                                 CODE OF VIRGINIA

INDIVIDUAL&#8217;S RIGHT OF ACCESS TO AND REVIEW AND CORRECTION OF INFORMATION
(§ 9.1-132)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.).

HISTORY: 1981, c. 632, § 9-192; 1986, c. 615; 2001, c. 844.