{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-309.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-309.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-309.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-309.1.html"}],"law_id":63770,"edition_id":1,"section_id":63770,"structure_id":13940,"section_number":"16.1-309.1","catch_line":"Exception as to confidentiality","history":"1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297; 1994, cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710; 2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798; 2010, cc. 367, 472, 526; 2014, c. 230; 2020, cc. 995, 996; 2023, c. 677.","full_text":"A\n\nNotwithstanding any other provision of this article, where consideration of public interest requires, the judge shall make available to the public the name and address of a juvenile and the nature of the offense for which a juvenile has been adjudicated delinquent (i) for an act which would be a Class 1, 2, or 3 felony, forcible rape, robbery or burglary or a related offense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2 if committed by an adult or (ii) in any case where a juvenile is sentenced as an adult in circuit court.B\n\n1. a. At any time prior to disposition, if a juvenile charged with a delinquent act which would constitute a felony if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth or, upon notice to the Commonwealth’s attorney, the Department of Juvenile Justice or a locally operated court services unit, may, with notice to the juvenile’s attorney of record, petition the court having jurisdiction of the offense to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court shall order release of this information to the public. If a juvenile charged with a delinquent act that would constitute a felony if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice at a time when the court is not in session, the Commonwealth’s attorney, the Department of Juvenile Justice, or a locally operated court services unit may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension.\n\t\t\tb. At any time prior to disposition, if a juvenile charged with a delinquent act which would constitute a misdemeanor if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, petition the court having jurisdiction of the offense to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court shall order release of this information to the public. If a juvenile charged with a delinquent act that would constitute a misdemeanor if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice at a time when the court is not in session, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension.2\n\nAfter final disposition, if a juvenile (i) found to have committed a delinquent act becomes a fugitive from justice or (ii) who has been committed to the Department of Juvenile Justice pursuant to subdivision A 14 of § 16.1-278.8 or § 16.1-285.1 becomes a fugitive from justice by escaping from a facility operated by or under contract with the Department or from the custody of any employee of such facility, the Department may release to the public the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was committed, and any other information which may expedite his apprehension. The Department shall promptly notify the attorney for the Commonwealth of the jurisdiction in which the juvenile was tried whenever information is released pursuant to this subdivision. If a juvenile specified in clause (i) being held after disposition in a secure facility not operated by or under contract with the Department becomes a fugitive by such escape, the attorney for the Commonwealth of the locality in which the facility is located may release the information as provided in this subdivision.C\n\nWhenever a juvenile 14 years of age or older is charged with a delinquent act that would be a criminal violation of Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2, a felony involving a weapon, a felony violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an “act of violence” as defined in subsection A of § 19.2-297.1 if committed by an adult, the judge may, where consideration of the public interest requires, make the juvenile’s name and address available to the public.D\n\nUpon the request of a victim of a delinquent act that would be a felony or that would be a misdemeanor violation of § 16.1-253.2, 18.2-57, 18.2-57.2, 18.2-60.3, 18.2-60.4, 18.2-67.4, or 18.2-67.5 if committed by an adult, the court may order that such victim be informed of the charge or charges brought, the findings of the court, and the disposition of the case. For purposes of this section, “victim” shall be defined as in § 19.2-11.01.E\n\nUpon request, the judge or clerk may disclose if an order of emancipation of a juvenile pursuant to § 16.1-333 has been entered, provided (i) the order is not being appealed, (ii) the order has not been terminated, or (iii) there has not been a judicial determination that the order is void ab initio.F\n\nNotwithstanding any other provision of law, a copy of any court order that imposes a curfew or other restriction on a juvenile may be provided to the chief law-enforcement officer of the county or city wherein the juvenile resides. The chief law-enforcement officer shall only disclose information contained in the court order to other law-enforcement officers in the conduct of official duties.G\n\nNotwithstanding any other provision of law, where consideration of public safety requires, the Department and locally operated court service unit shall release information relating to a juvenile’s criminal street gang involvement, if any, and the criminal street gang-related activity and membership of others, as criminal street gang is defined in § 18.2-46.1, obtained from an investigation or supervision of a juvenile and shall include the identity or identifying information of the juvenile; however, the Department and local court service unit shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act. Such information shall be released to any State Police, local police department, sheriff’s office, or law-enforcement task force that is a part of or administered by the Commonwealth or any political subdivision thereof, and that is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth. The exchange of information shall be for the purpose of an investigation into criminal street gang activity.H\n\nNotwithstanding any other provision of Article 12 (§ 16.1-299 et seq.), a clerk of the court shall report to the Bureau of Immigration and Customs Enforcement of the U.S. Department of Homeland Security a juvenile who has been detained in a secure facility but only upon an adjudication of delinquency or finding of guilt for a violent juvenile felony and when there is evidence that the juvenile is in the United States illegally.I\n\nNotwithstanding any other provision of this article, whenever an intake officer proceeds informally against a juvenile, the Department or local court service unit may disclose only such information as necessary to enforce any provision of the diversion program to any law-enforcement officer, school principal where such juvenile attends school, or known victim. Such information shall remain confidential and not be part of such juvenile’s academic record. Additionally, a local court service unit may provide information regarding the availability and ordering of a protective order and restitution and dispositional information to the victim in the case.","order_by":null,"text":{"0":{"id":232336,"text":"Notwithstanding any other provision of this article, where consideration of public interest requires, the judge shall make available to the public the name and address of a juvenile and the nature of the offense for which a juvenile has been adjudicated delinquent (i) for an act which would be a Class 1, 2, or 3 felony, forcible rape, robbery or burglary or a related offense as set out in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2 if committed by an adult or (ii) in any case where a juvenile is sentenced as an adult in circuit court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232337,"text":"1. a. At any time prior to disposition, if a juvenile charged with a delinquent act which would constitute a felony if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth or, upon notice to the Commonwealth’s attorney, the Department of Juvenile Justice or a locally operated court services unit, may, with notice to the juvenile’s attorney of record, petition the court having jurisdiction of the offense to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court shall order release of this information to the public. If a juvenile charged with a delinquent act that would constitute a felony if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice at a time when the court is not in session, the Commonwealth’s attorney, the Department of Juvenile Justice, or a locally operated court services unit may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension.\n\t\t\tb. At any time prior to disposition, if a juvenile charged with a delinquent act which would constitute a misdemeanor if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, petition the court having jurisdiction of the offense to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court shall order release of this information to the public. If a juvenile charged with a delinquent act that would constitute a misdemeanor if committed by an adult, or held in custody by a law-enforcement officer, or held in a secure facility pursuant to such charge becomes a fugitive from justice at a time when the court is not in session, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":232338,"text":"After final disposition, if a juvenile (i) found to have committed a delinquent act becomes a fugitive from justice or (ii) who has been committed to the Department of Juvenile Justice pursuant to subdivision A 14 of § 16.1-278.8 or § 16.1-285.1 becomes a fugitive from justice by escaping from a facility operated by or under contract with the Department or from the custody of any employee of such facility, the Department may release to the public the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was committed, and any other information which may expedite his apprehension. The Department shall promptly notify the attorney for the Commonwealth of the jurisdiction in which the juvenile was tried whenever information is released pursuant to this subdivision. If a juvenile specified in clause (i) being held after disposition in a secure facility not operated by or under contract with the Department becomes a fugitive by such escape, the attorney for the Commonwealth of the locality in which the facility is located may release the information as provided in this subdivision.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":232339,"text":"Whenever a juvenile 14 years of age or older is charged with a delinquent act that would be a criminal violation of Article 2 (§ 18.2-38 et seq.) of Chapter 4 of Title 18.2, a felony involving a weapon, a felony violation of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an “act of violence” as defined in subsection A of § 19.2-297.1 if committed by an adult, the judge may, where consideration of the public interest requires, make the juvenile’s name and address available to the public.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"4":{"id":232340,"text":"Upon the request of a victim of a delinquent act that would be a felony or that would be a misdemeanor violation of § 16.1-253.2, 18.2-57, 18.2-57.2, 18.2-60.3, 18.2-60.4, 18.2-67.4, or 18.2-67.5 if committed by an adult, the court may order that such victim be informed of the charge or charges brought, the findings of the court, and the disposition of the case. For purposes of this section, “victim” shall be defined as in § 19.2-11.01.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":232341,"text":"Upon request, the judge or clerk may disclose if an order of emancipation of a juvenile pursuant to § 16.1-333 has been entered, provided (i) the order is not being appealed, (ii) the order has not been terminated, or (iii) there has not been a judicial determination that the order is void ab initio.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":232342,"text":"Notwithstanding any other provision of law, a copy of any court order that imposes a curfew or other restriction on a juvenile may be provided to the chief law-enforcement officer of the county or city wherein the juvenile resides. The chief law-enforcement officer shall only disclose information contained in the court order to other law-enforcement officers in the conduct of official duties.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":232343,"text":"Notwithstanding any other provision of law, where consideration of public safety requires, the Department and locally operated court service unit shall release information relating to a juvenile’s criminal street gang involvement, if any, and the criminal street gang-related activity and membership of others, as criminal street gang is defined in § 18.2-46.1, obtained from an investigation or supervision of a juvenile and shall include the identity or identifying information of the juvenile; however, the Department and local court service unit shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act. Such information shall be released to any State Police, local police department, sheriff’s office, or law-enforcement task force that is a part of or administered by the Commonwealth or any political subdivision thereof, and that is responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth. The exchange of information shall be for the purpose of an investigation into criminal street gang activity.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":232344,"text":"Notwithstanding any other provision of Article 12 (§ 16.1-299 et seq.), a clerk of the court shall report to the Bureau of Immigration and Customs Enforcement of the U.S. Department of Homeland Security a juvenile who has been detained in a secure facility but only upon an adjudication of delinquency or finding of guilt for a violent juvenile felony and when there is evidence that the juvenile is in the United States illegally.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"9":{"id":232345,"text":"Notwithstanding any other provision of this article, whenever an intake officer proceeds informally against a juvenile, the Department or local court service unit may disclose only such information as necessary to enforce any provision of the diversion program to any law-enforcement officer, school principal where such juvenile attends school, or known victim. Such information shall remain confidential and not be part of such juvenile’s academic record. Additionally, a local court service unit may provide information regarding the availability and ordering of a protective order and restitution and dispositional information to the victim in the case.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-309.1\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 94 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 16 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 1981, chapter 307; in 1986, chapter 506; in 1988, chapter 749; in 1993, chapter 297; in 1994, chapters 499<\/a> and 542<\/a>; in 1995, chapters 558<\/a>, 687<\/a>, and 804<\/a>; in 1997, chapters 434<\/a> and 452<\/a>; in 1999, chapter 710<\/a>; in 2000, chapters 563<\/a> and 603<\/a>; in 2005, chapter 364<\/a>; in 2006, chapters 259<\/a>, 309<\/a>, and 682<\/a>; in 2008, chapter 798<\/a>; in 2010, chapters 367<\/a>, 472<\/a>, and 526<\/a>; in 2014, chapter 230<\/a>; in 2020, chapters 995<\/a> and 996<\/a>; in 2023, chapter 677<\/a>.<\/p>","references":false,"refers_to":[{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":75164,"section_number":"16.1-285.1","catch_line":"Commitment of serious offenders","order_by":null,"url":"\/16.1-285.1\/"},{"id":84235,"section_number":"16.1-299","catch_line":"(Effective until July 1, 2026) Fingerprints and photographs of juveniles","order_by":null,"url":"\/16.1-299\/"},{"id":72397,"section_number":"16.1-333","catch_line":"Findings necessary to order that minor is emancipated","order_by":null,"url":"\/16.1-333\/"},{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":62588,"section_number":"18.2-38","catch_line":"\"Mob\" defined","order_by":null,"url":"\/18.2-38\/"},{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"},{"id":64628,"section_number":"18.2-57","catch_line":"Assault and battery; penalty","order_by":null,"url":"\/18.2-57\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":54485,"section_number":"18.2-60.3","catch_line":"Stalking; penalty","order_by":null,"url":"\/18.2-60.3\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":67699,"section_number":"18.2-67.4","catch_line":"Sexual battery","order_by":null,"url":"\/18.2-67.4\/"},{"id":57731,"section_number":"18.2-67.5","catch_line":"Attempted rape, forcible sodomy, object sexual penetration, aggravated sexual battery, and sexual battery","order_by":null,"url":"\/18.2-67.5\/"},{"id":67235,"section_number":"18.2-89","catch_line":"Burglary; how punished","order_by":null,"url":"\/18.2-89\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"}],"permalink":{"id":161087,"object_type":"law","relational_id":63770,"identifier":"16.1-309.1","token":"16.1\/11\/12\/16.1-309.1","url":"\/16.1-309.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-309.1\/","token":"16.1\/11\/12\/16.1-309.1","dublin_core":{"Title":"Exception as to confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-309.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of this article, where consideration of public interest requires, the judge<\/span> shall make available to the public the name and address of a juvenile and the nature of the offense<\/span> for which a juvenile has been adjudicated delinquent (i) for an act which would be a Class 1, 2, or 3 felony<\/span>, forcible rape<\/span>, robbery<\/span> or burglary<\/span> or a related offense<\/span> as set out in Article 2 (§ 18.2-89<\/a> et seq.) of Chapter 5 of Title 18.2 if committed by an adult<\/span> or (ii) in any case where a juvenile is sentenced as an adult<\/span> in circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. a. At any time prior to disposition<\/span>, if a juvenile charged with a delinquent act<\/span> which would constitute a felony<\/span> if committed by an adult<\/span>, or held in custody<\/span> by a law<\/span>-enforcement officer, or held in a secure facility<\/span> pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth or, upon notice to the Commonwealth’s attorney, the Department<\/span> of Juvenile Justice or a locally operated court services unit, may, with notice to the juvenile’s attorney of record, petition<\/span> the court<\/span> having jurisdiction<\/span> of the offense<\/span> to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court<\/span> shall order<\/span> release of this information to the public. If a juvenile charged with a delinquent act<\/span> that would constitute a felony<\/span> if committed by an adult<\/span>, or held in custody<\/span> by a law<\/span>-enforcement officer, or held in a secure facility<\/span> pursuant to such charge becomes a fugitive from justice at a time when the court<\/span> is not in session, the Commonwealth’s attorney, the Department<\/span> of Juvenile Justice, or a locally operated court services unit may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension.\n\t\t\tb. At any time prior to disposition<\/span>, if a juvenile charged with a delinquent act<\/span> which would constitute a misdemeanor<\/span> if committed by an adult<\/span>, or held in custody<\/span> by a law<\/span>-enforcement officer, or held in a secure facility<\/span> pursuant to such charge becomes a fugitive from justice, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, petition<\/span> the court<\/span> having jurisdiction<\/span> of the offense<\/span> to authorize public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was adjudicated and any other information which may expedite his apprehension. Upon a showing that the juvenile is a fugitive and for good cause, the court<\/span> shall order<\/span> release of this information to the public. If a juvenile charged with a delinquent act<\/span> that would constitute a misdemeanor<\/span> if committed by an adult<\/span>, or held in custody<\/span> by a law<\/span>-enforcement officer, or held in a secure facility<\/span> pursuant to such charge becomes a fugitive from justice at a time when the court<\/span> is not in session, the attorney for the Commonwealth may, with notice to the juvenile’s attorney of record, authorize the public release of the juvenile’s name, age, physical description and photograph, the charge for which he is sought, and any other information which may expedite his apprehension. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> After final disposition<\/span>, if a juvenile (i) found to have committed a delinquent act<\/span> becomes a fugitive from justice or (ii) who has been committed to the Department<\/span> of Juvenile Justice pursuant to subdivision A 14 of § 16.1-278.8<\/a> or § 16.1-285.1<\/a> becomes a fugitive from justice by escaping from a facility operated by or under contract<\/span> with the Department<\/span> or from the custody<\/span> of any employee of such facility, the Department<\/span> may release to the public the juvenile’s name, age, physical description and photograph, the charge for which he is sought or for which he was committed, and any other information which may expedite his apprehension. The Department<\/span> shall promptly notify the attorney for the Commonwealth of the jurisdiction<\/span> in which the juvenile was tried whenever information is released pursuant to this subdivision. If a juvenile specified in clause (i) being held after disposition<\/span> in a secure facility<\/span> not operated by or under contract<\/span> with the Department<\/span> becomes a fugitive by such escape, the attorney for the Commonwealth of the locality in which the facility is located may release the information as provided in this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever a juvenile 14 years of age or older is charged with a delinquent act<\/span> that would be a criminal violation of Article 2 (§ 18.2-38<\/a> et seq.) of Chapter 4 of Title 18.2, a felony<\/span> involving a weapon, a felony<\/span> violation of Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2, or an “act of violence” as defined in subsection A of § 19.2-297.1<\/a> if committed by an adult<\/span>, the judge<\/span> may, where consideration of the public interest requires, make the juvenile’s name and address available to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon the request of a victim of a delinquent act<\/span> that would be a felony<\/span> or that would be a misdemeanor<\/span> violation of § 16.1-253.2<\/a>, 18.2-57<\/a>, 18.2-57.2<\/a>, 18.2-60.3<\/a>, 18.2-60.4<\/a>, 18.2-67.4<\/a>, or 18.2-67.5<\/a> if committed by an adult<\/span>, the court<\/span> may order<\/span> that such victim be informed of the charge or charges brought, the findings<\/span> of the court<\/span>, and the disposition<\/span> of the case. For purposes of this section, “victim” shall be defined as in § 19.2-11.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon request, the judge<\/span> or clerk may disclose if an order<\/span> of emancipation of a juvenile pursuant to § 16.1-333<\/a> has been entered, provided (i) the order<\/span> is not being appealed, (ii) the order<\/span> has not been terminated, or (iii) there has not been a judicial determination that the order<\/span> is void ab initio. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any other provision of law<\/span>, a copy of any court order<\/span> that imposes a curfew or other restriction on a juvenile may be provided to the chief law<\/span>-enforcement officer of the county or city wherein the juvenile resides. The chief law<\/span>-enforcement officer shall only disclose information contained in the court order<\/span> to other law<\/span>-enforcement officers in the conduct of official duties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any other provision of law<\/span>, where consideration of public safety requires, the Department<\/span> and locally operated court service unit shall release information relating to a juvenile’s criminal street gang involvement, if any, and the criminal street gang-related activity and membership of others, as criminal street gang is defined in § 18.2-46.1<\/a>, obtained from an investigation or supervision of a juvenile and shall include the identity or identifying information of the juvenile; however, the Department<\/span> and local court service unit shall not release the identifying information of a juvenile not affiliated with or involved in a criminal street gang unless that information relates to a specific criminal act. Such information shall be released to any State Police, local police department<\/span>, sheriff’s office, or law<\/span>-enforcement task force that is a part of or administered by the Commonwealth or any political subdivision thereof, and that is responsible for the prevention and detection of crime<\/span> and the enforcement of the penal, traffic, or highway laws<\/span> of the Commonwealth. The exchange of information shall be for the purpose of an investigation into criminal street gang activity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any other provision of Article 12 (§ 16.1-299<\/a> et seq.), a clerk of the court<\/span> shall report to the Bureau of Immigration and Customs Enforcement of the U.S. Department<\/span> of Homeland Security a juvenile who has been detained in a secure facility<\/span> but only upon an adjudication of delinquency or finding<\/span> of guilt for a violent juvenile felony<\/span> and when there is evidence<\/span> that the juvenile is in the United States illegally. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding any other provision of this article, whenever an intake officer<\/span> proceeds informally against a juvenile, the Department<\/span> or local court service unit may disclose only such information as necessary to enforce any provision of the diversion<\/span> program to any law<\/span>-enforcement officer, school principal where such juvenile attends school, or known victim. Such information shall remain confidential and not be part of such juvenile’s academic record. Additionally, a local court service unit may provide information regarding the availability and ordering of a protective order and restitution<\/span> and dispositional information to the victim in the case. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXCEPTION AS TO CONFIDENTIALITY (\u00a7 16.1-309.1)\n\nA. Notwithstanding any other provision of this article, where consideration of\npublic interest requires, the judge shall make available to the public the name\nand address of a juvenile and the nature of the offense for which a juvenile has\nbeen adjudicated delinquent (i) for an act which would be a Class 1, 2, or 3\nfelony, forcible rape, robbery or burglary or a related offense as set out in\nArticle 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2 if committed by an\nadult or (ii) in any case where a juvenile is sentenced as an adult in circuit\ncourt.\n\nB. 1. a. At any time prior to disposition, if a juvenile charged with a\ndelinquent act which would constitute a felony if committed by an adult, or held\nin custody by a law-enforcement officer, or held in a secure facility pursuant\nto such charge becomes a fugitive from justice, the attorney for the\nCommonwealth or, upon notice to the Commonwealth’s attorney, the\nDepartment of Juvenile Justice or a locally operated court services unit, may,\nwith notice to the juvenile’s attorney of record, petition the court\nhaving jurisdiction of the offense to authorize public release of the\njuvenile’s name, age, physical description and photograph, the charge for\nwhich he is sought or for which he was adjudicated and any other information\nwhich may expedite his apprehension. Upon a showing that the juvenile is a\nfugitive and for good cause, the court shall order release of this information\nto the public. If a juvenile charged with a delinquent act that would constitute\na felony if committed by an adult, or held in custody by a law-enforcement\nofficer, or held in a secure facility pursuant to such charge becomes a fugitive\nfrom justice at a time when the court is not in session, the\nCommonwealth’s attorney, the Department of Juvenile Justice, or a locally\noperated court services unit may, with notice to the juvenile’s attorney\nof record, authorize the public release of the juvenile’s name, age,\nphysical description and photograph, the charge for which he is sought, and any\nother information which may expedite his apprehension.\n\t\t\tb. At any time prior to disposition, if a juvenile charged with a delinquent\nact which would constitute a misdemeanor if committed by an adult, or held in\ncustody by a law-enforcement officer, or held in a secure facility pursuant to\nsuch charge becomes a fugitive from justice, the attorney for the Commonwealth\nmay, with notice to the juvenile’s attorney of record, petition the court\nhaving jurisdiction of the offense to authorize public release of the\njuvenile’s name, age, physical description and photograph, the charge for\nwhich he is sought or for which he was adjudicated and any other information\nwhich may expedite his apprehension. Upon a showing that the juvenile is a\nfugitive and for good cause, the court shall order release of this information\nto the public. If a juvenile charged with a delinquent act that would constitute\na misdemeanor if committed by an adult, or held in custody by a law-enforcement\nofficer, or held in a secure facility pursuant to such charge becomes a fugitive\nfrom justice at a time when the court is not in session, the attorney for the\nCommonwealth may, with notice to the juvenile’s attorney of record,\nauthorize the public release of the juvenile’s name, age, physical\ndescription and photograph, the charge for which he is sought, and any other\ninformation which may expedite his apprehension.\n\n 2. After final disposition, if a juvenile (i) found to have committed a\n delinquent act becomes a fugitive from justice or (ii) who has been committed\n to the Department of Juvenile Justice pursuant to subdivision A 14 of §\n 16.1-278.8 or § 16.1-285.1 becomes a fugitive from justice by escaping\n from a facility operated by or under contract with the Department or from the\n custody of any employee of such facility, the Department may release to the\n public the juvenile’s name, age, physical description and photograph,\n the charge for which he is sought or for which he was committed, and any other\n information which may expedite his apprehension. The Department shall promptly\n notify the attorney for the Commonwealth of the jurisdiction in which the\n juvenile was tried whenever information is released pursuant to this\n subdivision. If a juvenile specified in clause (i) being held after\n disposition in a secure facility not operated by or under contract with the\n Department becomes a fugitive by such escape, the attorney for the\n Commonwealth of the locality in which the facility is located may release the\n information as provided in this subdivision.\n\nC. Whenever a juvenile 14 years of age or older is charged with a delinquent act\nthat would be a criminal violation of Article 2 (§ 18.2-38 et seq.) of\nChapter 4 of Title 18.2, a felony involving a weapon, a felony violation of\nArticle 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or an “act\nof violence” as defined in subsection A of § 19.2-297.1 if committed\nby an adult, the judge may, where consideration of the public interest requires,\nmake the juvenile’s name and address available to the public.\n\nD. Upon the request of a victim of a delinquent act that would be a felony or\nthat would be a misdemeanor violation of § 16.1-253.2, 18.2-57, 18.2-57.2,\n18.2-60.3, 18.2-60.4, 18.2-67.4, or 18.2-67.5 if committed by an adult, the\ncourt may order that such victim be informed of the charge or charges brought,\nthe findings of the court, and the disposition of the case. For purposes of this\nsection, “victim” shall be defined as in § 19.2-11.01.\n\nE. Upon request, the judge or clerk may disclose if an order of emancipation of\na juvenile pursuant to § 16.1-333 has been entered, provided (i) the order\nis not being appealed, (ii) the order has not been terminated, or (iii) there\nhas not been a judicial determination that the order is void ab initio.\n\nF. Notwithstanding any other provision of law, a copy of any court order that\nimposes a curfew or other restriction on a juvenile may be provided to the chief\nlaw-enforcement officer of the county or city wherein the juvenile resides. The\nchief law-enforcement officer shall only disclose information contained in the\ncourt order to other law-enforcement officers in the conduct of official duties.\n\nG. Notwithstanding any other provision of law, where consideration of public\nsafety requires, the Department and locally operated court service unit shall\nrelease information relating to a juvenile’s criminal street gang\ninvolvement, if any, and the criminal street gang-related activity and\nmembership of others, as criminal street gang is defined in § 18.2-46.1,\nobtained from an investigation or supervision of a juvenile and shall include\nthe identity or identifying information of the juvenile; however, the Department\nand local court service unit shall not release the identifying information of a\njuvenile not affiliated with or involved in a criminal street gang unless that\ninformation relates to a specific criminal act. Such information shall be\nreleased to any State Police, local police department, sheriff’s office,\nor law-enforcement task force that is a part of or administered by the\nCommonwealth or any political subdivision thereof, and that is responsible for\nthe prevention and detection of crime and the enforcement of the penal, traffic,\nor highway laws of the Commonwealth. The exchange of information shall be for\nthe purpose of an investigation into criminal street gang activity.\n\nH. Notwithstanding any other provision of Article 12 (§ 16.1-299 et seq.),\na clerk of the court shall report to the Bureau of Immigration and Customs\nEnforcement of the U.S. Department of Homeland Security a juvenile who has been\ndetained in a secure facility but only upon an adjudication of delinquency or\nfinding of guilt for a violent juvenile felony and when there is evidence that\nthe juvenile is in the United States illegally.\n\nI. Notwithstanding any other provision of this article, whenever an intake\nofficer proceeds informally against a juvenile, the Department or local court\nservice unit may disclose only such information as necessary to enforce any\nprovision of the diversion program to any law-enforcement officer, school\nprincipal where such juvenile attends school, or known victim. Such information\nshall remain confidential and not be part of such juvenile’s academic\nrecord. Additionally, a local court service unit may provide information\nregarding the availability and ordering of a protective order and restitution\nand dispositional information to the victim in the case.\n\nHISTORY: 1979, c. 94; 1981, c. 307; 1986, c. 506; 1988, c. 749; 1993, c. 297;\n1994, cc. 499, 542; 1995, cc. 558, 687, 804; 1997, cc. 434, 452; 1999, c. 710;\n2000, cc. 563, 603; 2005, c. 364; 2006, cc. 259, 309, 682; 2008, c. 798; 2010,\ncc. 367, 472, 526; 2014, c. 230; 2020, cc. 995, 996; 2023, c. 677.","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}}