{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3706.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3706.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3706.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3706.html"}],"law_id":76628,"edition_id":1,"section_id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","history":"1999, cc. 703, 726, \u00a7 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc. 393, 715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010, c. 627; 2011, cc. 798, 871; 2013, c. 695; 2016, cc. 184, 546; 2017, c. 828; 2018, c. 48; 2021, Sp. Sess. I, c. 483; 2023, c. 420; 2025, cc. 634, 671.","full_text":"A\n\nRecords required to be released. All public bodies engaged in criminal law-enforcement activities shall provide the following records when requested in accordance with the provisions of this chapter:1\n\nAdult arrestee photographs taken during the initial intake following the arrest and as part of the routine booking procedure, except when necessary to avoid jeopardizing an investigation in felony cases until such time as the release of the photograph will no longer jeopardize the investigation;2\n\nInformation relative to the identity of any individual, other than a juvenile, who is arrested and charged, and the status of the charge or arrest; and3\n\nRecords of completed unattended death investigations to the parent or spouse of the decedent or, if there is no living parent or spouse, to the most immediate family member of the decedent, provided the person is not a person of interest or a suspect. For the purposes of this subdivision, &#8220;unattended death&#8221; means a death determined to be a suicide, accidental or natural death where no criminal charges will be initiated, and &#8220;immediate family&#8221; means the decedent&#8217;s personal representative or, if no personal representative has qualified, the decedent&#8217;s next of kin in order of intestate succession as set forth in &#xA7; 64.2-200.B\n\nDiscretionary releases. The following records are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except where such disclosure is prohibited by law:1\n\nCriminal investigative files, defined as any documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence, relating to a criminal investigation or prosecution not required to be disclosed in accordance with &#xA7; 2.2-3706.1;2\n\nReports submitted in confidence to (i) state and local law-enforcement agencies, (ii) investigators authorized pursuant to Chapter 3.2 (&#xA7; 2.2-307 et seq.), and (iii) campus police departments of public institutions of higher education established pursuant to Article 3 (&#xA7; 23.1-809 et seq.) of Chapter 8 of Title 23.1;3\n\nRecords of local law-enforcement agencies relating to neighborhood watch programs that include the names, addresses, and operating schedules of individual participants in the program that are provided to such agencies under a promise of anonymity;4\n\nAll records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment;5\n\nRecords of law-enforcement agencies, to the extent that such records contain specific tactical plans, the disclosure of which would jeopardize the safety or security of law-enforcement personnel or the general public;6\n\nAll records of adult persons under (i) investigation or supervision by a local pretrial services agency in accordance with Article 5 (&#xA7; 19.2-152.2 et seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervision, or monitoring by a local community-based probation services agency in accordance with Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title 9.1; or (iii) investigation or supervision by state probation and parole services in accordance with Article 2 (&#xA7; 53.1-141 et seq.) of Chapter 4 of Title 53.1;7\n\nRecords of a law-enforcement agency to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties;8\n\nThose portions of any records containing information related to undercover operations or protective details that would reveal the staffing, logistics, or tactical plans of such undercover operations or protective details. Nothing in this subdivision shall operate to allow the withholding of information concerning the overall costs or expenses associated with undercover operations or protective details;9\n\nRecords of (i) background investigations of applicants for law-enforcement agency employment, (ii) administrative investigations relating to allegations of wrongdoing by employees of a law-enforcement agency, and (iii) other administrative investigations conducted by law-enforcement agencies that are made confidential by law;10\n\nThe identity of any victim, witness, or undercover officer, or investigative techniques or procedures. However, the identity of any victim or witness shall be withheld if disclosure is prohibited or restricted under &#xA7; 19.2-11.2; and11\n\nRecords of the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1, including information obtained from state, local, and regional officials, except to the extent that information is required to be posted on the Internet pursuant to &#xA7; 9.1-913.C\n\nProhibited releases. The following records shall not be disclosed under the provisions of this chapter:1\n\nThe identity of any individual providing information about a crime or criminal activity under a promise of anonymity;2\n\nAny record that has been expunged pursuant to &#xA7; 19.2-392.2, unless dissemination is authorized pursuant to &#xA7; 19.2-392.3 or 19.2-392.3:1; and3\n\nAny record that has been sealed pursuant to &#xA7; 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17, unless dissemination is authorized pursuant to &#xA7; 19.2-392.13 and the rules and regulations adopted pursuant to &#xA7; 9.1-128 and the procedures adopted pursuant to &#xA7; 9.1-134.D\n\nNoncriminal records. Public bodies (i) engaged in emergency medical services, (ii) engaged in fire protection services, (iii) engaged in criminal law-enforcement activities, or (iv) engaged in processing calls for service or other communications to an emergency 911 system or any other equivalent reporting system may withhold those portions of noncriminal incident or other noncriminal investigative reports or materials that contain identifying information of a personal, medical, or financial nature where the release of such information would jeopardize the safety or privacy of any person. Access to personnel records of persons employed by a public body engaged in emergency medical services or fire protection services, a law-enforcement agency, or an emergency 911 system or any other equivalent reporting system shall be governed by the provisions of subdivision B 9 and subdivision 1 of &#xA7; 2.2-3705.1, as applicable.E\n\nRecords of any call for service or other communication to an emergency 911 system or communicated with any other equivalent reporting system shall be subject to the provisions of this chapter.F\n\nConflict resolution. In the event of conflict between this section as it relates to requests made under this section and other provisions of law, this section shall control.","order_by":null,"text":{"0":{"id":275075,"text":"Records required to be released. All public bodies engaged in criminal law-enforcement activities shall provide the following records when requested in accordance with the provisions of this chapter:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":275076,"text":"Adult arrestee photographs taken during the initial intake following the arrest and as part of the routine booking procedure, except when necessary to avoid jeopardizing an investigation in felony cases until such time as the release of the photograph will no longer jeopardize the investigation;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":275077,"text":"Information relative to the identity of any individual, other than a juvenile, who is arrested and charged, and the status of the charge or arrest; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":275078,"text":"Records of completed unattended death investigations to the parent or spouse of the decedent or, if there is no living parent or spouse, to the most immediate family member of the decedent, provided the person is not a person of interest or a suspect. For the purposes of this subdivision, &#8220;unattended death&#8221; means a death determined to be a suicide, accidental or natural death where no criminal charges will be initiated, and &#8220;immediate family&#8221; means the decedent&#8217;s personal representative or, if no personal representative has qualified, the decedent&#8217;s next of kin in order of intestate succession as set forth in &#xA7; 64.2-200.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":275079,"text":"Discretionary releases. The following records are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except where such disclosure is prohibited by law:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":275080,"text":"Criminal investigative files, defined as any documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence, relating to a criminal investigation or prosecution not required to be disclosed in accordance with &#xA7; 2.2-3706.1;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":275081,"text":"Reports submitted in confidence to (i) state and local law-enforcement agencies, (ii) investigators authorized pursuant to Chapter 3.2 (&#xA7; 2.2-307 et seq.), and (iii) campus police departments of public institutions of higher education established pursuant to Article 3 (&#xA7; 23.1-809 et seq.) of Chapter 8 of Title 23.1;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":275082,"text":"Records of local law-enforcement agencies relating to neighborhood watch programs that include the names, addresses, and operating schedules of individual participants in the program that are provided to such agencies under a promise of anonymity;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":275083,"text":"All records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":275084,"text":"Records of law-enforcement agencies, to the extent that such records contain specific tactical plans, the disclosure of which would jeopardize the safety or security of law-enforcement personnel or the general public;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":275085,"text":"All records of adult persons under (i) investigation or supervision by a local pretrial services agency in accordance with Article 5 (&#xA7; 19.2-152.2 et seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation supervision, or monitoring by a local community-based probation services agency in accordance with Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of Title 9.1; or (iii) investigation or supervision by state probation and parole services in accordance with Article 2 (&#xA7; 53.1-141 et seq.) of Chapter 4 of Title 53.1;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"11":{"id":275086,"text":"Records of a law-enforcement agency to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"12":{"id":275087,"text":"Those portions of any records containing information related to undercover operations or protective details that would reveal the staffing, logistics, or tactical plans of such undercover operations or protective details. Nothing in this subdivision shall operate to allow the withholding of information concerning the overall costs or expenses associated with undercover operations or protective details;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"13":{"id":275088,"text":"Records of (i) background investigations of applicants for law-enforcement agency employment, (ii) administrative investigations relating to allegations of wrongdoing by employees of a law-enforcement agency, and (iii) other administrative investigations conducted by law-enforcement agencies that are made confidential by law;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"14":{"id":275089,"text":"The identity of any victim, witness, or undercover officer, or investigative techniques or procedures. However, the identity of any victim or witness shall be withheld if disclosure is prohibited or restricted under &#xA7; 19.2-11.2; and","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"15":{"id":275090,"text":"Records of the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (&#xA7; 9.1-900 et seq.) of Title 9.1, including information obtained from state, local, and regional officials, except to the extent that information is required to be posted on the Internet pursuant to &#xA7; 9.1-913.","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"C"},"16":{"id":275091,"text":"Prohibited releases. The following records shall not be disclosed under the provisions of this chapter:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B11","next_prefix":"C1"},"17":{"id":275092,"text":"The identity of any individual providing information about a crime or criminal activity under a promise of anonymity;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"18":{"id":275093,"text":"Any record that has been expunged pursuant to &#xA7; 19.2-392.2, unless dissemination is authorized pursuant to &#xA7; 19.2-392.3 or 19.2-392.3:1; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"19":{"id":275094,"text":"Any record that has been sealed pursuant to &#xA7; 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17, unless dissemination is authorized pursuant to &#xA7; 19.2-392.13 and the rules and regulations adopted pursuant to &#xA7; 9.1-128 and the procedures adopted pursuant to &#xA7; 9.1-134.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"20":{"id":275095,"text":"Noncriminal records. Public bodies (i) engaged in emergency medical services, (ii) engaged in fire protection services, (iii) engaged in criminal law-enforcement activities, or (iv) engaged in processing calls for service or other communications to an emergency 911 system or any other equivalent reporting system may withhold those portions of noncriminal incident or other noncriminal investigative reports or materials that contain identifying information of a personal, medical, or financial nature where the release of such information would jeopardize the safety or privacy of any person. Access to personnel records of persons employed by a public body engaged in emergency medical services or fire protection services, a law-enforcement agency, or an emergency 911 system or any other equivalent reporting system shall be governed by the provisions of subdivision B 9 and subdivision 1 of &#xA7; 2.2-3705.1, as applicable.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"21":{"id":275096,"text":"Records of any call for service or other communication to an emergency 911 system or communicated with any other equivalent reporting system shall be subject to the provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"22":{"id":275097,"text":"Conflict resolution. In the event of conflict between this section as it relates to requests made under this section and other provisions of law, this section shall control.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; policy","url":"\/2.2-3700\/","token":"2.2\/II\/B\/37\/2.2-3700","metadata":false},{"id":62411,"structure_id":12976,"section_number":"2.2-3701","catch_line":"Definitions","url":"\/2.2-3701\/","token":"2.2\/II\/B\/37\/2.2-3701","metadata":false},{"id":84993,"structure_id":12976,"section_number":"2.2-3702","catch_line":"Notice of chapter","url":"\/2.2-3702\/","token":"2.2\/II\/B\/37\/2.2-3702","metadata":false},{"id":72501,"structure_id":12976,"section_number":"2.2-3703","catch_line":"Public bodies and records to which chapter inapplicable; voter registration and election records; access by persons incarcerated in a state, local, or federal correctional facility","url":"\/2.2-3703\/","token":"2.2\/II\/B\/37\/2.2-3703","metadata":false},{"id":65525,"structure_id":12976,"section_number":"2.2-3703.1","catch_line":"Disclosure pursuant to court order or subpoena","url":"\/2.2-3703.1\/","token":"2.2\/II\/B\/37\/2.2-3703.1","metadata":false},{"id":55816,"structure_id":12976,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","url":"\/2.2-3704\/","token":"2.2\/II\/B\/37\/2.2-3704","metadata":false},{"id":59602,"structure_id":12976,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","url":"\/2.2-3704.01\/","token":"2.2\/II\/B\/37\/2.2-3704.01","metadata":false},{"id":85069,"structure_id":12976,"section_number":"2.2-3704.1","catch_line":"Posting of notice of rights and responsibilities by state and local public bodies; assistance by the Freedom of Information Advisory Council","url":"\/2.2-3704.1\/","token":"2.2\/II\/B\/37\/2.2-3704.1","metadata":false},{"id":71452,"structure_id":12976,"section_number":"2.2-3704.2","catch_line":"Public bodies to designate FOIA officer","url":"\/2.2-3704.2\/","token":"2.2\/II\/B\/37\/2.2-3704.2","metadata":false},{"id":84504,"structure_id":12976,"section_number":"2.2-3704.3","catch_line":"Training for local officials","url":"\/2.2-3704.3\/","token":"2.2\/II\/B\/37\/2.2-3704.3","metadata":false},{"id":86102,"structure_id":12976,"section_number":"2.2-3705","catch_line":"Repealed","url":"\/2.2-3705\/","token":"2.2\/II\/B\/37\/2.2-3705","metadata":false},{"id":72874,"structure_id":12976,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; 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health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},"next_section":{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3706\/","history_text":"<p>This law was first created in 1999. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0703\">703<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0726\">726<\/a> 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. It has been modified 14 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 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0227\">227<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2002, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0393\">393<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0715\">715<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0769\">769<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0830\">830<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0685\">685<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0735\">735<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0857\">857<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0914\">914<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0133\">133<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0627\">627<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0798\">798<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0871\">871<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0695\">695<\/a>; in 2016, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0184\">184<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0546\">546<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0828\">828<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0048\">48<\/a>; in 2023, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0420\">420<\/a>; in 2025, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0634\">634<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0671\">671<\/a>.<\/p>","references":[{"id":87347,"section_number":"15.2-1713.1","catch_line":"Local \"Crime Stoppers\" programs; confidentiality","order_by":null,"url":"\/15.2-1713.1\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"}],"refers_to":[{"id":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"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":71781,"section_number":"19.2-392.10","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal","order_by":null,"url":"\/19.2-392.10\/"},{"id":59687,"section_number":"19.2-392.11","catch_line":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","order_by":null,"url":"\/19.2-392.11\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":80433,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","order_by":null,"url":"\/19.2-392.17\/"},{"id":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"},{"id":68382,"section_number":"19.2-392.3","catch_line":"Disclosure of expunged records","order_by":null,"url":"\/19.2-392.3\/"},{"id":84742,"section_number":"19.2-392.3:1","catch_line":"Motion for the disclosure of expunged police and court records in a civil case","order_by":null,"url":"\/19.2-392.3_1\/"},{"id":86101,"section_number":"19.2-392.6:1","catch_line":"(Effective July 1, 2026) Sealing of former possession of marijuana offenses without entry of a court order","order_by":null,"url":"\/19.2-392.6_1\/"},{"id":60343,"section_number":"19.2-392.7","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition","order_by":null,"url":"\/19.2-392.7\/"},{"id":77668,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","order_by":null,"url":"\/19.2-392.8\/"},{"id":83095,"section_number":"2.2-307","catch_line":"Definitions","order_by":null,"url":"\/2.2-307\/"},{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"},{"id":78370,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","order_by":null,"url":"\/2.2-3706.1\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":74289,"section_number":"53.1-141","catch_line":"Division into probation and parole districts","order_by":null,"url":"\/53.1-141\/"},{"id":80755,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","order_by":null,"url":"\/9.1-128\/"},{"id":55140,"section_number":"9.1-173","catch_line":"Purpose","order_by":null,"url":"\/9.1-173\/"},{"id":69731,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","order_by":null,"url":"\/9.1-900\/"}],"permalink":{"id":176525,"object_type":"law","relational_id":76628,"identifier":"2.2-3706","token":"2.2\/II\/B\/37\/2.2-3706","url":"\/2.2-3706\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","dublin_core":{"Title":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3706","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Records required to be released. All <span class=\"dictionary\">public bodies<\/span> engaged in criminal <span class=\"dictionary\">law<\/span>-enforcement activities shall provide the following records when requested in accordance with the provisions of this chapter: <a id=\"paragraph-275075\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Adult arrestee photographs taken during the initial intake following the <span class=\"dictionary\">arrest<\/span> and as part of the routine booking procedure, except when necessary to avoid jeopardizing an investigation in <span class=\"dictionary\">felony<\/span> cases until such time as the release of the photograph will no longer jeopardize the investigation; <a id=\"paragraph-275076\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Information relative to the identity of any individual, other than a juvenile, who is arrested and charged, and the status of the charge or <span class=\"dictionary\">arrest<\/span>; and <a id=\"paragraph-275077\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Records of completed <span class=\"dictionary\">unattended death<\/span> investigations to the parent or spouse of the decedent or, if there is no living parent or spouse, to the most <span class=\"dictionary\">immediate family<\/span> member of the decedent, provided the person is not a person of interest or a suspect. For the purposes of this subdivision, &#8220;<span class=\"dictionary\">unattended death<\/span>&#8221; means a death determined to be a suicide, accidental or natural death where no criminal charges will be initiated, and &#8220;<span class=\"dictionary\">immediate family<\/span>&#8221; means the decedent&#8217;s personal representative or, if no personal representative has qualified, the decedent&#8217;s next of kin in <span class=\"dictionary\">order<\/span> of intestate succession as set forth in &#xA7; <a class=\"law\" title=\"Course of descents generally; right of Commonwealth if no other heir\" href=\"\/64.2-200\/\">64.2-200<\/a>. <a id=\"paragraph-275078\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Discretionary releases. The following records are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except where such disclosure is prohibited by <span class=\"dictionary\">law<\/span>: <a id=\"paragraph-275079\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Criminal investigative files, defined as any documents and information, including complaints, <span class=\"dictionary\">court orders<\/span>, memoranda, notes, diagrams, maps, photographs, correspondence, reports, <span class=\"dictionary\">witness<\/span> statements, and <span class=\"dictionary\">evidence<\/span>, relating to a criminal investigation or <span class=\"dictionary\">prosecution<\/span> not required to be disclosed in accordance with &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations\" href=\"\/2.2-3706.1\/\">2.2-3706.1<\/a>; <a id=\"paragraph-275080\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Reports submitted in confidence to (i) state and local <span class=\"dictionary\">law<\/span>-enforcement agencies, (ii) investigators authorized pursuant to Chapter 3.2 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/2.2-307\/\">2.2-307<\/a> et seq.), and (iii) campus police departments of public institutions of higher education established pursuant to Article 3 (&#xA7; <a class=\"law\" title=\"Public institutions of higher education; establishment of campus police departments authorized; employment of officers\" href=\"\/23.1-809\/\">23.1-809<\/a> et seq.) of Chapter 8 of Title 23.1; <a id=\"paragraph-275081\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Records of local <span class=\"dictionary\">law<\/span>-enforcement agencies relating to neighborhood watch programs that include the names, addresses, and operating <span class=\"dictionary\">schedules<\/span> of individual participants in the program that are provided to such agencies under a promise of anonymity; <a id=\"paragraph-275082\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> All records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment; <a id=\"paragraph-275083\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Records of <span class=\"dictionary\">law<\/span>-enforcement agencies, to the extent that such records contain specific tactical plans, the disclosure of which would jeopardize the safety or security of <span class=\"dictionary\">law<\/span>-enforcement personnel or the general public; <a id=\"paragraph-275084\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> All records of adult persons under (i) investigation or supervision by a local <span class=\"dictionary\">pretrial services<\/span> agency in accordance with Article 5 (&#xA7; <a class=\"law\" title=\"Purpose; establishment of pretrial services and services agencies\" href=\"\/19.2-152.2\/\">19.2-152.2<\/a> et seq.) of Chapter 9 of Title 19.2; (ii) investigation, <span class=\"dictionary\">probation<\/span> supervision, or monitoring by a local community-based <span class=\"dictionary\">probation<\/span> services agency in accordance with Article 9 (&#xA7; <a class=\"law\" title=\"Purpose\" href=\"\/9.1-173\/\">9.1-173<\/a> et seq.) of Chapter 1 of Title 9.1; or (iii) investigation or supervision by state <span class=\"dictionary\">probation<\/span> and <span class=\"dictionary\">parole<\/span> services in accordance with Article 2 (&#xA7; <a class=\"law\" title=\"Division into probation and parole districts\" href=\"\/53.1-141\/\">53.1-141<\/a> et seq.) of Chapter 4 of Title 53.1; <a id=\"paragraph-275085\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Records of a <span class=\"dictionary\">law<\/span>-enforcement agency to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties; <a id=\"paragraph-275086\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> Those portions of any records containing information related to undercover operations or protective details that would reveal the staffing, logistics, or tactical plans of such undercover operations or protective details. Nothing in this subdivision shall operate to allow the withholding of information concerning the overall costs or expenses associated with undercover operations or protective details; <a id=\"paragraph-275087\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> Records of (i) background investigations of applicants for <span class=\"dictionary\">law<\/span>-enforcement agency employment, (ii) administrative investigations relating to <span class=\"dictionary\">allegations<\/span> of wrongdoing by employees of a <span class=\"dictionary\">law<\/span>-enforcement agency, and (iii) other administrative investigations conducted by <span class=\"dictionary\">law<\/span>-enforcement agencies that are made confidential by <span class=\"dictionary\">law<\/span>; <a id=\"paragraph-275088\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> The identity of any victim, <span class=\"dictionary\">witness<\/span>, or undercover officer, or investigative techniques or procedures. However, the identity of any victim or <span class=\"dictionary\">witness<\/span> shall be withheld if disclosure is prohibited or restricted under &#xA7; <a class=\"law\" title=\"Crime victim&#039;s right to nondisclosure of certain information; exceptions; testimonial privilege\" href=\"\/19.2-11.2\/\">19.2-11.2<\/a>; and <a id=\"paragraph-275089\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> Records of the Sex Offender and <span class=\"dictionary\">Crimes<\/span> Against <span class=\"dictionary\">Minors<\/span> Registry maintained by the Department of State Police pursuant to Chapter 9 (&#xA7; <a class=\"law\" title=\"Purpose of the Sex Offender and Crimes Against Minors Registry\" href=\"\/9.1-900\/\">9.1-900<\/a> et seq.) of Title 9.1, including information obtained from state, local, and regional officials, except to the extent that information is required to be posted on the Internet pursuant to &#xA7; <a class=\"law\" title=\"Public dissemination by means of the Internet\" href=\"\/9.1-913\/\">9.1-913<\/a>. <a id=\"paragraph-275090\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#B11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Prohibited releases. The following records shall not be disclosed under the provisions of this chapter: <a id=\"paragraph-275091\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The identity of any individual providing information about a <span class=\"dictionary\">crime<\/span> or criminal activity under a promise of anonymity; <a id=\"paragraph-275092\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any record that has been expunged pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Expungement of police and court records\" href=\"\/19.2-392.2\/\">19.2-392.2<\/a>, unless dissemination is authorized pursuant to &#xA7; <a class=\"law\" title=\"Disclosure of expunged records\" href=\"\/19.2-392.3\/\">19.2-392.3<\/a> or <a class=\"law\" title=\"Motion for the disclosure of expunged police and court records in a civil case\" href=\"\/19.2-392.3_1\/\">19.2-392.3:1<\/a>; and <a id=\"paragraph-275093\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Any record that has been <span class=\"dictionary\">sealed<\/span> pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of former possession of marijuana offenses without entry of a court order\" href=\"\/19.2-392.6_1\/\">19.2-392.6:1<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition\" href=\"\/19.2-392.7\/\">19.2-392.7<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal\" href=\"\/19.2-392.8\/\">19.2-392.8<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal\" href=\"\/19.2-392.10\/\">19.2-392.10<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record\" href=\"\/19.2-392.11\/\">19.2-392.11<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition\" href=\"\/19.2-392.12\/\">19.2-392.12<\/a>, <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition\" href=\"\/19.2-392.12_1\/\">19.2-392.12:1<\/a>, or <a class=\"law\" title=\"(Effective July 1, 2026) Traffic infractions deemed sealed\" href=\"\/19.2-392.17\/\">19.2-392.17<\/a>, unless dissemination is authorized pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records\" href=\"\/19.2-392.13\/\">19.2-392.13<\/a> and the rules and regulations adopted pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures\" href=\"\/9.1-128\/\">9.1-128<\/a> and the procedures adopted pursuant to &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Sealing of criminal history record information\" href=\"\/9.1-134\/\">9.1-134<\/a>. <a id=\"paragraph-275094\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Noncriminal records. <span class=\"dictionary\">Public bodies<\/span> (i) engaged in <span class=\"dictionary\">emergency<\/span> medical services, (ii) engaged in fire protection services, (iii) engaged in criminal <span class=\"dictionary\">law<\/span>-enforcement activities, or (iv) engaged in processing calls for service or other communications to an <span class=\"dictionary\">emergency<\/span> 911 system or any other equivalent reporting system may withhold those portions of noncriminal incident or other noncriminal investigative reports or <span class=\"dictionary\">materials<\/span> that contain identifying information of a personal, medical, or financial nature where the release of such information would jeopardize the safety or privacy of any person. Access to personnel records of persons employed by a <span class=\"dictionary\">public body<\/span> engaged in <span class=\"dictionary\">emergency<\/span> medical services or fire protection services, a <span class=\"dictionary\">law<\/span>-enforcement agency, or an <span class=\"dictionary\">emergency<\/span> 911 system or any other equivalent reporting system shall be governed by the provisions of subdivision B 9 and subdivision 1 of &#xA7; <a class=\"law\" title=\"Exclusions to application of chapter; exclusions of general application to public bodies\" href=\"\/2.2-3705.1\/\">2.2-3705.1<\/a>, as applicable. <a id=\"paragraph-275095\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Records of any call for service or other communication to an <span class=\"dictionary\">emergency<\/span> 911 system or communicated with any other equivalent reporting system shall be subject to the provisions of this chapter. <a id=\"paragraph-275096\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Conflict resolution. In the event of conflict between this section as it relates to requests made under this section and other provisions of <span class=\"dictionary\">law<\/span>, this section shall control. <a id=\"paragraph-275097\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-3706\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISCLOSURE OF LAW-ENFORCEMENT AND CRIMINAL RECORDS;\nLIMITATIONS (\u00a7 2.2-3706)\n\nA. Records required to be released. All public bodies engaged in criminal\nlaw-enforcement activities shall provide the following records when requested in\naccordance with the provisions of this chapter:\n\n   1. Adult arrestee photographs taken during the initial intake following the\n   arrest and as part of the routine booking procedure, except when necessary to\n   avoid jeopardizing an investigation in felony cases until such time as the\n   release of the photograph will no longer jeopardize the investigation;\n\n   2. Information relative to the identity of any individual, other than a\n   juvenile, who is arrested and charged, and the status of the charge or arrest;\n   and\n\n   3. Records of completed unattended death investigations to the parent or\n   spouse of the decedent or, if there is no living parent or spouse, to the most\n   immediate family member of the decedent, provided the person is not a person\n   of interest or a suspect. For the purposes of this subdivision,\n   &#8220;unattended death&#8221; means a death determined to be a suicide,\n   accidental or natural death where no criminal charges will be initiated, and\n   &#8220;immediate family&#8221; means the decedent&#8217;s personal\n   representative or, if no personal representative has qualified, the\n   decedent&#8217;s next of kin in order of intestate succession as set forth in\n   &#xA7; 64.2-200.\n\nB. Discretionary releases. The following records are excluded from the mandatory\ndisclosure provisions of this chapter, but may be disclosed by the custodian, in\nhis discretion, except where such disclosure is prohibited by law:\n\n   1. Criminal investigative files, defined as any documents and information,\n   including complaints, court orders, memoranda, notes, diagrams, maps,\n   photographs, correspondence, reports, witness statements, and evidence,\n   relating to a criminal investigation or prosecution not required to be\n   disclosed in accordance with &#xA7; 2.2-3706.1;\n\n   2. Reports submitted in confidence to (i) state and local law-enforcement\n   agencies, (ii) investigators authorized pursuant to Chapter 3.2 (&#xA7;\n   2.2-307 et seq.), and (iii) campus police departments of public institutions\n   of higher education established pursuant to Article 3 (&#xA7; 23.1-809 et\n   seq.) of Chapter 8 of Title 23.1;\n\n   3. Records of local law-enforcement agencies relating to neighborhood watch\n   programs that include the names, addresses, and operating schedules of\n   individual participants in the program that are provided to such agencies\n   under a promise of anonymity;\n\n   4. All records of persons imprisoned in penal institutions in the Commonwealth\n   provided such records relate to the imprisonment;\n\n   5. Records of law-enforcement agencies, to the extent that such records\n   contain specific tactical plans, the disclosure of which would jeopardize the\n   safety or security of law-enforcement personnel or the general public;\n\n   6. All records of adult persons under (i) investigation or supervision by a\n   local pretrial services agency in accordance with Article 5 (&#xA7; 19.2-152.2\n   et seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation\n   supervision, or monitoring by a local community-based probation services\n   agency in accordance with Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of\n   Title 9.1; or (iii) investigation or supervision by state probation and parole\n   services in accordance with Article 2 (&#xA7; 53.1-141 et seq.) of Chapter 4\n   of Title 53.1;\n\n   7. Records of a law-enforcement agency to the extent that they disclose the\n   telephone numbers for cellular telephones, pagers, or comparable portable\n   communication devices provided to its personnel for use in the performance of\n   their official duties;\n\n   8. Those portions of any records containing information related to undercover\n   operations or protective details that would reveal the staffing, logistics, or\n   tactical plans of such undercover operations or protective details. Nothing in\n   this subdivision shall operate to allow the withholding of information\n   concerning the overall costs or expenses associated with undercover operations\n   or protective details;\n\n   9. Records of (i) background investigations of applicants for law-enforcement\n   agency employment, (ii) administrative investigations relating to allegations\n   of wrongdoing by employees of a law-enforcement agency, and (iii) other\n   administrative investigations conducted by law-enforcement agencies that are\n   made confidential by law;\n\n   10. The identity of any victim, witness, or undercover officer, or\n   investigative techniques or procedures. However, the identity of any victim or\n   witness shall be withheld if disclosure is prohibited or restricted under\n   &#xA7; 19.2-11.2; and\n\n   11. Records of the Sex Offender and Crimes Against Minors Registry maintained\n   by the Department of State Police pursuant to Chapter 9 (&#xA7; 9.1-900 et\n   seq.) of Title 9.1, including information obtained from state, local, and\n   regional officials, except to the extent that information is required to be\n   posted on the Internet pursuant to &#xA7; 9.1-913.\n\nC. Prohibited releases. The following records shall not be disclosed under the\nprovisions of this chapter:\n\n   1. The identity of any individual providing information about a crime or\n   criminal activity under a promise of anonymity;\n\n   2. Any record that has been expunged pursuant to &#xA7; 19.2-392.2, unless\n   dissemination is authorized pursuant to &#xA7; 19.2-392.3 or 19.2-392.3:1; and\n\n   3. Any record that has been sealed pursuant to &#xA7; 19.2-392.6:1,\n   19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1,\n   or 19.2-392.17, unless dissemination is authorized pursuant to &#xA7;\n   19.2-392.13 and the rules and regulations adopted pursuant to &#xA7; 9.1-128\n   and the procedures adopted pursuant to &#xA7; 9.1-134.\n\nD. Noncriminal records. Public bodies (i) engaged in emergency medical services,\n(ii) engaged in fire protection services, (iii) engaged in criminal\nlaw-enforcement activities, or (iv) engaged in processing calls for service or\nother communications to an emergency 911 system or any other equivalent\nreporting system may withhold those portions of noncriminal incident or other\nnoncriminal investigative reports or materials that contain identifying\ninformation of a personal, medical, or financial nature where the release of\nsuch information would jeopardize the safety or privacy of any person. Access to\npersonnel records of persons employed by a public body engaged in emergency\nmedical services or fire protection services, a law-enforcement agency, or an\nemergency 911 system or any other equivalent reporting system shall be governed\nby the provisions of subdivision B 9 and subdivision 1 of &#xA7; 2.2-3705.1, as\napplicable.\n\nE. Records of any call for service or other communication to an emergency 911\nsystem or communicated with any other equivalent reporting system shall be\nsubject to the provisions of this chapter.\n\nF. Conflict resolution. In the event of conflict between this section as it\nrelates to requests made under this section and other provisions of law, this\nsection shall control.\n\nHISTORY: 1999, cc. 703, 726, \u00a7 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc.\n393, 715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010,\nc. 627; 2011, cc. 798, 871; 2013, c. 695; 2016, cc. 184, 546; 2017, c. 828;\n2018, c. 48; 2021, Sp. Sess. I, c. 483; 2023, c. 420; 2025, cc. 634, 671.","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}}