                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) DISCLOSURE OF LAW-ENFORCEMENT AND CRIMINAL RECORDS;
LIMITATIONS (§ 2.2-3706)

A. Records required to be released. All public bodies engaged in criminal
law-enforcement activities shall provide the following records when requested in
accordance with the provisions of this chapter:

   1. Adult arrestee photographs taken during the initial intake following the
   arrest and as part of the routine booking procedure, except when necessary to
   avoid jeopardizing an investigation in felony cases until such time as the
   release of the photograph will no longer jeopardize the investigation;

   2. Information relative to the identity of any individual, other than a
   juvenile, who is arrested and charged, and the status of the charge or arrest;
   and

   3. Records of completed unattended death investigations to the parent or
   spouse of the decedent or, if there is no living parent or spouse, to the most
   immediate family member of the decedent, provided the person is not a person
   of interest or a suspect. For the purposes of this subdivision,
   &#8220;unattended death&#8221; means a death determined to be a suicide,
   accidental or natural death where no criminal charges will be initiated, and
   &#8220;immediate family&#8221; means the decedent&#8217;s personal
   representative or, if no personal representative has qualified, the
   decedent&#8217;s next of kin in order of intestate succession as set forth in
   &#xA7; 64.2-200.

B. Discretionary releases. The following records are excluded from the mandatory
disclosure provisions of this chapter, but may be disclosed by the custodian, in
his discretion, except where such disclosure is prohibited by law:

   1. Criminal investigative files, defined as any documents and information,
   including complaints, court orders, memoranda, notes, diagrams, maps,
   photographs, correspondence, reports, witness statements, and evidence,
   relating to a criminal investigation or prosecution not required to be
   disclosed in accordance with &#xA7; 2.2-3706.1;

   2. Reports submitted in confidence to (i) state and local law-enforcement
   agencies, (ii) investigators authorized pursuant to Chapter 3.2 (&#xA7;
   2.2-307 et seq.), and (iii) campus police departments of public institutions
   of higher education established pursuant to Article 3 (&#xA7; 23.1-809 et
   seq.) of Chapter 8 of Title 23.1;

   3. Records of local law-enforcement agencies relating to neighborhood watch
   programs that include the names, addresses, and operating schedules of
   individual participants in the program that are provided to such agencies
   under a promise of anonymity;

   4. All records of persons imprisoned in penal institutions in the Commonwealth
   provided such records relate to the imprisonment;

   5. Records of law-enforcement agencies, to the extent that such records
   contain specific tactical plans, the disclosure of which would jeopardize the
   safety or security of law-enforcement personnel or the general public;

   6. All records of adult persons under (i) investigation or supervision by a
   local pretrial services agency in accordance with Article 5 (&#xA7; 19.2-152.2
   et seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation
   supervision, or monitoring by a local community-based probation services
   agency in accordance with Article 9 (&#xA7; 9.1-173 et seq.) of Chapter 1 of
   Title 9.1; or (iii) investigation or supervision by state probation and parole
   services in accordance with Article 2 (&#xA7; 53.1-141 et seq.) of Chapter 4
   of Title 53.1;

   7. Records of a law-enforcement agency to the extent that they disclose the
   telephone numbers for cellular telephones, pagers, or comparable portable
   communication devices provided to its personnel for use in the performance of
   their official duties;

   8. Those portions of any records containing information related to undercover
   operations or protective details that would reveal the staffing, logistics, or
   tactical plans of such undercover operations or protective details. Nothing in
   this subdivision shall operate to allow the withholding of information
   concerning the overall costs or expenses associated with undercover operations
   or protective details;

   9. Records of (i) background investigations of applicants for law-enforcement
   agency employment, (ii) administrative investigations relating to allegations
   of wrongdoing by employees of a law-enforcement agency, and (iii) other
   administrative investigations conducted by law-enforcement agencies that are
   made confidential by law;

   10. The identity of any victim, witness, or undercover officer, or
   investigative techniques or procedures. However, the identity of any victim or
   witness shall be withheld if disclosure is prohibited or restricted under
   &#xA7; 19.2-11.2; and

   11. Records of the Sex Offender and Crimes Against Minors Registry maintained
   by the Department of State Police pursuant to Chapter 9 (&#xA7; 9.1-900 et
   seq.) of Title 9.1, including information obtained from state, local, and
   regional officials, except to the extent that information is required to be
   posted on the Internet pursuant to &#xA7; 9.1-913.

C. Prohibited releases. The following records shall not be disclosed under the
provisions of this chapter:

   1. The identity of any individual providing information about a crime or
   criminal activity under a promise of anonymity;

   2. Any record that has been expunged pursuant to &#xA7; 19.2-392.2, unless
   dissemination is authorized pursuant to &#xA7; 19.2-392.3 or 19.2-392.3:1; and

   3. Any record that has been sealed pursuant to &#xA7; 19.2-392.6:1,
   19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1,
   or 19.2-392.17, unless dissemination is authorized pursuant to &#xA7;
   19.2-392.13 and the rules and regulations adopted pursuant to &#xA7; 9.1-128
   and the procedures adopted pursuant to &#xA7; 9.1-134.

D. Noncriminal records. Public bodies (i) engaged in emergency medical services,
(ii) engaged in fire protection services, (iii) engaged in criminal
law-enforcement activities, or (iv) engaged in processing calls for service or
other communications to an emergency 911 system or any other equivalent
reporting system may withhold those portions of noncriminal incident or other
noncriminal investigative reports or materials that contain identifying
information of a personal, medical, or financial nature where the release of
such information would jeopardize the safety or privacy of any person. Access to
personnel records of persons employed by a public body engaged in emergency
medical services or fire protection services, a law-enforcement agency, or an
emergency 911 system or any other equivalent reporting system shall be governed
by the provisions of subdivision B 9 and subdivision 1 of &#xA7; 2.2-3705.1, as
applicable.

E. Records of any call for service or other communication to an emergency 911
system or communicated with any other equivalent reporting system shall be
subject to the provisions of this chapter.

F. Conflict resolution. In the event of conflict between this section as it
relates to requests made under this section and other provisions of law, this
section shall control.

HISTORY: 1999, cc. 703, 726, § 2.1-342.2; 2000, c. 227; 2001, c. 844; 2002, cc.
393, 715, 769, 830; 2004, cc. 685, 735; 2006, cc. 857, 914; 2007, c. 133; 2010,
c. 627; 2011, cc. 798, 871; 2013, c. 695; 2016, cc. 184, 546; 2017, c. 828;
2018, c. 48; 2021, Sp. Sess. I, c. 483; 2023, c. 420; 2025, cc. 634, 671.