{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-388.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-388.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-388.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-388.html"}],"law_id":85019,"edition_id":1,"section_id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","history":"Code 1950, \u00a7 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118; 1975, c. 495; 1976, c. 771; 1982, c. 33; 1993, cc. 468, 926; 1996, cc. 755, 914; 2019, cc. 782, 783; 2025, c. 441.","full_text":"A\n\nIt shall be the duty of the Central Criminal Records Exchange to receive, classify, and file criminal history record information as defined in § 9.1-101 and other records required to be reported to it by §§ 16.1-299 and 19.2-390. The Exchange is authorized to prepare and furnish to all state and local law-enforcement officials and agencies; to clerks of circuit courts, general district courts, and juvenile and domestic relations district courts; and to corrections and penal officials, forms that shall be used for the making of such reports.B\n\nJuvenile records received pursuant to § 16.1-299 shall be maintained separately from adult records.C\n\nThe Exchange shall submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing a list of offenses with unapplied criminal history record information. Reports to the Office of the Executive Secretary of the Supreme Court of Virginia shall be quarterly and shall include all such offenses within the Commonwealth identified by jurisdiction and by court. Reports to the clerk of each circuit court and district court shall be quarterly and shall include only such offenses that were submitted by the respective clerk of court. Reports to attorneys for the Commonwealth shall be quarterly and shall include only such offenses that were submitted by law-enforcement agencies and courts in the county or city served by the respective attorney for the Commonwealth. Reports to law-enforcement agencies shall be monthly and shall include only such offenses for which the respective law-enforcement agency executed the arrest or issued the summons. For each offense, the report shall include, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record.D\n\nThe Exchange shall review offenses containing unapplied criminal history record information and shall make reasonable efforts to ensure that such information, including any offense of which the Exchange is notified pursuant to subdivision A 12 of § 9.1-176.1, subdivision F 7 or 8 of § 19.2-305.1, subsection B of § 53.1-23, or subdivision 13 or 14 of § 53.1-145, is applied to criminal history records. The Exchange may request and shall receive from the clerk of each circuit court and district court, attorneys for the Commonwealth, law-enforcement agencies, the Department of Corrections, the Department of Forensic Science, and local probation and community corrections agencies cooperation and assistance to obtain positive identification or to reconcile any inconsistencies, errors, or omissions within such unapplied criminal history record information.","order_by":null,"text":{"0":{"id":304750,"text":"It shall be the duty of the Central Criminal Records Exchange to receive, classify, and file criminal history record information as defined in § 9.1-101 and other records required to be reported to it by §§ 16.1-299 and 19.2-390. The Exchange is authorized to prepare and furnish to all state and local law-enforcement officials and agencies; to clerks of circuit courts, general district courts, and juvenile and domestic relations district courts; and to corrections and penal officials, forms that shall be used for the making of such reports.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304751,"text":"Juvenile records received pursuant to § 16.1-299 shall be maintained separately from adult records.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304752,"text":"The Exchange shall submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing a list of offenses with unapplied criminal history record information. Reports to the Office of the Executive Secretary of the Supreme Court of Virginia shall be quarterly and shall include all such offenses within the Commonwealth identified by jurisdiction and by court. Reports to the clerk of each circuit court and district court shall be quarterly and shall include only such offenses that were submitted by the respective clerk of court. Reports to attorneys for the Commonwealth shall be quarterly and shall include only such offenses that were submitted by law-enforcement agencies and courts in the county or city served by the respective attorney for the Commonwealth. Reports to law-enforcement agencies shall be monthly and shall include only such offenses for which the respective law-enforcement agency executed the arrest or issued the summons. For each offense, the report shall include, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304753,"text":"The Exchange shall review offenses containing unapplied criminal history record information and shall make reasonable efforts to ensure that such information, including any offense of which the Exchange is notified pursuant to subdivision A 12 of § 9.1-176.1, subdivision F 7 or 8 of § 19.2-305.1, subsection B of § 53.1-23, or subdivision 13 or 14 of § 53.1-145, is applied to criminal history records. The Exchange may request and shall receive from the clerk of each circuit court and district court, attorneys for the Commonwealth, law-enforcement agencies, the Department of Corrections, the Department of Forensic Science, and local probation and community corrections agencies cooperation and assistance to obtain positive identification or to reconcile any inconsistencies, errors, or omissions within such unapplied criminal history record information.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15051,"edition_id":1,"name":"Central Criminal Records Exchange","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:45","date_modified":"2026-06-26 03:51:45","permalink":{"id":170405,"object_type":"structure","relational_id":15051,"identifier":"23","token":"19.2\/23","url":"\/19.2\/23\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60081,"structure_id":15051,"section_number":"19.2-387","catch_line":"Exchange to operate as a division of Department of State Police; authority of Superintendent of State Police","url":"\/19.2-387\/","token":"19.2\/23\/19.2-387","metadata":false},{"id":86405,"structure_id":15051,"section_number":"19.2-387.1","catch_line":"Protective Order Registry; maintenance; access","url":"\/19.2-387.1\/","token":"19.2\/23\/19.2-387.1","metadata":false},{"id":64486,"structure_id":15051,"section_number":"19.2-387.2","catch_line":"National Crime Prevention and Privacy Compact of 1998","url":"\/19.2-387.2\/","token":"19.2\/23\/19.2-387.2","metadata":false},{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},{"id":85019,"structure_id":15051,"section_number":"19.2-388","catch_line":"Duties and authority of Exchange","url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","metadata":false},{"id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","metadata":false},{"id":81089,"structure_id":15051,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","url":"\/19.2-389\/","token":"19.2\/23\/19.2-389","metadata":false},{"id":63594,"structure_id":15051,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","url":"\/19.2-389.1\/","token":"19.2\/23\/19.2-389.1","metadata":false},{"id":58752,"structure_id":15051,"section_number":"19.2-389.2","catch_line":"Background checks of applicants of the Metropolitan Washington Airports Authority","url":"\/19.2-389.2\/","token":"19.2\/23\/19.2-389.2","metadata":false},{"id":64557,"structure_id":15051,"section_number":"19.2-389.3","catch_line":"(Repealed effective July 1, 2026) Marijuana possession; limits on dissemination of criminal history record information; prohibited practices by employers, educational institutions, and state and local governments; penalty","url":"\/19.2-389.3\/","token":"19.2\/23\/19.2-389.3","metadata":false},{"id":82582,"structure_id":15051,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","url":"\/19.2-390\/","token":"19.2\/23\/19.2-390","metadata":false},{"id":79559,"structure_id":15051,"section_number":"19.2-390.01","catch_line":"Use of Virginia crime code references required","url":"\/19.2-390.01\/","token":"19.2\/23\/19.2-390.01","metadata":false},{"id":80326,"structure_id":15051,"section_number":"19.2-390.02","catch_line":"Policies and procedures for law enforcement to conduct in-person and photo lineups","url":"\/19.2-390.02\/","token":"19.2\/23\/19.2-390.02","metadata":false},{"id":72817,"structure_id":15051,"section_number":"19.2-390.03","catch_line":"Development and dissemination of model policy on fingerprinting and reports to the Central Criminal Records Exchange","url":"\/19.2-390.03\/","token":"19.2\/23\/19.2-390.03","metadata":false},{"id":86792,"structure_id":15051,"section_number":"19.2-390.04","catch_line":"Custodial interrogations; recording","url":"\/19.2-390.04\/","token":"19.2\/23\/19.2-390.04","metadata":false},{"id":78107,"structure_id":15051,"section_number":"19.2-390.1","catch_line":"Sex Offender and Crimes Against Minors Registry; maintenance; access","url":"\/19.2-390.1\/","token":"19.2\/23\/19.2-390.1","metadata":false},{"id":63898,"structure_id":15051,"section_number":"19.2-390.2","catch_line":"Repealed","url":"\/19.2-390.2\/","token":"19.2\/23\/19.2-390.2","metadata":false},{"id":71334,"structure_id":15051,"section_number":"19.2-390.3","catch_line":"Child Pornography Registry; maintenance; access; required information","url":"\/19.2-390.3\/","token":"19.2\/23\/19.2-390.3","metadata":false},{"id":57371,"structure_id":15051,"section_number":"19.2-391","catch_line":"Records to be made available to Exchange by state officials and agencies; duplication of records","url":"\/19.2-391\/","token":"19.2\/23\/19.2-391","metadata":false},{"id":80211,"structure_id":15051,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","url":"\/19.2-392\/","token":"19.2\/23\/19.2-392","metadata":false},{"id":59254,"structure_id":15051,"section_number":"19.2-392.01","catch_line":"Judges may require taking of fingerprints and photographs in certain misdemeanor cases","url":"\/19.2-392.01\/","token":"19.2\/23\/19.2-392.01","metadata":false},{"id":61280,"structure_id":15051,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","url":"\/19.2-392.02\/","token":"19.2\/23\/19.2-392.02","metadata":false}],"previous_section":{"id":70372,"structure_id":15051,"section_number":"19.2-387.3","catch_line":"Substantial Risk Order Registry; maintenance; access","url":"\/19.2-387.3\/","token":"19.2\/23\/19.2-387.3","metadata":false},"next_section":{"id":57466,"structure_id":15051,"section_number":"19.2-388.1","catch_line":"Fingerprints submitted by Live Scan device","url":"\/19.2-388.1\/","token":"19.2\/23\/19.2-388.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-388\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1966, chapter 669; in 1968, chapter 537; in 1970, chapter 118; in 1975, chapter 495; in 1976, chapter 771; in 1982, chapter 33; in 1993, chapters 468 and 926; in 1996, chapters 755<\/a> and 914<\/a>; in 2019, chapters 782<\/a> and 783<\/a>; in 2025, chapter 441<\/a>.<\/p>","references":false,"refers_to":[{"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":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":63884,"section_number":"53.1-145","catch_line":"Powers and duties of probation and parole officers","order_by":null,"url":"\/53.1-145\/"},{"id":64179,"section_number":"53.1-23","catch_line":"Fingerprints, photographs and description","order_by":null,"url":"\/53.1-23\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"},{"id":64930,"section_number":"9.1-176.1","catch_line":"Duties and responsibilities of local community-based probation officers","order_by":null,"url":"\/9.1-176.1\/"}],"permalink":{"id":170423,"object_type":"law","relational_id":85019,"identifier":"19.2-388","token":"19.2\/23\/19.2-388","url":"\/19.2-388\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-388\/","token":"19.2\/23\/19.2-388","dublin_core":{"Title":"Duties and authority of Exchange","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-388","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be the duty of the Central Criminal Records Exchange to receive, classify, and file criminal history record information as defined in § 9.1-101<\/a> and other records required to be reported to it by §§ 16.1-299<\/a> and 19.2-390<\/a>. The Exchange is authorized to prepare and furnish to all state and local law<\/span>-enforcement officials and agencies; to clerks of circuit<\/span> courts<\/span>, general district courts<\/span>, and juvenile and domestic relations district courts<\/span>; and to corrections and penal officials, forms that shall be used for the making of such reports. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Juvenile records received pursuant to § 16.1-299<\/a> shall be maintained separately from adult records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Exchange shall submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit<\/span> court and district court, attorneys for the Commonwealth, and law<\/span>-enforcement agencies containing a list of offenses<\/span> with unapplied criminal history record information. Reports to the Office of the Executive Secretary of the Supreme Court of Virginia shall be quarterly and shall include all such offenses<\/span> within the Commonwealth identified by jurisdiction<\/span> and by court. Reports to the clerk of each circuit<\/span> court and district court shall be quarterly and shall include only such offenses<\/span> that were submitted by the respective clerk of court<\/span>. Reports to attorneys for the Commonwealth shall be quarterly and shall include only such offenses<\/span> that were submitted by law<\/span>-enforcement agencies and courts<\/span> in the county or city served by the respective attorney for the Commonwealth. Reports to law<\/span>-enforcement agencies shall be monthly and shall include only such offenses<\/span> for which the respective law<\/span>-enforcement agency executed the arrest<\/span> or issued the summons<\/span>. For each offense<\/span>, the report shall include, if known, the name and any other identifying information of the defendant<\/span>, any identifying court case information, the date of submission to the Exchange, and the reason the offense<\/span> could not be applied to the criminal history record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Exchange shall review offenses<\/span> containing unapplied criminal history record information and shall make reasonable efforts to ensure that such information, including any offense<\/span> of which the Exchange is notified pursuant to subdivision A 12 of § 9.1-176.1<\/a>, subdivision F 7 or 8 of § 19.2-305.1<\/a>, subsection B of § 53.1-23<\/a>, or subdivision 13 or 14 of § 53.1-145<\/a>, is applied to criminal history records. The Exchange may request and shall receive from the clerk of each circuit<\/span> court and district court, attorneys for the Commonwealth, law<\/span>-enforcement agencies, the Department of Corrections, the Department of Forensic Science, and local probation<\/span> and community corrections agencies cooperation and assistance to obtain positive identification or to reconcile any inconsistencies, errors, or omissions within such unapplied criminal history record information. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTIES AND AUTHORITY OF EXCHANGE (\u00a7 19.2-388)\n\nA. It shall be the duty of the Central Criminal Records Exchange to receive,\nclassify, and file criminal history record information as defined in §\n9.1-101 and other records required to be reported to it by §§ 16.1-299\nand 19.2-390. The Exchange is authorized to prepare and furnish to all state and\nlocal law-enforcement officials and agencies; to clerks of circuit courts,\ngeneral district courts, and juvenile and domestic relations district courts;\nand to corrections and penal officials, forms that shall be used for the making\nof such reports.\n\nB. Juvenile records received pursuant to § 16.1-299 shall be maintained\nseparately from adult records.\n\nC. The Exchange shall submit periodic reports to the Office of the Executive\nSecretary of the Supreme Court of Virginia, the clerk of each circuit court and\ndistrict court, attorneys for the Commonwealth, and law-enforcement agencies\ncontaining a list of offenses with unapplied criminal history record\ninformation. Reports to the Office of the Executive Secretary of the Supreme\nCourt of Virginia shall be quarterly and shall include all such offenses within\nthe Commonwealth identified by jurisdiction and by court. Reports to the clerk\nof each circuit court and district court shall be quarterly and shall include\nonly such offenses that were submitted by the respective clerk of court. Reports\nto attorneys for the Commonwealth shall be quarterly and shall include only such\noffenses that were submitted by law-enforcement agencies and courts in the\ncounty or city served by the respective attorney for the Commonwealth. Reports\nto law-enforcement agencies shall be monthly and shall include only such\noffenses for which the respective law-enforcement agency executed the arrest or\nissued the summons. For each offense, the report shall include, if known, the\nname and any other identifying information of the defendant, any identifying\ncourt case information, the date of submission to the Exchange, and the reason\nthe offense could not be applied to the criminal history record.\n\nD. The Exchange shall review offenses containing unapplied criminal history\nrecord information and shall make reasonable efforts to ensure that such\ninformation, including any offense of which the Exchange is notified pursuant to\nsubdivision A 12 of § 9.1-176.1, subdivision F 7 or 8 of § 19.2-305.1,\nsubsection B of § 53.1-23, or subdivision 13 or 14 of § 53.1-145, is\napplied to criminal history records. The Exchange may request and shall receive\nfrom the clerk of each circuit court and district court, attorneys for the\nCommonwealth, law-enforcement agencies, the Department of Corrections, the\nDepartment of Forensic Science, and local probation and community corrections\nagencies cooperation and assistance to obtain positive identification or to\nreconcile any inconsistencies, errors, or omissions within such unapplied\ncriminal history record information.\n\nHISTORY: Code 1950, \u00a7 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118;\n1975, c. 495; 1976, c. 771; 1982, c. 33; 1993, cc. 468, 926; 1996, cc. 755, 914;\n2019, cc. 782, 783; 2025, c. 441.","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}}