                                 CODE OF VIRGINIA

REPORTS TO BE MADE BY LOCAL LAW-ENFORCEMENT OFFICERS, CONSERVATORS OF THE PEACE,
CLERKS OF COURT, SECRETARY OF THE COMMONWEALTH AND CORRECTIONS OFFICIALS TO
STATE POLICE; MATERIAL SUBMITTED BY OTHER AGENCIES (§ 19.2-390)

A. 1. Every state official or agency having the power to arrest, the sheriffs of
counties, the police officials of cities and towns, and any other local
law-enforcement officer or conservator of the peace having the power to arrest
for a felony shall make a report to the Central Criminal Records Exchange, on
forms provided by it, of any arrest, including those arrests involving the
taking into custody of, or service of process upon, any person on charges
resulting from an indictment, presentment or information, the arrest on capias
or warrant for failure to appear, and the service of a warrant for another
jurisdiction, for each charge when any person is arrested on any of the
following charges:
			a. Treason;
			b. Any felony;
			c. Any offense punishable as a misdemeanor under Title 54.1;
			d. Any misdemeanor punishable by confinement in jail (i) under Title 18.2 or
19.2, or any similar ordinance of any county, city or town, (ii) under § 20-61,
or (iii) under § 16.1-253.2; or
			e. Any offense in violation of § 3.2-6570, 4.1-309.1, 5.1-13, 15.2-1612,
22.1-289.041, 46.2-339, 46.2-341.21, 46.2-341.24, 46.2-341.26:3, 46.2-817,
58.1-3141, 58.1-4018.1, 60.2-632, or 63.2-1509.
			The reports shall contain such information as is required by the Exchange and
shall be accompanied by fingerprints of the individual arrested for each charge.
Effective January 1, 2006, the corresponding photograph of the individual
arrested shall accompany the report. Fingerprint cards prepared by a
law-enforcement agency for inclusion in a national criminal justice file shall
be forwarded to the Exchange for transmittal to the appropriate bureau. Nothing
in this section shall preclude each local law-enforcement agency from
maintaining its own separate photographic database. Fingerprints and photographs
required to be taken pursuant to this subsection or subdivision A 3c of §
19.2-123 may be taken at the facility where the magistrate is located, including
a regional jail, even if the accused is not committed to jail.
			Law-enforcement agencies and clerks of court shall only submit reports to the
Central Criminal Records Exchange only for those offenses enumerated in this
subsection. Only reports received for those offenses enumerated in this
subsection shall be included in the Central Criminal Records Exchange.

   2. For persons arrested and released on summonses in accordance with
   subsection B of &#xA7; 19.2-73 or &#xA7; 19.2-74, such report shall not be
   required until (i) a conviction is entered and no appeal is noted or if an
   appeal is noted, the conviction is upheld upon appeal or the person convicted
   withdraws his appeal; (ii) the court defers or dismisses the proceeding
   pursuant to &#xA7; 18.2-57.3, 18.2-251, or 19.2-303.2; or (iii) an acquittal
   by reason of insanity pursuant to &#xA7; 19.2-182.2 is entered. Upon such
   conviction or acquittal, the court shall remand the individual to the custody
   of the office of the chief law-enforcement officer of the county or city. It
   shall be the duty of the chief law-enforcement officer, or his designee who
   may be the arresting officer, to ensure that such report is completed for each
   charge after a determination of guilt or acquittal by reason of insanity. The
   court shall require the officer to complete the report immediately following
   the person&#8217;s conviction or acquittal, and the individual shall be
   discharged from custody forthwith, unless the court has imposed a jail
   sentence to be served by him or ordered him committed to the custody of the
   Commissioner of Behavioral Health and Developmental Services.

   3. For persons arrested on a capias for any allegation of a violation of the
   terms or conditions of a suspended sentence or probation for a felony offense
   pursuant to &#xA7; 18.2-456, 19.2-306, or 53.1-165, a report shall be made to
   the Central Criminal Records Exchange pursuant to subdivision 1. Upon finding
   such person in violation of the terms or conditions of a suspended sentence or
   probation for such felony offense, the court shall order that the fingerprints
   and photograph of such person be taken by a law-enforcement officer for each
   such offense and submitted to the Central Criminal Records Exchange.

   4. For any person served with a show cause for any allegation of a violation
   of the terms or conditions of a suspended sentence or probation for a felony
   offense pursuant to &#xA7; 18.2-456, 19.2-306, or 53.1-165, such report to the
   Central Criminal Records Exchange shall not be required until such person is
   found to be in violation of the terms or conditions of a suspended sentence or
   probation for such felony offense. Upon finding such person in violation of
   the terms or conditions of a suspended sentence or probation for such felony
   offense, the court shall order that the fingerprints and photograph of such
   person be taken by a law-enforcement officer for each such offense and
   submitted to the Central Criminal Records Exchange.

   5. If the accused is in custody when an indictment or presentment is found or
   made, or information is filed, and no process is awarded, the attorney for the
   Commonwealth shall so notify the court of such at the time of first appearance
   for each indictment, presentment, or information for which a report is
   required upon arrest pursuant to subdivision 1, and the court shall order that
   the fingerprints and photograph of the accused be taken for each offense by a
   law-enforcement officer or by the agency that has custody of the accused at
   the time of first appearance. The law-enforcement officer or agency taking the
   fingerprints and photograph shall submit a report to the Central Criminal
   Records Exchange for each offense.

B. Within 72 hours following the receipt of (i) a warrant or capias for the
arrest of any person on a charge of a felony or (ii) a Governor&#8217;s warrant
of arrest of a person issued pursuant to &#xA7; 19.2-92, the law-enforcement
agency which received the warrant shall enter the person&#8217;s name and other
appropriate information required by the Department of State Police into the
&#8220;information systems&#8221; known as the Virginia Criminal Information
Network (VCIN), established and maintained by the Department pursuant to Chapter
2 (&#xA7; 52-12 et seq.) of Title 52 and the National Crime Information Center
(NCIC), maintained by the Federal Bureau of Investigation. The report shall
include the person&#8217;s name, date of birth, social security number and such
other known information which the State Police or Federal Bureau of
Investigation may require. Where feasible and practical, the magistrate or court
issuing the warrant or capias may transfer information electronically into VCIN.
When the information is electronically transferred to VCIN, the court or
magistrate shall forthwith forward the warrant or capias to the local police
department or sheriff&#8217;s office. When criminal process has been ordered
destroyed pursuant to &#xA7; 19.2-76.1, the law-enforcement agency destroying
such process shall ensure the removal of any information relating to the
destroyed criminal process from the VCIN and NCIC.

B1. Within 72 hours following the receipt of a written statement issued by a
parole officer pursuant to &#xA7; 53.1-149 authorizing the arrest of a person
who has violated the provisions of his probation, the law-enforcement agency
that received the written statement shall enter, or cause to be entered, the
person&#8217;s name and other appropriate information required by the Department
of State Police into the &#8220;information systems&#8221; known as the Virginia
Criminal Information Network (VCIN), established and maintained by the
Department pursuant to Chapter 2 (&#xA7; 52-12 et seq.) of Title 52.

C. For offenses not charged on a summons in accordance with subsection B of
&#xA7; 19.2-73 or &#xA7; 19.2-74, the clerk of each circuit court and district
court shall make an electronic report to the Central Criminal Records Exchange
of (i) any dismissal, including a dismissal pursuant to &#xA7; 18.2-57.3,
18.2-251, or 19.2-303.2, indefinite postponement or continuance, charge still
pending due to mental incompetency or incapacity, deferral, nolle prosequi,
acquittal, or conviction of, including any sentence imposed, or failure of a
grand jury to return a true bill as to, any person charged with an offense
listed in subsection A, including any action that may have resulted from an
indictment, presentment or information, or any finding that the person is in
violation of the terms or conditions of a suspended sentence or probation for a
felony offense and (ii) any adjudication of delinquency based upon an act that,
if committed by an adult, would require fingerprints to be filed pursuant to
subsection A. For offenses listed in subsection A and charged on a summons in
accordance with subsection B of &#xA7; 19.2-73 or &#xA7; 19.2-74, such
electronic report by the clerk of each circuit court and district court to the
Central Criminal Records Exchange may be submitted but shall not be required
until (a) a conviction is entered and no appeal is noted or, if an appeal is
noted, the conviction is upheld upon appeal or the person convicted withdraws
his appeal; (b) the court defers or dismisses the proceeding pursuant to &#xA7;
18.2-57.3, 18.2-251, or 19.2-303.2; or (c) an acquittal by reason of insanity
pursuant to &#xA7; 19.2-182.2 is entered. The clerk of each circuit court shall
make an electronic report to the Central Criminal Records Exchange of any
finding that a person charged on a summons is in violation of the terms or
conditions of a suspended sentence or probation for a felony offense. Upon
conviction of any person, including juveniles tried and convicted in the circuit
courts pursuant to &#xA7; 16.1-269.1, whether sentenced as adults or juveniles,
for an offense for which registration is required as defined in &#xA7; 9.1-902,
the clerk shall within seven days of sentencing submit a report to the Sex
Offender and Crimes Against Minors Registry. The report to the Registry shall
include the name of the person convicted and all aliases that he is known to
have used, the date and locality of the conviction for which registration is
required, his date of birth, social security number, and last known address, and
specific reference to the offense for which he was convicted. No report of
conviction or adjudication in a district court shall be filed unless the period
allowed for an appeal has elapsed and no appeal has been perfected. In the event
that the records in the office of any clerk show that any conviction or
adjudication has been nullified in any manner, he shall also make a report of
that fact to the Exchange and, if appropriate, to the Registry. In addition,
each clerk of a circuit court, upon receipt of certification thereof from the
Supreme Court, shall report to the Exchange or the Registry, or to the
law-enforcement agency making the arrest in the case of offenses not required to
be reported to the Exchange, on forms provided by the Exchange or Registry, as
the case may be, any reversal or other amendment to a prior sentence or
disposition previously reported. When criminal process is ordered destroyed
pursuant to &#xA7; 19.2-76.1, the clerk shall report such action to the
law-enforcement agency that entered the warrant or capias into the VCIN.

D. In addition to those offenses enumerated in subsection A, the Central
Criminal Records Exchange may receive, classify, and file any other
fingerprints, photographs, and records of confinement submitted to it by any
correctional institution or the Department of Corrections. Unless otherwise
prohibited by law, any such fingerprints, photographs, and records received by
the Central Criminal Records Exchange from any correctional institution or the
Department of Corrections may be classified and filed as criminal history record
information.

E. Corrections officials, sheriffs, and jail superintendents of regional jails,
responsible for maintaining correctional status information, as required by the
regulations of the Department of Criminal Justice Services, with respect to
individuals about whom reports have been made under the provisions of this
chapter shall make reports of changes in correctional status information to the
Central Criminal Records Exchange. The reports to the Exchange shall include any
commitment to or release or escape from a state or local correctional facility,
including commitment to or release from a parole or probation agency.

F. Any pardon, reprieve or executive commutation of sentence by the Governor
shall be reported to the Exchange by the office of the Secretary of the
Commonwealth.

G. Officials responsible for reporting disposition of charges, and correctional
changes of status of individuals under this section, including those reports
made to the Registry, shall adopt procedures reasonably designed at a minimum
(i) to ensure that such reports are accurately made as soon as feasible by the
most expeditious means and in no instance later than 30 days after occurrence of
the disposition or correctional change of status and (ii) to report promptly any
correction, deletion, or revision of the information.

H. Upon receiving a correction, deletion, or revision of information, the
Central Criminal Records Exchange shall notify all criminal justice agencies
known to have previously received the information.

I. As used in this section:
			&#8220;Chief law-enforcement officer&#8221; means the chief of police of
cities and towns and sheriffs of counties, unless a political subdivision has
otherwise designated its chief law-enforcement officer by appropriate resolution
or ordinance, in which case the local designation shall be controlling.
			&#8220;Electronic report&#8221; means a report transmitted to, or otherwise
forwarded to, the Central Criminal Records Exchange in an electronic format
approved by the Exchange. The report shall contain the name of the person
convicted and all aliases which he is known to have used, the date and locality
of the conviction, his date of birth, social security number, last known
address, and specific reference to the offense including the Virginia Code
section and any subsection, the Virginia crime code for the offense, and the
offense tracking number for the offense for which he was convicted.

HISTORY: Code 1950, § 19.1-19.3; 1966, c. 669; 1968, c. 724; 1970, c. 191;
1971, Ex. Sess., c. 107; 1974, c. 575; 1975, cc. 495, 584; 1976, cc. 336, 572,
771; 1978, cc. 467, 825; 1979, c. 378; 1981, c. 529; 1982, cc. 33, 535; 1990,
cc. 100, 692; 1992, c. 391; 1993, cc. 448, 468, 926; 1994, cc. 362, 428, 432;
1996, cc. 429, 755, 806, 914; 1997, cc. 27, 509, 747, 801; 2001, cc. 516, 536,
565; 2003, cc. 27, 584, 727; 2004, cc. 284, 406; 2005, cc. 187, 229; 2008, cc.
73, 246; 2009, cc. 249, 813, 840; 2010, c. 273; 2013, c. 614; 2018, cc. 51, 178;
2019, cc. 115, 782, 783; 2020, cc. 91, 92, 860, 861; 2021, Sp. Sess. I, cc. 524,
542; 2025, c. 716.