                                 CODE OF VIRGINIA

DUTIES AND AUTHORITY OF EXCHANGE (§ 19.2-388)

A. It shall be the duty of the Central Criminal Records Exchange to receive,
classify, and file criminal history record information as defined in &#xA7;
9.1-101 and other records required to be reported to it by &#xA7;&#xA7; 16.1-299
and 19.2-390. The Exchange is authorized to prepare and furnish to all state and
local law-enforcement officials and agencies; to clerks of circuit courts,
general district courts, and juvenile and domestic relations district courts;
and to corrections and penal officials, forms that shall be used for the making
of such reports.

B. Juvenile records received pursuant to &#xA7; 16.1-299 shall be maintained
separately from adult records.

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

D. The Exchange shall review offenses containing unapplied criminal history
record information and shall make reasonable efforts to ensure that such
information, including any offense of which the Exchange is notified pursuant to
subdivision A 12 of &#xA7; 9.1-176.1, subdivision F 7 or 8 of &#xA7; 19.2-305.1,
subsection B of &#xA7; 53.1-23, or subdivision 13 or 14 of &#xA7; 53.1-145, is
applied to criminal history records. The Exchange may request and shall receive
from the clerk of each circuit court and district court, attorneys for the
Commonwealth, law-enforcement agencies, the Department of Corrections, the
Department of Forensic Science, and local probation and community corrections
agencies cooperation and assistance to obtain positive identification or to
reconcile any inconsistencies, errors, or omissions within such unapplied
criminal history record information.

HISTORY: Code 1950, § 19.1-19.2; 1966, c. 669; 1968, c. 537; 1970, c. 118;
1975, c. 495; 1976, c. 771; 1982, c. 33; 1993, cc. 468, 926; 1996, cc. 755, 914;
2019, cc. 782, 783; 2025, c. 441.