Virginia Administrative Code › Title 6 - CRIMINAL JUSTICE AND CORRECTIONS › Agency 20 - DEPARTMENT OF CRIMINAL JUSTICE SERVICES › Chapter 120 - REGULATIONS RELATING TO CRIMINAL HISTORY RECORD INFORMATION USE AND SECURITY › Part I - General › Section 6VAC20-120-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
"Access" means the ability to obtain, directly or through
					 an intermediary, criminal history record information contained in manual or
					 automated files.
"Board" means the Criminal Justice Services Board, as
					 defined in § 9.1-108 of the Code of Virginia.
"Central Criminal Records Exchange" means the repository in
					 this Commonwealth that receives, identifies, maintains, and disseminates
					 individual criminal history records, in accordance with Chapter 23 (§ 19.2-387
					 et seq.) of Title 19.2 of the Code of Virginia.
"Challenge" means an individual's objection to his criminal
					 history record information.
"Conviction data" means information in the custody of any
					 criminal justice agency relating to a judgment of conviction, and the
					 consequences arising therefrom, in any court.
"Correctional status information" means records and data
					 concerning each condition of a convicted person's custodial status, including
					 probation, confinement, work release, study release, escape, or termination of
					 custody through expiration of sentence, parole, pardon, or court
					 decision.
"Criminal history record information" means records and
					 data collected by criminal justice agencies on adult individuals consisting of
					 identifiable descriptions and notations of arrests, detentions, indictments,
					 information, or other formal charges and any disposition arising therefrom. The
					 term shall not include juvenile record information which is controlled by §§
					 16.1-299 and 19.2-389.1 of the Code of Virginia, criminal justice investigative
					 information, or correctional status information.
"Criminal history record information area" means any
					 office, room, or space in which criminal history record information is
					 regularly collected, processed, stored, or disseminated to an authorized user.
					 This area includes computer rooms, computer terminal workstations, file rooms,
					 and any other rooms or space in which those activities are carried out.
"Criminal intelligence information" means data that has
					 been evaluated and determined to be relevant to the identification and criminal
					 activity of individuals or organizations that are reasonably suspected of
					 involvement in criminal activity. Criminal intelligence information shall not
					 include criminal investigative files.
"Criminal investigative information" means information on
					 identifiable individuals compiled in the course of the investigation of
					 specific criminal acts.
"Criminal justice agency" means a court or any other
					 governmental agency or subunit thereof that as its principal function performs
					 the administration of criminal justice and any other agency or subunit thereof
					 that performs criminal justice activities.
"Criminal justice information system" means a system,
					 including the equipment, facilities, procedures, agreements, and organizations
					 thereof, that is used for the collection, processing, preservation, or
					 dissemination of criminal history record information. The operations of the
					 system may be performed manually or by using electronic computers or other
					 automated data processing equipment.
"Department" means the Department of Criminal Justice
					 Services.
"Destroy" means to totally eliminate and eradicate by
					 various methods, including, but not limited to, shredding, incinerating, or
					 pulping.
"Director" means the chief administrative officer of the
					 department.
"Dissemination" means any transfer of information, whether
					 orally, in writing, or by electronic means. The term does not include access to
					 the information by officers or employees of a criminal justice agency
					 maintaining the information who have both a need and a right to know the
					 information.
"Expunge" means to remove, in accordance with a court
					 order, a criminal history record or a portion of a record from public
					 inspection or normal access.
"Modify" means to add or delete information from a record
					 to accurately reflect the reported facts of an individual's criminal history
					 record. (See § 9.1-132 of the Code of Virginia.) This includes eradicating,
					 supplementing, updating, and correcting inaccurate and erroneous
					 information.
"Noncriminal justice agencies or individuals" means those
					 agencies or individuals authorized to receive limited criminal history record
					 information pursuant to a specific agreement with a criminal justice agency
					 under the provisions of subsection A of § 19.2-389 of the Code of
					 Virginia.
"Originating agency identifier" or "ORI" means a unique
					 nine-character designation used to identify the agency that places records in
					 the Virginia Criminal Information Network (VCIN).
"Seal" means to physically prevent access to a criminal
					 history record or portion of a criminal history record.
"Superintendent" means the chief administrative officer of
					 the Virginia Department of State Police.
Statutory Authority: §§ 9.1-102 and 9.1-131 of the Code
						of Virginia.