{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-132.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-132.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-132.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-132.html"}],"law_id":75686,"edition_id":1,"section_id":75686,"structure_id":13449,"section_number":"9.1-132","catch_line":"Individual&#8217;s right of access to and review and correction of information","history":"1981, c. 632, \u00a7 9-192; 1986, c. 615; 2001, c. 844.","full_text":"A\n\nAny individual who believes that criminal history record information is being maintained about him by the Central Criminal Records Exchange (the &#8220;Exchange&#8221;), or by the arresting law-enforcement agency in the case of offenses not required to be reported to the Exchange, shall have the right to inspect a copy of his criminal history record information at the Exchange or the arresting law-enforcement agency, respectively, for the purpose of ascertaining the completeness and accuracy of the information. The individual&#8217;s right to access and review shall not extend to any information or data other than that defined in &#xA7; 9.1-101.B\n\nThe Board shall adopt regulations with respect to an individual&#8217;s right to access and review criminal history record information about himself reported to the Exchange or, if not reported to the Exchange, maintained by the arresting law-enforcement agency. The regulations shall provide for (i) public notice of the right of access; (ii) access to criminal history record information by an individual or an attorney-at-law acting for an individual; (iii) the submission of identification; (iv) the places and times for review; (v) review of Virginia records by individuals located in other states; (vi) assistance in understanding the record; (vii) obtaining a copy for purposes of initiating a challenge to the record; (viii) procedures for investigation of alleged incompleteness or inaccuracy; (ix) completion or correction of records if indicated; and (x) notification of the individuals and agencies to whom an inaccurate or incomplete record has been disseminated.C\n\nIf an individual believes information maintained about him is inaccurate or incomplete, he may request the agency having custody or control of the records to purge, modify, or supplement them. Should the agency decline to so act, or should the individual believe the agency&#8217;s decision to be otherwise unsatisfactory, the individual may make written request for review by the Board. The Board or its designee shall, in each case in which it finds prima facie basis for a complaint, conduct a hearing at which the individual may appear with counsel, present evidence, and examine and cross-examine witnesses. The Board shall issue written findings and conclusions. Should the record in question be found to be inaccurate or incomplete, the criminal justice agency maintaining the information shall purge, modify, or supplement it in accordance with the findings and conclusions of the Board. Notification of purging, modification, or supplementation of criminal history record information shall be promptly made by the criminal justice agency maintaining the previously inaccurate information to any individuals or agencies to which the information in question was communicated, as well as to the individual who is the subject of the records.D\n\nCriminal justice agencies shall maintain records of all agencies to whom criminal history record information has been disseminated, the date upon which the information was disseminated, and such other record matter for the number of years required by regulations of the Board.E\n\nAny individual or agency aggrieved by any order or decision of the Board may appeal the order or decision in accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":271794,"text":"Any individual who believes that criminal history record information is being maintained about him by the Central Criminal Records Exchange (the &#8220;Exchange&#8221;), or by the arresting law-enforcement agency in the case of offenses not required to be reported to the Exchange, shall have the right to inspect a copy of his criminal history record information at the Exchange or the arresting law-enforcement agency, respectively, for the purpose of ascertaining the completeness and accuracy of the information. The individual&#8217;s right to access and review shall not extend to any information or data other than that defined in &#xA7; 9.1-101.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271795,"text":"The Board shall adopt regulations with respect to an individual&#8217;s right to access and review criminal history record information about himself reported to the Exchange or, if not reported to the Exchange, maintained by the arresting law-enforcement agency. The regulations shall provide for (i) public notice of the right of access; (ii) access to criminal history record information by an individual or an attorney-at-law acting for an individual; (iii) the submission of identification; (iv) the places and times for review; (v) review of Virginia records by individuals located in other states; (vi) assistance in understanding the record; (vii) obtaining a copy for purposes of initiating a challenge to the record; (viii) procedures for investigation of alleged incompleteness or inaccuracy; (ix) completion or correction of records if indicated; and (x) notification of the individuals and agencies to whom an inaccurate or incomplete record has been disseminated.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271796,"text":"If an individual believes information maintained about him is inaccurate or incomplete, he may request the agency having custody or control of the records to purge, modify, or supplement them. Should the agency decline to so act, or should the individual believe the agency&#8217;s decision to be otherwise unsatisfactory, the individual may make written request for review by the Board. The Board or its designee shall, in each case in which it finds prima facie basis for a complaint, conduct a hearing at which the individual may appear with counsel, present evidence, and examine and cross-examine witnesses. The Board shall issue written findings and conclusions. Should the record in question be found to be inaccurate or incomplete, the criminal justice agency maintaining the information shall purge, modify, or supplement it in accordance with the findings and conclusions of the Board. Notification of purging, modification, or supplementation of criminal history record information shall be promptly made by the criminal justice agency maintaining the previously inaccurate information to any individuals or agencies to which the information in question was communicated, as well as to the individual who is the subject of the records.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":271797,"text":"Criminal justice agencies shall maintain records of all agencies to whom criminal history record information has been disseminated, the date upon which the information was disseminated, and such other record matter for the number of years required by regulations of the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":271798,"text":"Any individual or agency aggrieved by any order or decision of the Board may appeal the order or decision in accordance with the Administrative Process Act (&#xA7; 2.2-4000 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13449,"edition_id":1,"name":"Criminal Justice Information System","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12897,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":284821,"object_type":"structure","relational_id":13449,"identifier":"3","token":"9.1\/1\/3","url":"\/9.1\/1\/3\/","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":66684,"structure_id":13449,"section_number":"9.1-126","catch_line":"Application and construction of article","url":"\/9.1-126\/","token":"9.1\/1\/3\/9.1-126","metadata":false},{"id":74624,"structure_id":13449,"section_number":"9.1-127","catch_line":"Repealed","url":"\/9.1-127\/","token":"9.1\/1\/3\/9.1-127","metadata":false},{"id":80755,"structure_id":13449,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","url":"\/9.1-128\/","token":"9.1\/1\/3\/9.1-128","metadata":false},{"id":56860,"structure_id":13449,"section_number":"9.1-129","catch_line":"Participation of state and local agencies in interstate system; access to system limited","url":"\/9.1-129\/","token":"9.1\/1\/3\/9.1-129","metadata":false},{"id":54408,"structure_id":13449,"section_number":"9.1-130","catch_line":"Procedures to be adopted by agencies maintaining criminal justice information systems","url":"\/9.1-130\/","token":"9.1\/1\/3\/9.1-130","metadata":false},{"id":58080,"structure_id":13449,"section_number":"9.1-131","catch_line":"Annual audits","url":"\/9.1-131\/","token":"9.1\/1\/3\/9.1-131","metadata":false},{"id":75686,"structure_id":13449,"section_number":"9.1-132","catch_line":"Individual's right of access to and review and correction of information","url":"\/9.1-132\/","token":"9.1\/1\/3\/9.1-132","metadata":false},{"id":56321,"structure_id":13449,"section_number":"9.1-133","catch_line":"Certain information not subject to review or correction","url":"\/9.1-133\/","token":"9.1\/1\/3\/9.1-133","metadata":false},{"id":83289,"structure_id":13449,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","url":"\/9.1-134\/","token":"9.1\/1\/3\/9.1-134","metadata":false},{"id":73254,"structure_id":13449,"section_number":"9.1-135","catch_line":"Civil remedies for violation of this chapter or Chapter 23 of Title 19.2","url":"\/9.1-135\/","token":"9.1\/1\/3\/9.1-135","metadata":false},{"id":84910,"structure_id":13449,"section_number":"9.1-136","catch_line":"Criminal penalty for violation","url":"\/9.1-136\/","token":"9.1\/1\/3\/9.1-136","metadata":false},{"id":61519,"structure_id":13449,"section_number":"9.1-137","catch_line":"Article to control over other laws; exceptions","url":"\/9.1-137\/","token":"9.1\/1\/3\/9.1-137","metadata":false}],"previous_section":{"id":58080,"structure_id":13449,"section_number":"9.1-131","catch_line":"Annual audits","url":"\/9.1-131\/","token":"9.1\/1\/3\/9.1-131","metadata":false},"next_section":{"id":56321,"structure_id":13449,"section_number":"9.1-133","catch_line":"Certain information not subject to review or correction","url":"\/9.1-133\/","token":"9.1\/1\/3\/9.1-133","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-132\/","history_text":"<p>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 2 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 1986, chapter 615; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>.<\/p>","references":[{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":284847,"object_type":"law","relational_id":75686,"identifier":"9.1-132","token":"9.1\/1\/3\/9.1-132","url":"\/9.1-132\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-132\/","token":"9.1\/1\/3\/9.1-132","dublin_core":{"Title":"Individual&#8217;s right of access to and review and correction of information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-132","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any individual who believes that <span class=\"dictionary\">criminal history record information<\/span> is being maintained about him by the Central Criminal Records Exchange (the &#8220;Exchange&#8221;), or by the arresting <span class=\"dictionary\">law<\/span>-enforcement agency in the case of <span class=\"dictionary\">offenses<\/span> not required to be reported to the Exchange, shall have the right to inspect a copy of his <span class=\"dictionary\">criminal history record information<\/span> at the Exchange or the arresting <span class=\"dictionary\">law<\/span>-enforcement agency, respectively, for the purpose of ascertaining the completeness and accuracy of the information. The individual&#8217;s right to access and review shall not extend to any information or data other than that defined in &#xA7; <a class=\"law\" title=\"(Effective July 1, 2026) Definitions\" href=\"\/9.1-101\/\">9.1-101<\/a>. <a id=\"paragraph-271794\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-132\/#A\"><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> The <span class=\"dictionary\">Board<\/span> shall adopt regulations with respect to an individual&#8217;s right to access and review <span class=\"dictionary\">criminal history record information<\/span> about himself reported to the Exchange or, if not reported to the Exchange, maintained by the arresting <span class=\"dictionary\">law<\/span>-enforcement agency. The regulations shall provide for (i) public notice of the right of access; (ii) access to <span class=\"dictionary\">criminal history record information<\/span> by an individual or an attorney-at-<span class=\"dictionary\">law<\/span> acting for an individual; (iii) the submission of identification; (iv) the places and times for review; (v) review of Virginia records by individuals located in other states; (vi) assistance in understanding the record; (vii) obtaining a copy for purposes of initiating a challenge to the record; (viii) procedures for investigation of alleged incompleteness or inaccuracy; (ix) completion or correction of records if indicated; and (x) notification of the individuals and agencies to whom an inaccurate or incomplete record has been disseminated. <a id=\"paragraph-271795\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-132\/#B\"><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> If an individual believes information maintained about him is inaccurate or incomplete, he may request the agency having <span class=\"dictionary\">custody<\/span> or control of the records to purge, modify, or supplement them. Should the agency decline to so act, or should the individual believe the agency&#8217;s decision to be otherwise unsatisfactory, the individual may make written request for review by the <span class=\"dictionary\">Board<\/span>. The <span class=\"dictionary\">Board<\/span> or its designee shall, in each case in which it finds prima facie basis for a complaint, conduct a <span class=\"dictionary\">hearing<\/span> at which the individual may appear with <span class=\"dictionary\">counsel<\/span>, present <span class=\"dictionary\">evidence<\/span>, and examine and cross-examine witnesses. The <span class=\"dictionary\">Board<\/span> shall <span class=\"dictionary\">issue<\/span> written <span class=\"dictionary\">findings<\/span> and conclusions. Should the record in question be found to be inaccurate or incomplete, the <span class=\"dictionary\">criminal justice agency<\/span> maintaining the information shall purge, modify, or supplement it in accordance with the <span class=\"dictionary\">findings<\/span> and conclusions of the <span class=\"dictionary\">Board<\/span>. Notification of purging, modification, or supplementation of <span class=\"dictionary\">criminal history record information<\/span> shall be promptly made by the <span class=\"dictionary\">criminal justice agency<\/span> maintaining the previously inaccurate information to any individuals or agencies to which the information in question was communicated, as well as to the individual who is the subject of the records. <a id=\"paragraph-271796\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-132\/#C\"><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> Criminal justice agencies shall maintain records of all agencies to whom <span class=\"dictionary\">criminal history record information<\/span> has been disseminated, the date upon which the information was disseminated, and such other record matter for the number of years required by regulations of the <span class=\"dictionary\">Board<\/span>. <a id=\"paragraph-271797\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-132\/#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> Any individual or agency aggrieved by any <span class=\"dictionary\">order<\/span> or decision of the <span class=\"dictionary\">Board<\/span> may <span class=\"dictionary\">appeal<\/span> the <span class=\"dictionary\">order<\/span> or decision in accordance with the Administrative Process Act (&#xA7; <a class=\"law\" title=\"Short title; purpose\" href=\"\/2.2-4000\/\">2.2-4000<\/a> et seq.). <a id=\"paragraph-271798\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/9.1-132\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nINDIVIDUAL&#8217;S RIGHT OF ACCESS TO AND REVIEW AND CORRECTION OF INFORMATION\n(\u00a7 9.1-132)\n\nA. Any individual who believes that criminal history record information is being\nmaintained about him by the Central Criminal Records Exchange (the\n&#8220;Exchange&#8221;), or by the arresting law-enforcement agency in the case\nof offenses not required to be reported to the Exchange, shall have the right to\ninspect a copy of his criminal history record information at the Exchange or the\narresting law-enforcement agency, respectively, for the purpose of ascertaining\nthe completeness and accuracy of the information. The individual&#8217;s right\nto access and review shall not extend to any information or data other than that\ndefined in &#xA7; 9.1-101.\n\nB. The Board shall adopt regulations with respect to an individual&#8217;s right\nto access and review criminal history record information about himself reported\nto the Exchange or, if not reported to the Exchange, maintained by the arresting\nlaw-enforcement agency. The regulations shall provide for (i) public notice of\nthe right of access; (ii) access to criminal history record information by an\nindividual or an attorney-at-law acting for an individual; (iii) the submission\nof identification; (iv) the places and times for review; (v) review of Virginia\nrecords by individuals located in other states; (vi) assistance in understanding\nthe record; (vii) obtaining a copy for purposes of initiating a challenge to the\nrecord; (viii) procedures for investigation of alleged incompleteness or\ninaccuracy; (ix) completion or correction of records if indicated; and (x)\nnotification of the individuals and agencies to whom an inaccurate or incomplete\nrecord has been disseminated.\n\nC. If an individual believes information maintained about him is inaccurate or\nincomplete, he may request the agency having custody or control of the records\nto purge, modify, or supplement them. Should the agency decline to so act, or\nshould the individual believe the agency&#8217;s decision to be otherwise\nunsatisfactory, the individual may make written request for review by the Board.\nThe Board or its designee shall, in each case in which it finds prima facie\nbasis for a complaint, conduct a hearing at which the individual may appear with\ncounsel, present evidence, and examine and cross-examine witnesses. The Board\nshall issue written findings and conclusions. Should the record in question be\nfound to be inaccurate or incomplete, the criminal justice agency maintaining\nthe information shall purge, modify, or supplement it in accordance with the\nfindings and conclusions of the Board. Notification of purging, modification, or\nsupplementation of criminal history record information shall be promptly made by\nthe criminal justice agency maintaining the previously inaccurate information to\nany individuals or agencies to which the information in question was\ncommunicated, as well as to the individual who is the subject of the records.\n\nD. Criminal justice agencies shall maintain records of all agencies to whom\ncriminal history record information has been disseminated, the date upon which\nthe information was disseminated, and such other record matter for the number of\nyears required by regulations of the Board.\n\nE. Any individual or agency aggrieved by any order or decision of the Board may\nappeal the order or decision in accordance with the Administrative Process Act\n(&#xA7; 2.2-4000 et seq.).\n\nHISTORY: 1981, c. 632, \u00a7 9-192; 1986, c. 615; 2001, c. 844.","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}}