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 II - Criminal History Record Information Use › Section 6VAC20-120-50 - Dissemination

Current through Register Vol. 40, No. 24, July 15, 2024
A. Authorization.
1. No criminal justice agency or individual
				  shall confirm or deny the existence or nonexistence of a criminal history
				  record to persons or agencies that would not be eligible to receive the
				  information. No dissemination of a criminal history record is to be made to a
				  noncriminal justice agency or individual if an interval of one year has elapsed
				  from the date of arrest and no disposition of the charge has been recorded and
				  no active prosecution of the charge is pending.
2. Criminal history record information or
				  portions of an individual's record both maintained and used by criminal justice
				  agencies and eligible recipients, maintained either at the Central Criminal
				  Records Exchange or by the originating criminal justice agency, or both, shall
				  only be disseminated as provided by § 19.2-389 of the Code of
				  Virginia.
3. Upon receipt of a
				  request for criminal history record information, by personal contact, mail, or
				  electronic means from an agency or individual claiming to be authorized to
				  obtain such information, the person responding to the request shall determine
				  whether the requesting agency or individual is authorized to receive criminal
				  history record information.
4.
				  Criminal justice agencies shall determine what positions in their agency
				  require regular access to criminal history record information as part of the
				  position's job responsibilities. These positions will be exempt from the
				  provisions of subsection B of this section. Use of criminal history record
				  information by a member of a criminal justice agency not occupying a position
				  authorized to receive criminal history record information, or for a purpose or
				  activity other than one for which the person is authorized to receive criminal
				  history record information, will be considered a dissemination and shall meet
				  the provisions of this section. If the user of criminal history record
				  information does not meet the procedures in subsection B of this section, the
				  use of the information will be considered an unauthorized
				  dissemination.
5. The release of
				  criminal history record information to an individual or entity not included in
				  § 19.2-389 of the Code of Virginia is unlawful and unauthorized. An individual
				  or criminal justice agency that releases criminal history record information to
				  a party which does not clearly belong to one of the categories of agencies and
				  individuals authorized to receive the information as outlined in § 19.2-389 is
				  subject to being denied access to state and national criminal history record
				  information on a temporary or permanent basis and to the administrative
				  sanctions described in
				  6VAC20-120-100. Unlawful
				  dissemination contrary to the provisions of this chapter is also a Class 2
				  misdemeanor (see § 9.1-136 of the Code of Virginia).