prohibit the exchange of other criminal investigative or intelligence information among law-enforcement agencies.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"13":{"id":266553,"text":"Nothing in this section shall prohibit the disclosure of law-enforcement records concerning a juvenile to a court services unit-authorized diversion program in accordance with this chapter, which includes programs authorized by subdivision 1 of &#xA7; 16.1-227 and &#xA7; 16.1-260. Such records shall not be further disclosed by the authorized diversion program or any participants therein. Law-enforcement officers may prohibit a disclosure to such a program to protect a criminal investigation or intelligence information.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":266554,"text":"Nothing in this section shall prohibit the disclosure of accident reports and other reports required to be made to the Department of Motor Vehicles pursuant to &#xA7; 46.2-374 involving a juvenile even if such reports are in the custody of a law-enforcement agency or were created by a law-enforcement officer.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13940,"edition_id":1,"name":"Confidentiality and Expungement","identifier":"12","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:46:21","date_modified":"2026-06-26 03:46:21","permalink":{"id":161017,"object_type":"structure","relational_id":13940,"identifier":"12","token":"16.1\/11\/12","url":"\/16.1\/11\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84235,"structure_id":13940,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","url":"\/16.1-299\/","token":"16.1\/11\/12\/16.1-299","metadata":false},{"id":64607,"structure_id":13940,"section_number":"16.1-299.1","catch_line":"Sample required for DNA analysis upon conviction or adjudication of felony","url":"\/16.1-299.1\/","token":"16.1\/11\/12\/16.1-299.1","metadata":false},{"id":54996,"structure_id":13940,"section_number":"16.1-299.2","catch_line":"Repealed","url":"\/16.1-299.2\/","token":"16.1\/11\/12\/16.1-299.2","metadata":false},{"id":86382,"structure_id":13940,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","url":"\/16.1-300\/","token":"16.1\/11\/12\/16.1-300","metadata":false},{"id":74120,"structure_id":13940,"section_number":"16.1-301","catch_line":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","url":"\/16.1-301\/","token":"16.1\/11\/12\/16.1-301","metadata":false},{"id":64090,"structure_id":13940,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","url":"\/16.1-302\/","token":"16.1\/11\/12\/16.1-302","metadata":false},{"id":70200,"structure_id":13940,"section_number":"16.1-302.1","catch_line":"Right of victim or representative to attend certain proceedings; notice of hearings","url":"\/16.1-302.1\/","token":"16.1\/11\/12\/16.1-302.1","metadata":false},{"id":62170,"structure_id":13940,"section_number":"16.1-303","catch_line":"Reports of court officials and employees when privileged","url":"\/16.1-303\/","token":"16.1\/11\/12\/16.1-303","metadata":false},{"id":57650,"structure_id":13940,"section_number":"16.1-304","catch_line":"Repealed","url":"\/16.1-304\/","token":"16.1\/11\/12\/16.1-304","metadata":false},{"id":87014,"structure_id":13940,"section_number":"16.1-305","catch_line":"Confidentiality of court records","url":"\/16.1-305\/","token":"16.1\/11\/12\/16.1-305","metadata":false},{"id":83654,"structure_id":13940,"section_number":"16.1-305.01","catch_line":"Access to child and spousal support case files","url":"\/16.1-305.01\/","token":"16.1\/11\/12\/16.1-305.01","metadata":false},{"id":61575,"structure_id":13940,"section_number":"16.1-305.1","catch_line":"Disclosure of disposition in certain delinquency cases","url":"\/16.1-305.1\/","token":"16.1\/11\/12\/16.1-305.1","metadata":false},{"id":72253,"structure_id":13940,"section_number":"16.1-305.2","catch_line":"Disclosure of notice of the filing of a petition and certain reports by division superintendent","url":"\/16.1-305.2\/","token":"16.1\/11\/12\/16.1-305.2","metadata":false},{"id":66357,"structure_id":13940,"section_number":"16.1-306","catch_line":"Expungement of court records","url":"\/16.1-306\/","token":"16.1\/11\/12\/16.1-306","metadata":false},{"id":83957,"structure_id":13940,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","url":"\/16.1-307\/","token":"16.1\/11\/12\/16.1-307","metadata":false},{"id":82034,"structure_id":13940,"section_number":"16.1-308","catch_line":"Effect of adjudication on status of child","url":"\/16.1-308\/","token":"16.1\/11\/12\/16.1-308","metadata":false},{"id":78870,"structure_id":13940,"section_number":"16.1-309","catch_line":"Penalty","url":"\/16.1-309\/","token":"16.1\/11\/12\/16.1-309","metadata":false},{"id":63770,"structure_id":13940,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","url":"\/16.1-309.1\/","token":"16.1\/11\/12\/16.1-309.1","metadata":false}],"previous_section":{"id":86382,"structure_id":13940,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","url":"\/16.1-300\/","token":"16.1\/11\/12\/16.1-300","metadata":false},"next_section":{"id":64090,"structure_id":13940,"section_number":"16.1-302","catch_line":"Dockets, indices, and order books; when hearings and records private; right to public hearing; presence of juvenile in court","url":"\/16.1-302\/","token":"16.1\/11\/12\/16.1-302","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-301\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1956, chapter 555; in 1977, chapters 559 and 618; in 1978, chapter 740; in 1981, chapter 175; in 1993, chapters 468 and 926; in 1994, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0859\">859<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0949\">949<\/a>; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0752\">752<\/a>; in 1996, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0755\">755<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0914\">914<\/a>; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0430\">430<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0211\">211<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0770\">770<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0119\">119<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0683\">683<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0286\">286<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0769\">769<\/a>; in 2016, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0234\">234<\/a>; in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0455\">455<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0456\">456<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0542\">542<\/a>.<\/p>","references":[{"id":78870,"section_number":"16.1-309","catch_line":"Penalty","order_by":null,"url":"\/16.1-309\/"}],"refers_to":[{"id":56028,"section_number":"16.1-227","catch_line":"Purpose and intent","order_by":null,"url":"\/16.1-227\/"},{"id":57160,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","order_by":null,"url":"\/16.1-260\/"},{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":56600,"section_number":"18.2-308","catch_line":"Carrying concealed weapons; exceptions; penalty","order_by":null,"url":"\/18.2-308\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":63594,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":75021,"section_number":"46.2-374","catch_line":"Department to prepare and supply forms for reports","order_by":null,"url":"\/46.2-374\/"}],"permalink":{"id":161035,"object_type":"law","relational_id":74120,"identifier":"16.1-301","token":"16.1\/11\/12\/16.1-301","url":"\/16.1-301\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-301\/","token":"16.1\/11\/12\/16.1-301","dublin_core":{"Title":"Confidentiality of juvenile law-enforcement records; disclosures to school principal and others","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-301","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> <span class=\"dictionary\">The court<\/span> shall require all <span class=\"dictionary\">law<\/span>-enforcement agencies to take special precautions to ensure that <span class=\"dictionary\">law<\/span>-enforcement records concerning a juvenile are protected against disclosure to any unauthorized person. The police <span class=\"dictionary\">departments<\/span> of the cities of the Commonwealth, and the police <span class=\"dictionary\">departments<\/span> or sheriffs of the counties of the Commonwealth, as the case may be, shall keep separate records as to violations of <span class=\"dictionary\">law<\/span> committed by juveniles other than violations of motor vehicle <span class=\"dictionary\">laws<\/span>. Such records with respect to such juvenile shall not be open to public inspection nor their contents disclosed to the public unless a juvenile 14 years of age or older is charged with a <span class=\"dictionary\">violent juvenile felony<\/span> as specified in subsections B and C of &#xA7; <a class=\"law\" title=\"Trial in circuit court; preliminary hearing; direct indictment; remand\" href=\"\/16.1-269.1\/\">16.1-269.1<\/a>. <a id=\"paragraph-266540\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, the chief of police or sheriff of a <span class=\"dictionary\">jurisdiction<\/span> or his designee shall disclose, for the protection of the juvenile, his fellow students and school personnel, to the school principal that a juvenile has been charged with or may disclose when a juvenile is a suspect in (i) a <span class=\"dictionary\">violent juvenile felony<\/span>, as specified in subsections B and C of &#xA7; <a class=\"law\" title=\"Trial in circuit court; preliminary hearing; direct indictment; remand\" href=\"\/16.1-269.1\/\">16.1-269.1<\/a>; (ii) a violation of any of the provisions of Article 1 (&#xA7; <a class=\"law\" title=\"Burning or destroying dwelling house, etc\" href=\"\/18.2-77\/\">18.2-77<\/a> et seq.) of Chapter 5 of Title 18.2; (iii) a violation of <span class=\"dictionary\">law<\/span> involving any weapon as described in subsection A of &#xA7; <a class=\"law\" title=\"Carrying concealed weapons; exceptions; penalty\" href=\"\/18.2-308\/\">18.2-308<\/a>; or (iv) a violation of <span class=\"dictionary\">law<\/span> as described in subsection G of &#xA7; <a class=\"law\" title=\"Intake; petition; investigation\" href=\"\/16.1-260\/\">16.1-260<\/a>. If a chief of police or sheriff or a designee has disclosed to a school principal pursuant to this section that a juvenile is a suspect in or has been charged with a <span class=\"dictionary\">crime<\/span> as specified in clauses (i) through (iv), upon a court <span class=\"dictionary\">disposition<\/span> of a proceeding regarding such <span class=\"dictionary\">crime<\/span> in which a juvenile is adjudicated delinquent, convicted, found not guilty or the charges are reduced, the chief of police or sheriff or a designee shall, within 15 days of the expiration of the appeal period, if there is no <span class=\"dictionary\">notice of appeal<\/span>, provide notice of the <span class=\"dictionary\">disposition<\/span> ordered by <span class=\"dictionary\">the court<\/span> to the school principal to whom disclosure was made. If <span class=\"dictionary\">the court<\/span> defers <span class=\"dictionary\">disposition<\/span> or if charges are withdrawn, dismissed or <span class=\"dictionary\">nolle prosequi<\/span>, the chief of police or sheriff or a designee shall, within 15 days of such action provide notice of such action to the school principal to whom disclosure was made. If charges are withdrawn in intake or handled informally without a court <span class=\"dictionary\">disposition<\/span> or if charges are not filed within 90 days of the initial disclosure, the chief of police or sheriff or a designee shall so notify the school principal to whom disclosure was made. In addition to any other disclosure that is permitted by this subsection, the principal in his discretion may provide such information to a threat assessment team established by the local school division. No member of a threat assessment team shall (a) disclose any juvenile record information obtained pursuant to this section or (b) use such information for any purpose other than evaluating threats to students and school personnel. For the purposes of this subsection, &#8220;principal&#8221; also refers to the chief administrator of any private primary or secondary school. <a id=\"paragraph-266541\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Inspection of <span class=\"dictionary\">law<\/span>-enforcement records concerning juveniles shall be permitted only by the following: <a id=\"paragraph-266542\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A court having the juvenile currently before it in any proceeding; <a id=\"paragraph-266543\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The officers of public and nongovernmental institutions or agencies to which the juvenile is currently committed, and those responsible for his supervision after release; <a id=\"paragraph-266544\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any other person, agency, or institution, by <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">the court<\/span>, having a legitimate interest in the case or in the work of <span class=\"dictionary\">the law<\/span>-enforcement agency; <a id=\"paragraph-266545\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Law-enforcement officers of other <span class=\"dictionary\">jurisdictions<\/span>, by <span class=\"dictionary\">order<\/span> of <span class=\"dictionary\">the court<\/span>, when necessary for the discharge of their current official duties; <a id=\"paragraph-266546\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The <span class=\"dictionary\">probation<\/span> and other professional staff of a court in which the juvenile is subsequently convicted of a criminal <span class=\"dictionary\">offense<\/span> for the purpose of a <span class=\"dictionary\">presentence report<\/span> or other dispositional proceedings, or by officials of penal institutions and other penal facilities to which he is committed, or by a <span class=\"dictionary\">parole<\/span> board in considering his <span class=\"dictionary\">parole<\/span> or discharge or in exercising supervision over him; <a id=\"paragraph-266547\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> The juvenile, the parent, guardian, or other custodian of the juvenile, and <span class=\"dictionary\">counsel<\/span> for the juvenile only if (i) no other law or rule of the Supreme Court of Virginia requires or allows withholding of the record; (ii) the parent, guardian, or other custodian requesting the record is not a suspect, offender, or person of interest in the record; and (iii) any identifying information of any other involved juveniles is redacted; and <a id=\"paragraph-266548\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> As provided in &#xA7;&#xA7; <a class=\"law\" title=\"Dissemination of juvenile record information\" href=\"\/19.2-389.1\/\">19.2-389.1<\/a> and <a class=\"law\" title=\"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies\" href=\"\/19.2-390\/\">19.2-390<\/a>. <a id=\"paragraph-266549\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#C7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The police <span class=\"dictionary\">departments<\/span> of the cities and towns and the police <span class=\"dictionary\">departments<\/span> or sheriffs of the counties may release, upon request to one another and to state and federal law-enforcement agencies, and to law-enforcement agencies in other states, current information on juvenile <span class=\"dictionary\">arrests<\/span>. The information exchanged shall be used by the receiving agency for current investigation purposes only and shall not result in the creation of new files or records on individual juveniles on the part of the receiving agency. <a id=\"paragraph-266550\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Upon request, the police <span class=\"dictionary\">departments<\/span> of the cities and towns and the police <span class=\"dictionary\">departments<\/span> or sheriffs of the counties may release current information on juvenile <span class=\"dictionary\">arrests<\/span> or juvenile victims to the Virginia Workers&#8217; Compensation Commission solely for purposes of determining whether to make an award to the victim of a <span class=\"dictionary\">crime<\/span>, and such information shall not be disseminated or used by the Commission for any other purpose than provided in &#xA7; <a class=\"law\" title=\"Powers and duties of Commission\" href=\"\/19.2-368.3\/\">19.2-368.3<\/a>. <a id=\"paragraph-266551\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Nothing in this section shall prohibit the exchange of other criminal investigative or intelligence information among law-enforcement agencies. <a id=\"paragraph-266552\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Nothing in this section shall prohibit the disclosure of law-enforcement records concerning a juvenile to a court services unit-authorized <span class=\"dictionary\">diversion<\/span> program in accordance with this chapter, which includes programs authorized by subdivision 1 of &#xA7; <a class=\"law\" title=\"Purpose and intent\" href=\"\/16.1-227\/\">16.1-227<\/a> and &#xA7; <a class=\"law\" title=\"Intake; petition; investigation\" href=\"\/16.1-260\/\">16.1-260<\/a>. Such records shall not be further disclosed by the authorized <span class=\"dictionary\">diversion<\/span> program or any participants therein. Law-enforcement officers may prohibit a disclosure to such a program to protect a criminal investigation or intelligence information. <a id=\"paragraph-266553\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> Nothing in this section shall prohibit the disclosure of accident reports and other reports required to be made to the <span class=\"dictionary\">Department<\/span> of Motor Vehicles pursuant to &#xA7; <a class=\"law\" title=\"Department to prepare and supply forms for reports\" href=\"\/46.2-374\/\">46.2-374<\/a> involving a juvenile even if such reports are in the <span class=\"dictionary\">custody<\/span> of a law-enforcement agency or were created by a law-enforcement officer. <a id=\"paragraph-266554\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/16.1-301\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONFIDENTIALITY OF JUVENILE LAW-ENFORCEMENT RECORDS; DISCLOSURES TO SCHOOL\nPRINCIPAL AND OTHERS (\u00a7 16.1-301)\n\nA. The court shall require all law-enforcement agencies to take special\nprecautions to ensure that law-enforcement records concerning a juvenile are\nprotected against disclosure to any unauthorized person. The police departments\nof the cities of the Commonwealth, and the police departments or sheriffs of the\ncounties of the Commonwealth, as the case may be, shall keep separate records as\nto violations of law committed by juveniles other than violations of motor\nvehicle laws. Such records with respect to such juvenile shall not be open to\npublic inspection nor their contents disclosed to the public unless a juvenile\n14 years of age or older is charged with a violent juvenile felony as specified\nin subsections B and C of &#xA7; 16.1-269.1.\n\nB. Notwithstanding any other provision of law, the chief of police or sheriff of\na jurisdiction or his designee shall disclose, for the protection of the\njuvenile, his fellow students and school personnel, to the school principal that\na juvenile has been charged with or may disclose when a juvenile is a suspect in\n(i) a violent juvenile felony, as specified in subsections B and C of &#xA7;\n16.1-269.1; (ii) a violation of any of the provisions of Article 1 (&#xA7;\n18.2-77 et seq.) of Chapter 5 of Title 18.2; (iii) a violation of law involving\nany weapon as described in subsection A of &#xA7; 18.2-308; or (iv) a violation\nof law as described in subsection G of &#xA7; 16.1-260. If a chief of police or\nsheriff or a designee has disclosed to a school principal pursuant to this\nsection that a juvenile is a suspect in or has been charged with a crime as\nspecified in clauses (i) through (iv), upon a court disposition of a proceeding\nregarding such crime in which a juvenile is adjudicated delinquent, convicted,\nfound not guilty or the charges are reduced, the chief of police or sheriff or a\ndesignee shall, within 15 days of the expiration of the appeal period, if there\nis no notice of appeal, provide notice of the disposition ordered by the court\nto the school principal to whom disclosure was made. If the court defers\ndisposition or if charges are withdrawn, dismissed or nolle prosequi, the chief\nof police or sheriff or a designee shall, within 15 days of such action provide\nnotice of such action to the school principal to whom disclosure was made. If\ncharges are withdrawn in intake or handled informally without a court\ndisposition or if charges are not filed within 90 days of the initial\ndisclosure, the chief of police or sheriff or a designee shall so notify the\nschool principal to whom disclosure was made. In addition to any other\ndisclosure that is permitted by this subsection, the principal in his discretion\nmay provide such information to a threat assessment team established by the\nlocal school division. No member of a threat assessment team shall (a) disclose\nany juvenile record information obtained pursuant to this section or (b) use\nsuch information for any purpose other than evaluating threats to students and\nschool personnel. For the purposes of this subsection, &#8220;principal&#8221;\nalso refers to the chief administrator of any private primary or secondary\nschool.\n\nC. Inspection of law-enforcement records concerning juveniles shall be permitted\nonly by the following:\n\n   1. A court having the juvenile currently before it in any proceeding;\n\n   2. The officers of public and nongovernmental institutions or agencies to\n   which the juvenile is currently committed, and those responsible for his\n   supervision after release;\n\n   3. Any other person, agency, or institution, by order of the court, having a\n   legitimate interest in the case or in the work of the law-enforcement agency;\n\n   4. Law-enforcement officers of other jurisdictions, by order of the court,\n   when necessary for the discharge of their current official duties;\n\n   5. The probation and other professional staff of a court in which the juvenile\n   is subsequently convicted of a criminal offense for the purpose of a\n   presentence report or other dispositional proceedings, or by officials of\n   penal institutions and other penal facilities to which he is committed, or by\n   a parole board in considering his parole or discharge or in exercising\n   supervision over him;\n\n   6. The juvenile, the parent, guardian, or other custodian of the juvenile, and\n   counsel for the juvenile only if (i) no other law or rule of the Supreme Court\n   of Virginia requires or allows withholding of the record; (ii) the parent,\n   guardian, or other custodian requesting the record is not a suspect, offender,\n   or person of interest in the record; and (iii) any identifying information of\n   any other involved juveniles is redacted; and\n\n   7. As provided in &#xA7;&#xA7; 19.2-389.1 and 19.2-390.\n\nD. The police departments of the cities and towns and the police departments or\nsheriffs of the counties may release, upon request to one another and to state\nand federal law-enforcement agencies, and to law-enforcement agencies in other\nstates, current information on juvenile arrests. The information exchanged shall\nbe used by the receiving agency for current investigation purposes only and\nshall not result in the creation of new files or records on individual juveniles\non the part of the receiving agency.\n\nE. Upon request, the police departments of the cities and towns and the police\ndepartments or sheriffs of the counties may release current information on\njuvenile arrests or juvenile victims to the Virginia Workers&#8217; Compensation\nCommission solely for purposes of determining whether to make an award to the\nvictim of a crime, and such information shall not be disseminated or used by the\nCommission for any other purpose than provided in &#xA7; 19.2-368.3.\n\nF. Nothing in this section shall prohibit the exchange of other criminal\ninvestigative or intelligence information among law-enforcement agencies.\n\nG. Nothing in this section shall prohibit the disclosure of law-enforcement\nrecords concerning a juvenile to a court services unit-authorized diversion\nprogram in accordance with this chapter, which includes programs authorized by\nsubdivision 1 of &#xA7; 16.1-227 and &#xA7; 16.1-260. Such records shall not be\nfurther disclosed by the authorized diversion program or any participants\ntherein. Law-enforcement officers may prohibit a disclosure to such a program to\nprotect a criminal investigation or intelligence information.\n\nH. Nothing in this section shall prohibit the disclosure of accident reports and\nother reports required to be made to the Department of Motor Vehicles pursuant\nto &#xA7; 46.2-374 involving a juvenile even if such reports are in the custody\nof a law-enforcement agency or were created by a law-enforcement officer.\n\nHISTORY: Code 1950, \u00a7 16.1-163; 1956, c. 555; 1977, cc. 559, 618; 1978, c. 740;\n1981, c. 175; 1993, cc. 468, 926; 1994, cc. 859, 949; 1995, c. 752; 1996, cc.\n755, 914; 1997, c. 430; 2000, c. 211; 2001, c. 770; 2003, c. 119; 2005, c. 683;\n2009, c. 286; 2013, c. 769; 2016, c. 234; 2022, cc. 455, 456, 542.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}