{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-305.html"}],"law_id":87014,"edition_id":1,"section_id":87014,"structure_id":13940,"section_number":"16.1-305","catch_line":"Confidentiality of court records","history":"Code 1950, \u00a7 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c. 228; 1975, c. 334; 1977, c. 559; 1979, c. 605; 1983, c. 389; 1984, c. 34; 1988, c. 541; 1989, c. 182; 1990, c. 258; 1992, c. 547; 1994, c. 603; 1995, c. 430; 1996, cc. 755, 870, 914; 1998, cc. 278, 521; 2002, cc. 701, 735, 741; 2003, c. 143; 2004, c. 446; 2007, c. 133; 2009, cc. 138, 308, 740; 2021, Sp. Sess. I, c. 463.","full_text":"A\n\nSocial, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile’s case file. All juvenile case files shall be filed separately from adult files and records of the court and shall be open for inspection only to the following:1\n\nThe judge, probation officers and professional staff assigned to serve the juvenile and domestic relations district courts;2\n\nRepresentatives of a public or private agency or department providing supervision or having legal custody of the child or furnishing evaluation or treatment of the child ordered or requested by the court;3\n\nThe attorney for any party, including the attorney for the Commonwealth;4\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 court. However, for the purposes of an investigation conducted by a local community-based probation services agency, preparation of a pretrial investigation report, or of a presentence or postsentence report upon a finding of guilty in a circuit court or for the preparation of a background report for the Parole Board, adult probation and parole officers, including United States Probation and Pretrial Services Officers, any officer of a local pretrial services agency established or operated pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9 of Title 19.2, and any officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) shall have access to an accused’s or inmate’s records in juvenile court without a court order and for the purpose of preparing the discretionary sentencing guidelines worksheets and related risk assessment instruments as directed by the court pursuant to subsection C of § 19.2-298.01, the attorney for the Commonwealth and any pretrial services or probation officer shall have access to the defendant’s records in juvenile court without a court order;5\n\nAny attorney for the Commonwealth and any local pretrial services or community-based probation officer or state adult probation or parole officer shall have direct access to the defendant’s juvenile court delinquency records maintained in an electronic format by the court for the strictly limited purposes of preparing a pretrial investigation report, including any related risk assessment instrument, any presentence report, any discretionary sentencing guidelines worksheets, including related risk assessment instruments, any post-sentence investigation report or preparing for any transfer or sentencing hearing.\n\t\t\t\tA copy of the court order of disposition in a delinquency case shall be provided to a probation officer or attorney for the Commonwealth, when requested for the purpose of calculating sentencing guidelines. The copies shall remain confidential, but reports may be prepared using the information contained therein as provided in §§ 19.2-298.01 and 19.2-299.6\n\nThe Office of the Attorney General, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.A1\n\nAny person, agency, or institution that may inspect juvenile case files pursuant to subdivisions A 1 through 4 shall be authorized to have copies made of such records, subject to any restrictions, conditions, or prohibitions that the court may impose.B\n\nAll or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge in court or otherwise in a proceeding under this law shall also be made available to the parties to the proceedings and their attorneys.B1\n\nIf a juvenile 14 years of age or older at the time of the offense is adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, all court records regarding that adjudication and any subsequent adjudication of delinquency, other than those records specified in subsection A, shall be open to the public. However, if a hearing was closed, the judge may order that certain records or portions thereof remain confidential to the extent necessary to protect any juvenile victim or juvenile witness.C\n\nAll other juvenile records, including the docket, petitions, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsections A and B. However, a licensed bail bondsman shall be entitled to know the status of a bond he has posted or provided surety on for a juvenile under § 16.1-258. This shall not authorize a bail bondsman to have access to or inspect any other portion of his principal’s juvenile court records.D\n\nAttested copies of papers filed in connection with an adjudication of guilty for an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, which shows the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence in a pending criminal or traffic proceeding and that such papers will be only used for such evidentiary purpose.D1\n\nAttested copies of papers filed in connection with an adjudication of guilt for a delinquent act that would be a felony if committed by an adult, which show the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney by the juvenile, shall be furnished to an attorney for the Commonwealth upon his certification that such papers are needed as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 and that such papers will be only used for such evidentiary purpose.E\n\nUpon request, a copy of the court order of disposition in a delinquency case shall be provided to the Virginia Workers’ 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 including but not limited to actions pursuant to § 19.2-368.15.F\n\nStaff of the court services unit or the attorney for the Commonwealth shall provide notice of the disposition in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault as specified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor victim, upon request. Additionally, if the victim or parent submits a written request, the Department of Juvenile Justice shall provide advance notice of such juvenile offender’s anticipated date of release from commitment.G\n\nAny record in a juvenile case file which is open for inspection by the professional staff of the Department of Juvenile Justice pursuant to subsection A and is maintained in an electronic format by the court, may be transmitted electronically to the Department of Juvenile Justice. Any record so transmitted shall be subject to the provisions of § 16.1-300.","order_by":null,"text":{"0":{"id":311540,"text":"Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile’s case file. All juvenile case files shall be filed separately from adult files and records of the court and shall be open for inspection only to the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":311541,"text":"The judge, probation officers and professional staff assigned to serve the juvenile and domestic relations district courts;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":311542,"text":"Representatives of a public or private agency or department providing supervision or having legal custody of the child or furnishing evaluation or treatment of the child ordered or requested by the court;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":311543,"text":"The attorney for any party, including the attorney for the Commonwealth;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":311544,"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 court. However, for the purposes of an investigation conducted by a local community-based probation services agency, preparation of a pretrial investigation report, or of a presentence or postsentence report upon a finding of guilty in a circuit court or for the preparation of a background report for the Parole Board, adult probation and parole officers, including United States Probation and Pretrial Services Officers, any officer of a local pretrial services agency established or operated pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9 of Title 19.2, and any officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) shall have access to an accused’s or inmate’s records in juvenile court without a court order and for the purpose of preparing the discretionary sentencing guidelines worksheets and related risk assessment instruments as directed by the court pursuant to subsection C of § 19.2-298.01, the attorney for the Commonwealth and any pretrial services or probation officer shall have access to the defendant’s records in juvenile court without a court order;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":311545,"text":"Any attorney for the Commonwealth and any local pretrial services or community-based probation officer or state adult probation or parole officer shall have direct access to the defendant’s juvenile court delinquency records maintained in an electronic format by the court for the strictly limited purposes of preparing a pretrial investigation report, including any related risk assessment instrument, any presentence report, any discretionary sentencing guidelines worksheets, including related risk assessment instruments, any post-sentence investigation report or preparing for any transfer or sentencing hearing.\n\t\t\t\tA copy of the court order of disposition in a delinquency case shall be provided to a probation officer or attorney for the Commonwealth, when requested for the purpose of calculating sentencing guidelines. The copies shall remain confidential, but reports may be prepared using the information contained therein as provided in §§ 19.2-298.01 and 19.2-299.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":311546,"text":"The Office of the Attorney General, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A1"},"7":{"id":311547,"text":"Any person, agency, or institution that may inspect juvenile case files pursuant to subdivisions A 1 through 4 shall be authorized to have copies made of such records, subject to any restrictions, conditions, or prohibitions that the court may impose.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":311548,"text":"All or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge in court or otherwise in a proceeding under this law shall also be made available to the parties to the proceedings and their attorneys.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"B1"},"9":{"id":311549,"text":"If a juvenile 14 years of age or older at the time of the offense is adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, all court records regarding that adjudication and any subsequent adjudication of delinquency, other than those records specified in subsection A, shall be open to the public. However, if a hearing was closed, the judge may order that certain records or portions thereof remain confidential to the extent necessary to protect any juvenile victim or juvenile witness.","type":"section","prefixes":["B1"],"prefix":"B1","entire_prefix":"B1","prefix_anchor":"B1","level":1,"prior_prefix":"B","next_prefix":"C"},"10":{"id":311550,"text":"All other juvenile records, including the docket, petitions, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsections A and B. However, a licensed bail bondsman shall be entitled to know the status of a bond he has posted or provided surety on for a juvenile under § 16.1-258. This shall not authorize a bail bondsman to have access to or inspect any other portion of his principal’s juvenile court records.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B1","next_prefix":"D"},"11":{"id":311551,"text":"Attested copies of papers filed in connection with an adjudication of guilty for an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, which shows the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence in a pending criminal or traffic proceeding and that such papers will be only used for such evidentiary purpose.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"12":{"id":311552,"text":"Attested copies of papers filed in connection with an adjudication of guilt for a delinquent act that would be a felony if committed by an adult, which show the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney by the juvenile, shall be furnished to an attorney for the Commonwealth upon his certification that such papers are needed as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 and that such papers will be only used for such evidentiary purpose.","type":"section","prefixes":["D1"],"prefix":"D1","entire_prefix":"D1","prefix_anchor":"D1","level":1,"prior_prefix":"D","next_prefix":"E"},"13":{"id":311553,"text":"Upon request, a copy of the court order of disposition in a delinquency case shall be provided to the Virginia Workers’ 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 including but not limited to actions pursuant to § 19.2-368.15.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D1","next_prefix":"F"},"14":{"id":311554,"text":"Staff of the court services unit or the attorney for the Commonwealth shall provide notice of the disposition in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault as specified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor victim, upon request. Additionally, if the victim or parent submits a written request, the Department of Juvenile Justice shall provide advance notice of such juvenile offender’s anticipated date of release from commitment.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"15":{"id":311555,"text":"Any record in a juvenile case file which is open for inspection by the professional staff of the Department of Juvenile Justice pursuant to subsection A and is maintained in an electronic format by the court, may be transmitted electronically to the Department of Juvenile Justice. Any record so transmitted shall be subject to the provisions of § 16.1-300.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-305\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 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 1958, chapter 353; in 1975, chapter 334; in 1977, chapter 559; in 1979, chapter 605; in 1983, chapter 389; in 1984, chapter 34; in 1988, chapter 541; in 1989, chapter 182; in 1990, chapter 258; in 1992, chapter 547; in 1994, chapter 603<\/a>; in 1995, chapter 430<\/a>; in 1996, chapters 755<\/a>, 870<\/a>, and 914<\/a>; in 1998, chapters 278<\/a> and 521<\/a>; in 2002, chapters 701<\/a>, 735<\/a>, and 741<\/a>; in 2003, chapter 143<\/a>; in 2004, chapter 446<\/a>; in 2007, chapter 133<\/a>; in 2009, chapters 138<\/a>, 308<\/a>, and 740<\/a>.<\/p>","references":[{"id":83957,"section_number":"16.1-307","catch_line":"Circuit court records regarding juveniles","order_by":null,"url":"\/16.1-307\/"},{"id":78870,"section_number":"16.1-309","catch_line":"Penalty","order_by":null,"url":"\/16.1-309\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":85097,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; data sharing","order_by":null,"url":"\/37.2-308.01\/"}],"refers_to":[{"id":74524,"section_number":"16.1-258","catch_line":"Bonds and forfeitures thereof","order_by":null,"url":"\/16.1-258\/"},{"id":86382,"section_number":"16.1-300","catch_line":"Confidentiality of Department records","order_by":null,"url":"\/16.1-300\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":59283,"section_number":"19.2-152.2","catch_line":"Purpose; establishment of pretrial services and services agencies","order_by":null,"url":"\/19.2-152.2\/"},{"id":64383,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","order_by":null,"url":"\/19.2-298.01\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":55824,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","order_by":null,"url":"\/46.2-383\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"}],"permalink":{"id":161055,"object_type":"law","relational_id":87014,"identifier":"16.1-305","token":"16.1\/11\/12\/16.1-305","url":"\/16.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-305\/","token":"16.1\/11\/12\/16.1-305","dublin_core":{"Title":"Confidentiality of court records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile’s case file<\/span>. All juvenile case files<\/span> shall be filed separately from adult<\/span> files and records of the court<\/span> and shall be open for inspection only to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The judge<\/span>, probation officers<\/span> and professional staff assigned to serve the juvenile and domestic relations district courts<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Representatives of a public or private agency or department<\/span> providing supervision or having legal custody<\/span> of the child or furnishing evaluation or treatment of the child ordered or requested by the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The attorney for any party<\/span>, including the attorney for the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any other person, agency or institution, by order of the court<\/span>, having a legitimate interest in the case or in the work of the court<\/span>. However, for the purposes of an investigation conducted by a local community-based probation services agency, preparation of a pretrial investigation report, or of a presentence or postsentence report upon a finding<\/span> of guilty in a circuit<\/span> court or for the preparation of a background report for the Parole<\/span> Board, adult<\/span> probation and parole<\/span> officers, including United States Probation and Pretrial Services<\/span> Officers, any officer of a local pretrial services<\/span> agency established or operated pursuant to Article 5 (§ 19.2-152.2<\/a> et seq.) of Chapter 9 of Title 19.2, and any officer of a local community-based probation services agency established or operated pursuant to the Comprehensive Community Corrections Act for Local-Responsible Offenders (§ 9.1-173<\/a> et seq.) shall have access to an accused<\/span>’s or inmate’s records in juvenile court<\/span> without a court order<\/span> and for the purpose of preparing the discretionary sentencing guidelines<\/span> worksheets and related risk assessment instruments as directed by the court<\/span> pursuant to subsection C of § 19.2-298.01<\/a>, the attorney for the Commonwealth and any pretrial services<\/span> or probation officer<\/span> shall have access to the defendant<\/span>’s records in juvenile court<\/span> without a court order<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any attorney for the Commonwealth and any local pretrial services<\/span> or community-based probation officer<\/span> or state adult<\/span> probation or parole<\/span> officer shall have direct access to the defendant<\/span>’s juvenile court<\/span> delinquency records maintained in an electronic format by the court<\/span> for the strictly limited purposes of preparing a pretrial investigation report, including any related risk assessment instrument, any presentence report<\/span>, any discretionary sentencing guidelines<\/span> worksheets, including related risk assessment instruments, any post-sentence investigation report or preparing for any transfer or sentencing hearing<\/span>.\n\t\t\t\tA copy of the court order<\/span> of disposition<\/span> in a delinquency case shall be provided to a probation officer<\/span> or attorney for the Commonwealth, when requested for the purpose of calculating sentencing guidelines<\/span>. The copies shall remain confidential, but reports may be prepared using the information contained therein as provided in §§ 19.2-298.01<\/a> and 19.2-299<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Office of the Attorney General<\/span>, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> Any person, agency, or institution that may inspect juvenile case files<\/span> pursuant to subdivisions A 1 through 4 shall be authorized to have copies made of such records, subject to any restrictions, conditions, or prohibitions that the court<\/span> may impose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge<\/span> in court or otherwise in a proceeding under this law<\/span> shall also be made available to the parties to the proceedings and their attorneys. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B1.<\/span> If a juvenile 14 years of age or older at the time of the offense<\/span> is adjudicated delinquent on the basis of an act which would be a felony<\/span> if committed by an adult<\/span>, all court records regarding that adjudication and any subsequent adjudication of delinquency, other than those records specified in subsection A, shall be open to the public. However, if a hearing<\/span> was closed, the judge<\/span> may order that certain records or portions thereof remain confidential to the extent necessary to protect any juvenile victim or juvenile witness<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All other juvenile records, including the docket<\/span>, petitions<\/span>, motions<\/span> and other papers filed with a case, transcripts<\/span> of testimony<\/span>, findings<\/span>, verdicts<\/span>, orders<\/span> and decrees<\/span> shall be open to inspection only by those persons and agencies designated in subsections A and B. However, a licensed bail<\/span> bondsman shall be entitled to know the status of a bond<\/span> he has posted or provided surety<\/span> on for a juvenile under § 16.1-258<\/a>. This shall not authorize a bail<\/span> bondsman to have access to or inspect any other portion of his principal’s juvenile court<\/span> records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Attested copies of papers filed in connection with an adjudication of guilty for an offense<\/span> for which the clerk is required by § 46.2-383<\/a> to furnish an abstract to the Department<\/span> of Motor Vehicles, which shows the charge, finding<\/span>, disposition<\/span>, name of the attorney for the juvenile, or waiver<\/span> of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence<\/span> in a pending criminal or traffic proceeding and that such papers will be only used for such evidentiary purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D1.<\/span> Attested copies of papers filed in connection with an adjudication of guilt for a delinquent act<\/span> that would be a felony<\/span> if committed by an adult<\/span>, which show the charge, finding<\/span>, disposition<\/span>, name of the attorney for the juvenile, or waiver<\/span> of attorney by the juvenile, shall be furnished to an attorney for the Commonwealth upon his certification that such papers are needed as evidence<\/span> in a pending criminal prosecution<\/span> for a violation of § 18.2-308.2<\/a> and that such papers will be only used for such evidentiary purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon request, a copy of the court order<\/span> of disposition<\/span> in a delinquency case shall be provided to the Virginia Workers’ Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime<\/span>, and such information shall not be disseminated or used by the Commission for any other purpose including but not limited to actions pursuant to § 19.2-368.15<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Staff of the court<\/span> services unit or the attorney for the Commonwealth shall provide notice of the disposition<\/span> in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault<\/span> as specified in Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor<\/span> victim, upon request. Additionally, if the victim or parent submits a written request, the Department<\/span> of Juvenile Justice shall provide advance notice of such juvenile offender’s anticipated date of release from commitment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any record in a juvenile case file<\/span> which is open for inspection by the professional staff of the Department<\/span> of Juvenile Justice pursuant to subsection A and is maintained in an electronic format by the court<\/span>, may be transmitted electronically to the Department<\/span> of Juvenile Justice. Any record so transmitted shall be subject to the provisions of § 16.1-300<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF COURT RECORDS (\u00a7 16.1-305)\n\nA. Social, medical and psychiatric or psychological records, including reports\nor preliminary inquiries, predisposition studies and supervision records, of\nneglected and abused children, children in need of services, children in need of\nsupervision and delinquent children shall be filed with the other papers in the\njuvenile’s case file. All juvenile case files shall be filed separately\nfrom adult files and records of the court and shall be open for inspection only\nto the following:\n\n 1. The judge, probation officers and professional staff assigned to serve the\n juvenile and domestic relations district courts;\n\n 2. Representatives of a public or private agency or department providing\n supervision or having legal custody of the child or furnishing evaluation or\n treatment of the child ordered or requested by the court;\n\n 3. The attorney for any party, including the attorney for the Commonwealth;\n\n 4. 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 court. However, for the\n purposes of an investigation conducted by a local community-based probation\n services agency, preparation of a pretrial investigation report, or of a\n presentence or postsentence report upon a finding of guilty in a circuit court\n or for the preparation of a background report for the Parole Board, adult\n probation and parole officers, including United States Probation and Pretrial\n Services Officers, any officer of a local pretrial services agency established\n or operated pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9 of\n Title 19.2, and any officer of a local community-based probation services\n agency established or operated pursuant to the Comprehensive Community\n Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.) shall\n have access to an accused’s or inmate’s records in juvenile court\n without a court order and for the purpose of preparing the discretionary\n sentencing guidelines worksheets and related risk assessment instruments as\n directed by the court pursuant to subsection C of § 19.2-298.01, the\n attorney for the Commonwealth and any pretrial services or probation officer\n shall have access to the defendant’s records in juvenile court without a\n court order;\n\n 5. Any attorney for the Commonwealth and any local pretrial services or\n community-based probation officer or state adult probation or parole officer\n shall have direct access to the defendant’s juvenile court delinquency\n records maintained in an electronic format by the court for the strictly\n limited purposes of preparing a pretrial investigation report, including any\n related risk assessment instrument, any presentence report, any discretionary\n sentencing guidelines worksheets, including related risk assessment\n instruments, any post-sentence investigation report or preparing for any\n transfer or sentencing hearing.\n \t\t\t\tA copy of the court order of disposition in a delinquency case shall be\n provided to a probation officer or attorney for the Commonwealth, when\n requested for the purpose of calculating sentencing guidelines. The copies\n shall remain confidential, but reports may be prepared using the information\n contained therein as provided in §§ 19.2-298.01 and 19.2-299.\n\n 6. The Office of the Attorney General, for all criminal justice activities\n otherwise permitted and for purposes of performing duties required by Chapter\n 9 (§ 37.2-900 et seq.) of Title 37.2.\n\nA1. Any person, agency, or institution that may inspect juvenile case files\npursuant to subdivisions A 1 through 4 shall be authorized to have copies made\nof such records, subject to any restrictions, conditions, or prohibitions that\nthe court may impose.\n\nB. All or any part of the records enumerated in subsection A, or information\nsecured from such records, which is presented to the judge in court or otherwise\nin a proceeding under this law shall also be made available to the parties to\nthe proceedings and their attorneys.\n\nB1. If a juvenile 14 years of age or older at the time of the offense is\nadjudicated delinquent on the basis of an act which would be a felony if\ncommitted by an adult, all court records regarding that adjudication and any\nsubsequent adjudication of delinquency, other than those records specified in\nsubsection A, shall be open to the public. However, if a hearing was closed, the\njudge may order that certain records or portions thereof remain confidential to\nthe extent necessary to protect any juvenile victim or juvenile witness.\n\nC. All other juvenile records, including the docket, petitions, motions and\nother papers filed with a case, transcripts of testimony, findings, verdicts,\norders and decrees shall be open to inspection only by those persons and\nagencies designated in subsections A and B. However, a licensed bail bondsman\nshall be entitled to know the status of a bond he has posted or provided surety\non for a juvenile under § 16.1-258. This shall not authorize a bail\nbondsman to have access to or inspect any other portion of his principal’s\njuvenile court records.\n\nD. Attested copies of papers filed in connection with an adjudication of guilty\nfor an offense for which the clerk is required by § 46.2-383 to furnish an\nabstract to the Department of Motor Vehicles, which shows the charge, finding,\ndisposition, name of the attorney for the juvenile, or waiver of attorney shall\nbe furnished to an attorney for the Commonwealth upon certification by the\nprosecuting attorney that such papers are needed as evidence in a pending\ncriminal or traffic proceeding and that such papers will be only used for such\nevidentiary purpose.\n\nD1. Attested copies of papers filed in connection with an adjudication of guilt\nfor a delinquent act that would be a felony if committed by an adult, which show\nthe charge, finding, disposition, name of the attorney for the juvenile, or\nwaiver of attorney by the juvenile, shall be furnished to an attorney for the\nCommonwealth upon his certification that such papers are needed as evidence in a\npending criminal prosecution for a violation of § 18.2-308.2 and that such\npapers will be only used for such evidentiary purpose.\n\nE. Upon request, a copy of the court order of disposition in a delinquency case\nshall be provided to the Virginia Workers’ Compensation Commission solely\nfor purposes of determining whether to make an award to the victim of a crime,\nand such information shall not be disseminated or used by the Commission for any\nother purpose including but not limited to actions pursuant to §\n19.2-368.15.\n\nF. Staff of the court services unit or the attorney for the Commonwealth shall\nprovide notice of the disposition in a case involving a juvenile who is\ncommitted to state care after being adjudicated for a criminal sexual assault as\nspecified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to\nthe victim or a parent of a minor victim, upon request. Additionally, if the\nvictim or parent submits a written request, the Department of Juvenile Justice\nshall provide advance notice of such juvenile offender’s anticipated date\nof release from commitment.\n\nG. Any record in a juvenile case file which is open for inspection by the\nprofessional staff of the Department of Juvenile Justice pursuant to subsection\nA and is maintained in an electronic format by the court, may be transmitted\nelectronically to the Department of Juvenile Justice. Any record so transmitted\nshall be subject to the provisions of § 16.1-300.\n\nHISTORY: Code 1950, \u00a7 16.1-162; 1956, c. 555; 1958, c. 353; 1971, Ex. Sess., c.\n228; 1975, c. 334; 1977, c. 559; 1979, c. 605; 1983, c. 389; 1984, c. 34; 1988,\nc. 541; 1989, c. 182; 1990, c. 258; 1992, c. 547; 1994, c. 603; 1995, c. 430;\n1996, cc. 755, 870, 914; 1998, cc. 278, 521; 2002, cc. 701, 735, 741; 2003, c.\n143; 2004, c. 446; 2007, c. 133; 2009, cc. 138, 308, 740; 2021, Sp. Sess. I, c.\n463.","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}}