{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-101.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-101.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-101.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-101.html"}],"law_id":73488,"edition_id":1,"section_id":73488,"structure_id":13184,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","history":"1981, c. 632, \u00a7 9-169; 1982, c. 419; 1983, c. 357; 1984, c. 543; 1989, c. 233; 1991, c. 338; 1992, cc. 422, 569; 1993, cc. 533, 622, 866; 2000, c. 426; 2001, c. 844; 2002, cc. 789, 836, 868; 2003, cc. 744, 934, 937; 2004, c. 30; 2005, c. 914; 2007, c. 87; 2008, c. 460; 2010, c. 621; 2012, c. 776; 2014, cc. 225, 342, 543; 2015, cc. 38, 195, 224, 730; 2016, cc. 498, 618; 2018, c. 548; 2019, cc. 120, 475, 782, 783; 2020, cc. 90, 958; 2020, Sp. Sess. I, cc. 37, 55; 2023, cc. 619, 619; 2021, Sp. Sess. I, cc. 524, 542; 2025, cc. 634, 671.","full_text":"As used in this chapter or in Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2, unless the context requires a different meaning:\n\t\t“Administration of criminal justice” means performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders or the collection, storage, and dissemination of criminal history record information.\n\t\t“Board” means the Criminal Justice Services Board.\n\t\t“Conviction data” means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.\n\t\t“Correctional status information” means records and data concerning each condition of a convicted person’s custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.\n\t\t“Criminal history record information” means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal charges, and any disposition arising therefrom. The term shall not include juvenile record information which is controlled by Chapter 11 (\u00a7 16.1-226 et seq.) of Title 16.1, criminal justice intelligence information, criminal justice investigative information, or correctional status information.\n\t\t“Criminal justice agency” means (i) a court or any other governmental agency or subunit thereof which as its principal function performs the administration of criminal justice and any other agency or subunit thereof which performs criminal justice activities, but only to the extent that it does so; (ii) for the purposes of Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2, any private corporation or agency which, within the context of its criminal justice activities, employs special conservators of the peace appointed under Chapter 2 (\u00a7 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers or special conservators to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (\u00a7 9.1-126 et seq.), but only to the extent that the private corporation or agency so designated as a criminal justice agency performs criminal justice activities; and (iii) the Office of the Attorney General, for all criminal justice activities otherwise permitted under clause (i) and for the purpose of performing duties required by the Civil Commitment of Sexually Violent Predators Act (\u00a7 37.2-900 et seq.).\n\t\t“Criminal justice agency” includes any program certified by the Commission on VASAP pursuant to \u00a7 18.2-271.2.\n\t\t“Criminal justice agency” includes the Department of Criminal Justice Services.\n\t\t“Criminal justice agency” includes the Virginia Criminal Sentencing Commission.\n\t\t“Criminal justice agency” includes the Virginia State Crime Commission.\n\t\t“Criminal justice information system” means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.\n\t\t“Department” means the Department of Criminal Justice Services.\n\t\t“Dissemination” means any transfer of information, whether orally, in writing, or by electronic means. The term shall not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and right to know the information.\n\t\t“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of \u00a7 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to \u00a7 10.1-115; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to \u00a7 46.2-217; (viii) animal protection police officer employed under \u00a7 15.2-632 or 15.2-836.1; (ix) campus police officer appointed under Article 3 (\u00a7 23.1-809 et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations unit designated by the State Inspector General pursuant to \u00a7 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (xi) employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of \u00a7 53.1-10 or by the Department of Juvenile Justice pursuant to subdivision A 7 of \u00a7 66-3; (xii) private police officer employed by a private police department; or (xiii) person designated as a sworn unit investigator by the Attorney General pursuant to subsection A of \u00a7 32.1-320.1. Part-time employees are those compensated officers who are not full-time employees as defined by the employing police department, sheriff’s office, or private police department.\n\t\t“Private police department” means any police department, other than a department that employs police agents under the provisions of \u00a7 56-353, that employs private police officers operated by an entity authorized by statute or an act of assembly to establish a private police department or such entity’s successor in interest, provided it complies with the requirements set forth herein. No entity is authorized to operate a private police department or represent that it is a private police department unless such entity has been authorized by statute or an act of assembly or such entity is the successor in interest of an entity that has been authorized pursuant to this section, provided it complies with the requirements set forth herein. The authority of a private police department shall be limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or sheriff, any contiguous property; such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff’s office including as provided in \u00a7\u00a7 15.2-1609 and 15.2-1704. The chief of police or sheriff who is the chief local law-enforcement officer shall enter into a memorandum of understanding with the private police department that addresses the duties and responsibilities of the private police department and the chief law-enforcement officer in the conduct of criminal investigations. Private police departments and private police officers shall be subject to and comply with the Constitution of the United States; the Constitution of Virginia; the laws governing municipal police departments, including the provisions of \u00a7\u00a7 9.1-600, 15.2-1705 through 15.2-1708, 15.2-1719, 15.2-1721, 15.2-1721.1, and 15.2-1722; and any regulations adopted by the Board that the Department designates as applicable to private police departments. An authorized private police department may use the word “police” to describe its sworn officers and may join a regional criminal justice academy created pursuant to Article 5 (\u00a7 15.2-1747 et seq.) of Chapter 17 of Title 15.2. Any private police department in existence on January 1, 2013, that was not otherwise established by statute or an act of assembly and whose status as a private police department was recognized by the Department at that time is hereby validated and may continue to operate as a private police department as may such entity’s successor in interest, provided it complies with the requirements set forth herein.\n\t\t“Private police officer” means a law-enforcement officer who is employed by a private police department that has entered into a memorandum of understanding with a police department or sheriff’s office and who may exercise the power and duties conferred by law upon such police officers on real property owned, leased, or controlled by the employing entity and, if approved by the local chief of police or sheriff, any contiguous property. Any person employed as a private police officer pursuant to this section shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to this chapter. A private police officer is not entitled to benefits under the Virginia Retirement System, is not a “qualified law enforcement officer” or “qualified retired law enforcement officer” within the meaning of the federal Law Enforcement Officers Safety Act, 18 U.S.C. \u00a7 926B et seq., and shall not be deemed an employee of the Commonwealth or any locality.\n\t\t“School resource officer” means a certified law-enforcement officer hired by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools.\n\t\t“School security officer” means an individual who is employed by the local school board or a private or religious school for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of the policies of the school board or the private or religious school, and detaining students violating the law or the policies of the school board or the private or religious school on school property, school buses, or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.\n\t\t“Sealing” means to prohibit public access to records relating to an arrest, charge, or conviction, including any ancillary matter ordered to be sealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any court; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination is authorized for one or more of the purposes set forth in \u00a7 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to \u00a7 9.1-128 and the procedures adopted pursuant to \u00a7 9.1-134.\n\t\t“Unapplied criminal history record information” means information pertaining to criminal offenses submitted to the Central Criminal Records Exchange that cannot be applied to the criminal history record of an arrested or convicted person (i) because such information is not supported by fingerprints or other accepted means of positive identification or (ii) due to an inconsistency, error, or omission within the content of the submitted information.","order_by":null,"text":{"0":{"id":264425,"text":"As used in this chapter or in Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2, unless the context requires a different meaning:\n\t\t“Administration of criminal justice” means performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders or the collection, storage, and dissemination of criminal history record information.\n\t\t“Board” means the Criminal Justice Services Board.\n\t\t“Conviction data” means information in the custody of any criminal justice agency relating to a judgment of conviction, and the consequences arising therefrom, in any court.\n\t\t“Correctional status information” means records and data concerning each condition of a convicted person’s custodial status, including probation, confinement, work release, study release, escape, or termination of custody through expiration of sentence, parole, pardon, or court decision.\n\t\t“Criminal history record information” means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, informations, or other formal charges, and any disposition arising therefrom. The term shall not include juvenile record information which is controlled by Chapter 11 (\u00a7 16.1-226 et seq.) of Title 16.1, criminal justice intelligence information, criminal justice investigative information, or correctional status information.\n\t\t“Criminal justice agency” means (i) a court or any other governmental agency or subunit thereof which as its principal function performs the administration of criminal justice and any other agency or subunit thereof which performs criminal justice activities, but only to the extent that it does so; (ii) for the purposes of Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2, any private corporation or agency which, within the context of its criminal justice activities, employs special conservators of the peace appointed under Chapter 2 (\u00a7 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers or special conservators to meet compulsory training standards established by the Criminal Justice Services Board and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (\u00a7 9.1-126 et seq.), but only to the extent that the private corporation or agency so designated as a criminal justice agency performs criminal justice activities; and (iii) the Office of the Attorney General, for all criminal justice activities otherwise permitted under clause (i) and for the purpose of performing duties required by the Civil Commitment of Sexually Violent Predators Act (\u00a7 37.2-900 et seq.).\n\t\t“Criminal justice agency” includes any program certified by the Commission on VASAP pursuant to \u00a7 18.2-271.2.\n\t\t“Criminal justice agency” includes the Department of Criminal Justice Services.\n\t\t“Criminal justice agency” includes the Virginia Criminal Sentencing Commission.\n\t\t“Criminal justice agency” includes the Virginia State Crime Commission.\n\t\t“Criminal justice information system” means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination of criminal history record information. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.\n\t\t“Department” means the Department of Criminal Justice Services.\n\t\t“Dissemination” means any transfer of information, whether orally, in writing, or by electronic means. The term shall not include access to the information by officers or employees of a criminal justice agency maintaining the information who have both a need and right to know the information.\n\t\t“Law-enforcement officer” means any full-time or part-time employee of a police department or sheriff’s office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of \u00a7 56-353; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to \u00a7 10.1-115; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to \u00a7 46.2-217; (viii) animal protection police officer employed under \u00a7 15.2-632 or 15.2-836.1; (ix) campus police officer appointed under Article 3 (\u00a7 23.1-809 et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations unit designated by the State Inspector General pursuant to \u00a7 2.2-311 to investigate allegations of criminal behavior affecting the operations of a state or nonstate agency; (xi) employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of \u00a7 53.1-10 or by the Department of Juvenile Justice pursuant to subdivision A 7 of \u00a7 66-3; (xii) private police officer employed by a private police department; or (xiii) person designated as a sworn unit investigator by the Attorney General pursuant to subsection A of \u00a7 32.1-320.1. Part-time employees are those compensated officers who are not full-time employees as defined by the employing police department, sheriff’s office, or private police department.\n\t\t“Private police department” means any police department, other than a department that employs police agents under the provisions of \u00a7 56-353, that employs private police officers operated by an entity authorized by statute or an act of assembly to establish a private police department or such entity’s successor in interest, provided it complies with the requirements set forth herein. No entity is authorized to operate a private police department or represent that it is a private police department unless such entity has been authorized by statute or an act of assembly or such entity is the successor in interest of an entity that has been authorized pursuant to this section, provided it complies with the requirements set forth herein. The authority of a private police department shall be limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or sheriff, any contiguous property; such authority shall not supersede the authority, duties, or jurisdiction vested by law with the local police department or sheriff’s office including as provided in \u00a7\u00a7 15.2-1609 and 15.2-1704. The chief of police or sheriff who is the chief local law-enforcement officer shall enter into a memorandum of understanding with the private police department that addresses the duties and responsibilities of the private police department and the chief law-enforcement officer in the conduct of criminal investigations. Private police departments and private police officers shall be subject to and comply with the Constitution of the United States; the Constitution of Virginia; the laws governing municipal police departments, including the provisions of \u00a7\u00a7 9.1-600, 15.2-1705 through 15.2-1708, 15.2-1719, 15.2-1721, 15.2-1721.1, and 15.2-1722; and any regulations adopted by the Board that the Department designates as applicable to private police departments. An authorized private police department may use the word “police” to describe its sworn officers and may join a regional criminal justice academy created pursuant to Article 5 (\u00a7 15.2-1747 et seq.) of Chapter 17 of Title 15.2. Any private police department in existence on January 1, 2013, that was not otherwise established by statute or an act of assembly and whose status as a private police department was recognized by the Department at that time is hereby validated and may continue to operate as a private police department as may such entity’s successor in interest, provided it complies with the requirements set forth herein.\n\t\t“Private police officer” means a law-enforcement officer who is employed by a private police department that has entered into a memorandum of understanding with a police department or sheriff’s office and who may exercise the power and duties conferred by law upon such police officers on real property owned, leased, or controlled by the employing entity and, if approved by the local chief of police or sheriff, any contiguous property. Any person employed as a private police officer pursuant to this section shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers pursuant to this chapter. A private police officer is not entitled to benefits under the Virginia Retirement System, is not a “qualified law enforcement officer” or “qualified retired law enforcement officer” within the meaning of the federal Law Enforcement Officers Safety Act, 18 U.S.C. \u00a7 926B et seq., and shall not be deemed an employee of the Commonwealth or any locality.\n\t\t“School resource officer” means a certified law-enforcement officer hired by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools.\n\t\t“School security officer” means an individual who is employed by the local school board or a private or religious school for the singular purpose of maintaining order and discipline, preventing crime, investigating violations of the policies of the school board or the private or religious school, and detaining students violating the law or the policies of the school board or the private or religious school on school property, school buses, or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.\n\t\t“Sealing” means to prohibit public access to records relating to an arrest, charge, or conviction, including any ancillary matter ordered to be sealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any court; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination is authorized for one or more of the purposes set forth in \u00a7 19.2-392.13 and pursuant to the rules and regulations adopted pursuant to \u00a7 9.1-128 and the procedures adopted pursuant to \u00a7 9.1-134.\n\t\t“Unapplied criminal history record information” means information pertaining to criminal offenses submitted to the Central Criminal Records Exchange that cannot be applied to the criminal history record of an arrested or convicted person (i) because such information is not supported by fingerprints or other accepted means of positive identification or (ii) due to an inconsistency, error, or omission within the content of the submitted information.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13184,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12897,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":284491,"object_type":"structure","relational_id":13184,"identifier":"1","token":"9.1\/1\/1","url":"\/9.1\/1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12897,"edition_id":1,"name":"Department of Criminal Justice Services","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284489,"object_type":"structure","relational_id":12897,"identifier":"1","token":"9.1\/1","url":"\/9.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80750,"structure_id":13184,"section_number":"9.1-100","catch_line":"Department of Criminal Justice Services","url":"\/9.1-100\/","token":"9.1\/1\/1\/9.1-100","metadata":false},{"id":73488,"structure_id":13184,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","url":"\/9.1-101\/","token":"9.1\/1\/1\/9.1-101","metadata":false},{"id":76757,"structure_id":13184,"section_number":"9.1-101.1","catch_line":"Certified mail; 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subsequent mail or notices may be sent by regular mail","url":"\/9.1-101.1\/","token":"9.1\/1\/1\/9.1-101.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-101\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 632 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 25 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 1982, chapter 419; in 1983, chapter 357; in 1984, chapter 543; in 1989, chapter 233; in 1991, chapter 338; in 1992, chapters 422 and 569; in 1993, chapters 533, 622, and 866; in 2000, chapter 426<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 789<\/a>, 836<\/a>, and 868<\/a>; in 2003, chapters 744<\/a>, 934<\/a>, and 937<\/a>; in 2004, chapter 30<\/a>; in 2005, chapter 914<\/a>; in 2007, chapter 87<\/a>; in 2008, chapter 460<\/a>; in 2010, chapter 621<\/a>; in 2012, chapter 776<\/a>; in 2014, chapters 225<\/a>, 342<\/a>, and 543<\/a>; in 2015, chapters 38<\/a>, 195<\/a>, 224<\/a>, and 730<\/a>; in 2016, chapters 498<\/a> and 618<\/a>; in 2018, chapter 548<\/a>; in 2019, chapters 120<\/a>, 475<\/a>, 782<\/a>, and 783<\/a>; in 2020, chapters 90<\/a> and 958<\/a>; in 2023, chapters 619<\/a> and 619<\/a>; in 2025, chapters 634<\/a> and 671<\/a>.<\/p>","references":[{"id":78495,"section_number":"15.2-1705","catch_line":"Minimum qualifications; waiver","order_by":null,"url":"\/15.2-1705\/"},{"id":85175,"section_number":"15.2-1706","catch_line":"Certification through training required for all law-enforcement officers; 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employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":60362,"section_number":"32.1-320.1","catch_line":"Powers and duties of sworn unit investigators","order_by":null,"url":"\/32.1-320.1\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":77591,"section_number":"46.2-217","catch_line":"Enforcement of laws by Commissioner; authority of officers","order_by":null,"url":"\/46.2-217\/"},{"id":83752,"section_number":"53.1-10","catch_line":"Powers and duties of Director","order_by":null,"url":"\/53.1-10\/"},{"id":79077,"section_number":"56-353","catch_line":"Railroad company may appoint police agents","order_by":null,"url":"\/56-353\/"},{"id":81243,"section_number":"66-3","catch_line":"Powers of the Director","order_by":null,"url":"\/66-3\/"},{"id":66684,"section_number":"9.1-126","catch_line":"Application and construction of article","order_by":null,"url":"\/9.1-126\/"},{"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":83289,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","order_by":null,"url":"\/9.1-134\/"},{"id":86204,"section_number":"9.1-600","catch_line":"Civilian protection in cases of police misconduct; minimum standards","order_by":null,"url":"\/9.1-600\/"}],"permalink":{"id":284497,"object_type":"law","relational_id":73488,"identifier":"9.1-101","token":"9.1\/1\/1\/9.1-101","url":"\/9.1-101\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-101\/","token":"9.1\/1\/1\/9.1-101","dublin_core":{"Title":"(Effective July 1, 2026) Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-101","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter or in Chapter 23 (\u00a7 19.2-387<\/a> et seq.) of Title 19.2, unless the context requires a different meaning:\n\t\t“Administration of criminal justice<\/span>” means performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial<\/span> release, prosecution<\/span>, adjudication, correctional supervision, or rehabilitation of accused<\/span> persons or criminal offenders or the collection, storage, and dissemination<\/span> of criminal history record information<\/span>.\n\t\t“Board<\/span>” means the Criminal Justice Services Board<\/span>.\n\t\t“Conviction data<\/span>” means information in the custody<\/span> of any criminal justice agency<\/span> relating to a judgment<\/span> of conviction, and the consequences arising therefrom, in any court<\/span>.\n\t\t“Correctional status information<\/span>” means records and data concerning each condition of a convicted person’s custodial status, including probation<\/span>, confinement, work release, study release, escape, or termination of custody<\/span> through expiration of sentence, parole<\/span>, pardon<\/span>, or court<\/span> decision.\n\t\t“Criminal history record information<\/span>” means records and data collected by criminal justice agencies on adult individuals consisting of identifiable descriptions and notations of arrests<\/span>, detentions, indictments<\/span>, informations, or other formal charges, and any disposition<\/span> arising therefrom. The term shall not include juvenile record information which is controlled by Chapter 11 (\u00a7 16.1-226<\/a> et seq.) of Title 16.1, criminal justice intelligence information, criminal justice investigative information, or correctional status information<\/span>.\n\t\t“Criminal justice agency<\/span>” means (i) a court<\/span> or any other governmental agency or subunit thereof which as its principal function performs the administration of criminal justice<\/span> and any other agency or subunit thereof which performs criminal justice activities, but only to the extent that it does so; (ii) for the purposes of Chapter 23 (\u00a7 19.2-387<\/a> et seq.) of Title 19.2, any private corporation or agency which, within the context of its criminal justice activities, employs special conservators of the peace appointed under Chapter 2 (\u00a7 19.2-12<\/a> et seq.) of Title 19.2, provided that (a) such private corporation or agency requires its officers or special conservators to meet compulsory training standards established by the Criminal Justice Services Board<\/span> and submits reports of compliance with the training standards and (b) the private corporation or agency complies with the provisions of Article 3 (\u00a7 9.1-126<\/a> et seq.), but only to the extent that the private corporation or agency so designated as a criminal justice agency<\/span> performs criminal justice activities; and (iii) the Office of the Attorney General<\/span>, for all criminal justice activities otherwise permitted under clause (i) and for the purpose of performing duties required by the Civil Commitment of Sexually Violent Predators Act (\u00a7 37.2-900<\/a> et seq.).\n\t\t“Criminal justice agency<\/span>” includes any program certified by the Commission on VASAP pursuant to \u00a7 18.2-271.2<\/a>.\n\t\t“Criminal justice agency<\/span>” includes the Department of Criminal Justice Services.\n\t\t“Criminal justice agency<\/span>” includes the Virginia Criminal Sentencing Commission.\n\t\t“Criminal justice agency<\/span>” includes the Virginia State Crime<\/span> Commission.\n\t\t“Criminal justice information system<\/span>” means a system including the equipment, facilities, procedures, agreements, and organizations thereof, for the collection, processing, preservation, or dissemination<\/span> of criminal history record information<\/span>. The operations of the system may be performed manually or by using electronic computers or other automated data processing equipment.\n\t\t“Department” means the Department of Criminal Justice Services.\n\t\t“Dissemination<\/span>” means any transfer of information, whether orally, in writing, or by electronic means. The term shall not include access to the information by officers or employees of a criminal justice agency<\/span> maintaining the information who have both a need and right to know the information.\n\t\t“Law-enforcement officer<\/span>” means any full-time or part-time employee of a police department or sheriff’s office which is a part of or administered by the Commonwealth or any political subdivision thereof, or any full-time or part-time employee of a private police department<\/span>, and who is responsible for the prevention and detection of crime<\/span> and the enforcement of the penal, traffic or highway laws<\/span> of the Commonwealth, and shall include any (i) special agent of the Virginia Alcoholic Beverage Control Authority; (ii) police agent appointed under the provisions of \u00a7 56-353<\/a>; (iii) officer of the Virginia Marine Police; (iv) conservation police officer who is a full-time sworn member of the enforcement division of the Department of Wildlife Resources; (v) investigator who is a sworn member of the security division of the Virginia Lottery; (vi) conservation officer of the Department of Conservation and Recreation commissioned pursuant to \u00a7 10.1-115<\/a>; (vii) full-time sworn member of the enforcement division of the Department of Motor Vehicles appointed pursuant to \u00a7 46.2-217<\/a>; (viii) animal protection police officer employed under \u00a7 15.2-632<\/a> or 15.2-836.1<\/a>; (ix) campus police officer appointed under Article 3 (\u00a7 23.1-809<\/a> et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations unit designated by the State Inspector General pursuant to \u00a7 2.2-311<\/a> to investigate allegations<\/span> of criminal behavior affecting the operations of a state or nonstate agency; (xi) employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of \u00a7 53.1-10<\/a> or by the Department of Juvenile Justice pursuant to subdivision A 7 of \u00a7 66-3<\/a>; (xii) private police officer<\/span> employed by a private police department<\/span>; or (xiii) person designated as a sworn unit investigator by the Attorney General<\/span> pursuant to subsection A of \u00a7 32.1-320.1<\/a>. Part-time employees are those compensated officers who are not full-time employees as defined by the employing police department, sheriff’s office, or private police department<\/span>.\n\t\t“Private police department<\/span>” means any police department, other than a department that employs police agents under the provisions of \u00a7 56-353<\/a>, that employs private police officers<\/span> operated by an entity authorized by statute<\/span> or an act of assembly to establish a private police department<\/span> or such entity’s successor in interest, provided it complies with the requirements set forth herein. No entity is authorized to operate a private police department<\/span> or represent that it is a private police department<\/span> unless such entity has been authorized by statute<\/span> or an act of assembly or such entity is the successor in interest of an entity that has been authorized pursuant to this section, provided it complies with the requirements set forth herein. The authority of a private police department<\/span> shall be limited to real property owned, leased, or controlled by the entity and, if approved by the local chief of police or sheriff, any contiguous property; such authority shall not supersede the authority, duties, or jurisdiction<\/span> vested by law with the local police department or sheriff’s office including as provided in \u00a7\u00a7 15.2-1609<\/a> and 15.2-1704<\/a>. The chief of police or sheriff who is the chief local law-enforcement officer<\/span> shall enter into a memorandum<\/span> of understanding with the private police department<\/span> that addresses the duties and responsibilities of the private police department<\/span> and the chief law-enforcement officer<\/span> in the conduct of criminal investigations. Private police departments<\/span> and private police officers<\/span> shall be subject to and comply with the Constitution of the United States; the Constitution of Virginia; the laws<\/span> governing municipal police departments, including the provisions of \u00a7\u00a7 9.1-600<\/a>, 15.2-1705<\/a> through 15.2-1708<\/a>, 15.2-1719<\/a>, 15.2-1721<\/a>, 15.2-1721.1<\/a>, and 15.2-1722<\/a>; and any regulations adopted by the Board<\/span> that the Department designates as applicable to private police departments<\/span>. An authorized private police department<\/span> may use the word “police” to describe its sworn officers and may join a regional criminal justice academy created pursuant to Article 5 (\u00a7 15.2-1747<\/a> et seq.) of Chapter 17 of Title 15.2. Any private police department<\/span> in existence on January 1, 2013, that was not otherwise established by statute<\/span> or an act of assembly and whose status as a private police department<\/span> was recognized by the Department at that time is hereby validated and may continue to operate as a private police department<\/span> as may such entity’s successor in interest, provided it complies with the requirements set forth herein.\n\t\t“Private police officer<\/span>” means a law-enforcement officer<\/span> who is employed by a private police department<\/span> that has entered into a memorandum<\/span> of understanding with a police department or sheriff’s office and who may exercise the power and duties conferred by law upon such police officers on real property owned, leased, or controlled by the employing entity and, if approved by the local chief of police or sheriff, any contiguous property. Any person employed as a private police officer<\/span> pursuant to this section shall meet all requirements, including the minimum compulsory training requirements, for law-enforcement officers<\/span> pursuant to this chapter. A private police officer<\/span> is not entitled to benefits under the Virginia Retirement System, is not a “qualified law enforcement officer<\/span>” or “qualified retired law enforcement officer<\/span>” within the meaning of the federal Law Enforcement Officers Safety Act, 18 U.S.C. \u00a7 926B et seq., and shall not be deemed an employee of the Commonwealth or any locality.\n\t\t“School resource officer<\/span>” means a certified law-enforcement officer<\/span> hired by the local law-enforcement agency to provide law-enforcement and security services to Virginia public elementary and secondary schools.\n\t\t“School security officer<\/span>” means an individual who is employed by the local school board<\/span> or a private or religious school for the singular purpose of maintaining order<\/span> and discipline, preventing crime<\/span>, investigating violations of the policies of the school board<\/span> or the private or religious school, and detaining students violating the law or the policies of the school board<\/span> or the private or religious school on school property, school buses, or at school-sponsored events and who is responsible solely for ensuring the safety, security, and welfare of all students, faculty, staff, and visitors in the assigned school.\n\t\t“Sealing<\/span>” means to prohibit public access to records relating to an arrest<\/span>, charge, or conviction, including any ancillary matter ordered to be sealed<\/span>, in the possession<\/span> of (i) the Central Criminal Records Exchange; (ii) any court<\/span>; (iii) any police department, sheriff’s office, or campus police department; or (iv) the Department of Motor Vehicles unless dissemination<\/span> is authorized for one or more of the purposes set forth in \u00a7 19.2-392.13<\/a> and pursuant to the rules and regulations adopted pursuant to \u00a7 9.1-128<\/a> and the procedures adopted pursuant to \u00a7 9.1-134<\/a>.\n\t\t“Unapplied criminal history record information<\/span><\/span>” means information pertaining to criminal offenses<\/span> submitted to the Central Criminal Records Exchange that cannot be applied to the criminal history record of an arrested or convicted person (i) because such information is not supported by fingerprints or other accepted means of positive identification or (ii) due to an inconsistency, error, or omission within the content of the submitted information.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DEFINITIONS (\u00a7 9.1-101)\n\nAs used in this chapter or in Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2,\nunless the context requires a different meaning:\n\t\t“Administration of criminal justice” means performance of any\nactivity directly involving the detection, apprehension, detention, pretrial\nrelease, post-trial release, prosecution, adjudication, correctional\nsupervision, or rehabilitation of accused persons or criminal offenders or the\ncollection, storage, and dissemination of criminal history record information.\n\t\t“Board” means the Criminal Justice Services Board.\n\t\t“Conviction data” means information in the custody of any criminal\njustice agency relating to a judgment of conviction, and the consequences\narising therefrom, in any court.\n\t\t“Correctional status information” means records and data\nconcerning each condition of a convicted person’s custodial status,\nincluding probation, confinement, work release, study release, escape, or\ntermination of custody through expiration of sentence, parole, pardon, or court\ndecision.\n\t\t“Criminal history record information” means records and data\ncollected by criminal justice agencies on adult individuals consisting of\nidentifiable descriptions and notations of arrests, detentions, indictments,\ninformations, or other formal charges, and any disposition arising therefrom.\nThe term shall not include juvenile record information which is controlled by\nChapter 11 (\u00a7 16.1-226 et seq.) of Title 16.1, criminal justice intelligence\ninformation, criminal justice investigative information, or correctional status\ninformation.\n\t\t“Criminal justice agency” means (i) a court or any other\ngovernmental agency or subunit thereof which as its principal function performs\nthe administration of criminal justice and any other agency or subunit thereof\nwhich performs criminal justice activities, but only to the extent that it does\nso; (ii) for the purposes of Chapter 23 (\u00a7 19.2-387 et seq.) of Title 19.2, any\nprivate corporation or agency which, within the context of its criminal justice\nactivities, employs special conservators of the peace appointed under Chapter 2\n(\u00a7 19.2-12 et seq.) of Title 19.2, provided that (a) such private corporation\nor agency requires its officers or special conservators to meet compulsory\ntraining standards established by the Criminal Justice Services Board and\nsubmits reports of compliance with the training standards and (b) the private\ncorporation or agency complies with the provisions of Article 3 (\u00a7 9.1-126 et\nseq.), but only to the extent that the private corporation or agency so\ndesignated as a criminal justice agency performs criminal justice activities;\nand (iii) the Office of the Attorney General, for all criminal justice\nactivities otherwise permitted under clause (i) and for the purpose of\nperforming duties required by the Civil Commitment of Sexually Violent Predators\nAct (\u00a7 37.2-900 et seq.).\n\t\t“Criminal justice agency” includes any program certified by the\nCommission on VASAP pursuant to \u00a7 18.2-271.2.\n\t\t“Criminal justice agency” includes the Department of Criminal\nJustice Services.\n\t\t“Criminal justice agency” includes the Virginia Criminal\nSentencing Commission.\n\t\t“Criminal justice agency” includes the Virginia State Crime\nCommission.\n\t\t“Criminal justice information system” means a system including the\nequipment, facilities, procedures, agreements, and organizations thereof, for\nthe collection, processing, preservation, or dissemination of criminal history\nrecord information. The operations of the system may be performed manually or by\nusing electronic computers or other automated data processing equipment.\n\t\t“Department” means the Department of Criminal Justice Services.\n\t\t“Dissemination” means any transfer of information, whether orally,\nin writing, or by electronic means. The term shall not include access to the\ninformation by officers or employees of a criminal justice agency maintaining\nthe information who have both a need and right to know the information.\n\t\t“Law-enforcement officer” means any full-time or part-time\nemployee of a police department or sheriff’s office which is a part of or\nadministered by the Commonwealth or any political subdivision thereof, or any\nfull-time or part-time employee of a private police department, and who is\nresponsible for the prevention and detection of crime and the enforcement of the\npenal, traffic or highway laws of the Commonwealth, and shall include any (i)\nspecial agent of the Virginia Alcoholic Beverage Control Authority; (ii) police\nagent appointed under the provisions of \u00a7 56-353; (iii) officer of the Virginia\nMarine Police; (iv) conservation police officer who is a full-time sworn member\nof the enforcement division of the Department of Wildlife Resources; (v)\ninvestigator who is a sworn member of the security division of the Virginia\nLottery; (vi) conservation officer of the Department of Conservation and\nRecreation commissioned pursuant to \u00a7 10.1-115; (vii) full-time sworn member of\nthe enforcement division of the Department of Motor Vehicles appointed pursuant\nto \u00a7 46.2-217; (viii) animal protection police officer employed under \u00a7\n15.2-632 or 15.2-836.1; (ix) campus police officer appointed under Article 3 (\u00a7\n23.1-809 et seq.) of Chapter 8 of Title 23.1; (x) member of the investigations\nunit designated by the State Inspector General pursuant to \u00a7 2.2-311 to\ninvestigate allegations of criminal behavior affecting the operations of a state\nor nonstate agency; (xi) employee with internal investigations authority\ndesignated by the Department of Corrections pursuant to subdivision 11 of \u00a7\n53.1-10 or by the Department of Juvenile Justice pursuant to subdivision A 7 of\n\u00a7 66-3; (xii) private police officer employed by a private police department;\nor (xiii) person designated as a sworn unit investigator by the Attorney General\npursuant to subsection A of \u00a7 32.1-320.1. Part-time employees are those\ncompensated officers who are not full-time employees as defined by the employing\npolice department, sheriff’s office, or private police department.\n\t\t“Private police department” means any police department, other\nthan a department that employs police agents under the provisions of \u00a7 56-353,\nthat employs private police officers operated by an entity authorized by statute\nor an act of assembly to establish a private police department or such\nentity’s successor in interest, provided it complies with the requirements\nset forth herein. No entity is authorized to operate a private police department\nor represent that it is a private police department unless such entity has been\nauthorized by statute or an act of assembly or such entity is the successor in\ninterest of an entity that has been authorized pursuant to this section,\nprovided it complies with the requirements set forth herein. The authority of a\nprivate police department shall be limited to real property owned, leased, or\ncontrolled by the entity and, if approved by the local chief of police or\nsheriff, any contiguous property; such authority shall not supersede the\nauthority, duties, or jurisdiction vested by law with the local police\ndepartment or sheriff’s office including as provided in \u00a7\u00a7 15.2-1609 and\n15.2-1704. The chief of police or sheriff who is the chief local law-enforcement\nofficer shall enter into a memorandum of understanding with the private police\ndepartment that addresses the duties and responsibilities of the private police\ndepartment and the chief law-enforcement officer in the conduct of criminal\ninvestigations. Private police departments and private police officers shall be\nsubject to and comply with the Constitution of the United States; the\nConstitution of Virginia; the laws governing municipal police departments,\nincluding the provisions of \u00a7\u00a7 9.1-600, 15.2-1705 through 15.2-1708,\n15.2-1719, 15.2-1721, 15.2-1721.1, and 15.2-1722; and any regulations adopted by\nthe Board that the Department designates as applicable to private police\ndepartments. An authorized private police department may use the word\n“police” to describe its sworn officers and may join a regional\ncriminal justice academy created pursuant to Article 5 (\u00a7 15.2-1747 et seq.) of\nChapter 17 of Title 15.2. Any private police department in existence on January\n1, 2013, that was not otherwise established by statute or an act of assembly and\nwhose status as a private police department was recognized by the Department at\nthat time is hereby validated and may continue to operate as a private police\ndepartment as may such entity’s successor in interest, provided it\ncomplies with the requirements set forth herein.\n\t\t“Private police officer” means a law-enforcement officer who is\nemployed by a private police department that has entered into a memorandum of\nunderstanding with a police department or sheriff’s office and who may\nexercise the power and duties conferred by law upon such police officers on real\nproperty owned, leased, or controlled by the employing entity and, if approved\nby the local chief of police or sheriff, any contiguous property. Any person\nemployed as a private police officer pursuant to this section shall meet all\nrequirements, including the minimum compulsory training requirements, for\nlaw-enforcement officers pursuant to this chapter. A private police officer is\nnot entitled to benefits under the Virginia Retirement System, is not a\n“qualified law enforcement officer” or “qualified retired law\nenforcement officer” within the meaning of the federal Law Enforcement\nOfficers Safety Act, 18 U.S.C. \u00a7 926B et seq., and shall not be deemed an\nemployee of the Commonwealth or any locality.\n\t\t“School resource officer” means a certified law-enforcement\nofficer hired by the local law-enforcement agency to provide law-enforcement and\nsecurity services to Virginia public elementary and secondary schools.\n\t\t“School security officer” means an individual who is employed by\nthe local school board or a private or religious school for the singular purpose\nof maintaining order and discipline, preventing crime, investigating violations\nof the policies of the school board or the private or religious school, and\ndetaining students violating the law or the policies of the school board or the\nprivate or religious school on school property, school buses, or at\nschool-sponsored events and who is responsible solely for ensuring the safety,\nsecurity, and welfare of all students, faculty, staff, and visitors in the\nassigned school.\n\t\t“Sealing” means to prohibit public access to records relating to\nan arrest, charge, or conviction, including any ancillary matter ordered to be\nsealed, in the possession of (i) the Central Criminal Records Exchange; (ii) any\ncourt; (iii) any police department, sheriff’s office, or campus police\ndepartment; or (iv) the Department of Motor Vehicles unless dissemination is\nauthorized for one or more of the purposes set forth in \u00a7 19.2-392.13 and\npursuant to the rules and regulations adopted pursuant to \u00a7 9.1-128 and the\nprocedures adopted pursuant to \u00a7 9.1-134.\n\t\t“Unapplied criminal history record information” means information\npertaining to criminal offenses submitted to the Central Criminal Records\nExchange that cannot be applied to the criminal history record of an arrested or\nconvicted person (i) because such information is not supported by fingerprints\nor other accepted means of positive identification or (ii) due to an\ninconsistency, error, or omission within the content of the submitted\ninformation.\n\nHISTORY: 1981, c. 632, \u00a7 9-169; 1982, c. 419; 1983, c. 357; 1984, c. 543; 1989,\nc. 233; 1991, c. 338; 1992, cc. 422, 569; 1993, cc. 533, 622, 866; 2000, c. 426;\n2001, c. 844; 2002, cc. 789, 836, 868; 2003, cc. 744, 934, 937; 2004, c. 30;\n2005, c. 914; 2007, c. 87; 2008, c. 460; 2010, c. 621; 2012, c. 776; 2014, cc.\n225, 342, 543; 2015, cc. 38, 195, 224, 730; 2016, cc. 498, 618; 2018, c. 548;\n2019, cc. 120, 475, 782, 783; 2020, cc. 90, 958; 2020, Sp. Sess. I, cc. 37, 55;\n2023, cc. 619, 619; 2021, Sp. Sess. I, cc. 524, 542; 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}}