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 6VAC20-120-70 - Challenge

Current through Register Vol. 40, No. 24, July 15, 2024
A. Individuals who
				  desire to challenge their own criminal history record information must complete
				  documentation provided by the criminal justice agency maintaining the record
				  and forward it to the Central Criminal Records Exchange or the criminal justice
				  agency maintaining the record. A duplicate copy of the form and the challenged
				  record may be maintained by the individual initiating the challenge or review.
				  The individual's record concerning arrests for felonies and Class 1 and 2
				  misdemeanors may be challenged at the Central Criminal Records Exchange of the
				  Department of the State Police. For offenses not required to be reported to the
				  Central Criminal Records Exchange, the challenge shall be made at the arresting
				  law-enforcement agency or the criminal justice agency maintaining the
				  records.
B. A challenge to a record
				  maintained by the Central Criminal Records Exchange will be processed as
				  follows:
1. Message flags. If the challenge
				  is made of a record maintained by the Central Criminal Records Exchange, both
				  the manual and the automated record shall be flagged with the message
				  "CHALLENGED RECORD." A challenged record shall carry this message when
				  disseminated while under challenge.
2. Review at exchange. The Central Criminal
				  Records Exchange shall compare the information contained in the repository
				  files as reviewed by the individual with the original arrest or disposition
				  form. If no error is located, the Central Criminal Records Exchange (i) shall
				  forward a copy of the challenge form, a copy of the Central Criminal Records
				  Exchange record, and other relevant information to the criminal justice agency
				  or agencies which the Central Criminal Records Exchange records indicate as
				  having originated the information under challenge and (ii) shall request them
				  to examine the relevant files to determine the validity of the
				  challenge.
3. Examination. The
				  criminal justice agency or agencies responsible for originating the challenged
				  record shall conduct an examination of their source data, the contents of the
				  challenge, and information supplied by the Central Criminal Records Exchange
				  for any discrepancies or errors and shall advise the Central Criminal Records
				  Exchange of the results of the examination.
4. Correction. If any modification of a
				  Central Criminal Records Exchange record is required, the Central Criminal
				  Records Exchange shall modify the record and shall then notify the criminal
				  justice agency in which the record was originally reviewed of its action and
				  supply it and other agencies involved in the review with a copy of the
				  corrected record.
5. Notification
				  by Central Criminal Records Exchange. The Central Criminal Records Exchange
				  shall also provide notification of the correction to all recipients of the
				  record within the last 24 months.
6. Notification by other criminal justice
				  agencies. Criminal justice agencies that have disseminated an erroneous or
				  incomplete record shall in turn notify agencies that have received the
				  disseminated record or portion of the record in the last two years from the
				  date of the Central Criminal Records Exchange modifications of the records.
				  Notification shall consist of sending a copy of the original record and
				  corrections made to the recipients of the erroneous record noted in the
				  dissemination log for the two-year period prior to the date of correction by
				  the Central Criminal Records Exchange. (See § 9.1-132 of the Code of Virginia.)
				  The criminal justice agency in which the review and challenge occurred shall
				  notify the individual or his attorney of the action of Central Criminal Records
				  Exchange.
7. Appeal. The record
				  subject or his attorney, upon being told of the results of his record review,
				  shall also be informed of his right to review and appeal those
				  results.