Are Warrants Public Record in Virginia?
Yes, According to the Code of Virginia Code (Ann. § 19.2-54), warrants are generally open to the public. Search warrants in Virginia are made public 15 days after the warrant has been issued and after it has been executed. Arrest warrants are also public records and are available for public inspection at police stations in Virginia. They are placed online by the state police departments in accordance with the Virginia Freedom of Information Act. Any outstanding warrant featured within an expunged Virginia criminal record will be expunged along with the record or restricted from disclosure.
What is Considered a Warrant in Virginia?
A warrant in Virginia is an official document issued by a state court that directs police officers to apprehend an individual or search someone's property to find evidence. Judges and clerks of the state's juvenile and domestic relations courts, district courts, or circuit courts have the authority to issue a warrant.
Usually, warrants are issued based on complaints submitted by law enforcement officers. However, for the court to issue a warrant, the requesting officer must show probable cause that the action to be taken (the arrest, search, or seizure) is justified. The court can also issue a warrant at its discretion in cases where a court order was disregarded.
How to Find Out if You Have a Warrant in Virginia?
Individuals with ongoing court cases in Virginia can find warrants from their cases by checking case records. Warrant information is available on request at the court handling the case. Also, the Virginia Judicial System provides a case record search tool on its site. Using the tool, people can find outstanding warrants related to a case.
Alternatively, individuals with warrant information from the Virginia State Police or a local sheriff's office can request a criminal record check by completing and submitting an online request form.
County police departments or sheriff's offices also make warrant information available on their websites or at their physical offices. For instance, the Roanoke County police department maintains an up-to-date outstanding warrant list on its site. The City of Virginia Beach also provides an online warrant search tool to find active warrants within its jurisdiction.
Records of warrants issued or executed in various jurisdictions are also maintained and by third-party websites. While third-party sites make accessing these records substantially easier, the information available on the sites may vary since they are not government-run sources. To obtain warrant records from a third-party site, the requesting party may be required to provide:
- The personal information of the alleged suspect
- Information regarding the issuing officer
- The location where the warrant was issued.
How Long Does a Warrant Stay Active in Virginia?
A warrant stays active in Virginia until the court recalls it. However, no specific period must pass for a warrant to be quashed in the state. As such, law enforcement officers can apprehend a person if the warrant remains active, regardless of the number of years since its issuance.
Notwithstanding, the Code of Virginia allows courts to quash felony warrants unexecuted within seven years or misdemeanor warrants unexecuted within three years. This provision typically applies when the subject of the warrant is deceased or it is a case of mistaken identity.
How to Conduct an Active Warrant Search in Virginia
An active warrant is an outstanding warrant that has not been executed or closed by enforcement authorities. Active warrants in Virginia are held physically as files, online as lists, and electronically in databases maintained by police departments in the state. Performing an active warrant search in Virginia depends on the jurisdiction/police department where a possible search can be done. To determine if there is an active warrant, certain jurisdictions like Fairfax County and Loudoun County have a warrant desk where interested persons can call or email to get information on active warrants in the state. Other jurisdictions have an online roster of arrest warrants that the police department periodically updates. An example is the Roanoke County Police Department Outstanding Warrants List. An active warrant search will reveal the following details:
- First name and last name
- Age
- Gender
- Race
- Personal data like weight, height, and eye color
- A date warrant was issued
- Warrant charge
- In selected cases, the contact information of the arresting agency
Free Warrant Search Options in Virginia
A free warrant search can be performed in Virginia for free through a number of options. Interested persons can visit the nearest Virginia police station to inquire about active warrants in the state. The police department will produce a list of search warrants, bench warrants, and arrest warrants, which are public records. An easier way to find warrants for free is through online wanted person lists and warrant information desks maintained by the local county sheriff's departments. These lists are also available for download for free. An example is the city of Newport's active warrants database. A number of third-party sites also allow free warrant searches, although information on these sites might be unreliable.
How Do Search Warrants Work in Virginia?
A Virginia search warrant is an official document issued by the court for searching specified locations, individuals, or items. A judge or magistrate can issue this warrant if they find probable cause in the affidavit submitted by the law enforcement officer to obtain the warrant.
When issued, the warrant will contain:
- The name of the affiant
- The identity of the subject of the warrant and their offense
- The name or description of the location
- Description of the individual or property to be seized
- The probable course found by the judge or magistrate
Law enforcement officers must execute Virginia search warrants within 15 days of the issuing date. Any warrant that remains unexecuted past this period becomes void and must be returned to the issuing authority. In Virginia, the police can only execute warrants from 8:00 a.m. to 5:00 p.m. unless a judge grants execution outside this period.
Per the law, police officers can seize or search the following with a search warrant:
- Arms and other items used to commit a criminal offense.
- Items prohibited from sale or ownership by the law.
- Property that was stolen or gained from a crime
- Any equipment or object, including documents and body fluids, that can stand as evidence of a crime.
- Any individual whose name is on an arrest warrant.
When executing a search warrant search, officers must provide the occupant(s) with a copy of the search warrant. In the absence of the occupants, the police must leave a copy of the search warrant in a conspicuous location within the search area.
How Does a Virginia Search Warrant Become Invalid?
A Virginia search warrant is invalid if there is no probable cause for issuing and executing it. Police officers must also ensure they perform the search lawfully or the warrant is invalid. An illegal search can cause evidence to be inadmissible in court. It can also lead to the dismissal of a case.
How Long Does It Take to Get a Warrant in Virginia?
In Virginia, a judge can issue a warrant in as little as a few hours or as long as a few days. However, in certain circumstances, the court may speed up the process, and it may only take a few minutes. Obtaining an arrest warrant takes less time than obtaining a search warrant because it requires more evidence before it can be issued. The judge must then be present to review and approve the warrant application. In many cases where all relevant requirements are met, the warrant would be issued in a matter of hours; otherwise, it could take days or even longer.
Virginia Arrest Warrants: Rules of Procedure
An arrest warrant in Virginia allows law enforcement to apprehend an individual for a criminal offense. A judge or court clerk must issue arrest warrants. Law officers can seek an arrest warrant from the court if authorized by the district attorney for Virginia. However, an exception is if the officer requests a warrant to apprehend someone suspected of aggravated murder.
The issuing judge or clerk usually directs an arrest warrant to a county or city sheriff's office or police department within their jurisdiction. Upon a subject's arrest, the police can bring the individual to a court in the jurisdiction of the arrest or detain the individual in the county or city where they will be tried.
Child Support Arrest Warrants in Virginia: What You Need to Know
A child support arrest warrant in Virginia is an enforcement method used by the court to punish individuals who evade or neglect their child support obligations. When someone fails to obey a child support order, the court may require the person to attend a hearing. If the parent refuses to appear, the court may find them in contempt and issue a bench warrant for their arrest, known as a child support warrant.
When apprehended on a child support warrant, a parent may be punished with a jail term of up to a year, fines, or community service.
Virginia Bench Warrants: Issuing and Arrests
A Virginia bench warrant is issued to apprehend individuals who disobeyed a court order (e.g., probation violation). Unlike other warrants, the court can issue this warrant solely at its discretion.
In the Commonwealth, bench warrants are commonly issued for the failure to attend a scheduled court hearing. Upon receipt of a bench warrant notice or discovery through a Virginia warrant search, it is advisable to visit the court immediately to recall it and prevent an unexpected arrest.
Failure to Appear in Virginia: Rules and Consequences
In Virginia, a failure to appear occurs when a person skips their court date or violates pre-trial conditions (like not showing up after posting bail). A judge or magistrate can issue a failure to appear warrant that authorizes the arrest of such persons.
In traffic or criminal misdemeanor cases, the court can conduct the trial without the absent defendant and find them guilty. However, such defendants can file an appeal at a district court within ten days or a motion to retry the case within two months.
Failure to appear can either be a Class 1 misdemeanor or a Class 6 felony in Virginia, and it further aggravates the penalties faced for the original charges. Offenders can also incur a fine of up to $2,500.
How Long Do You Have to Stay in Jail for a Warrant for Missing Court in Virginia?
The category of a criminal charge determines how long a person will stay in jail for a warrant issued for missing court in Virginia. Following Section 19.2-128 of the Virginia Code, the penalties for missing a court date include a jail sentence and a fine. However, the court may spare individuals who show good cause for being absent.
Individuals charged with a felony and who missed their court date will face up to 5 years imprisonment. If the original charge was a misdemeanor, the offender could stay in jail for up to 12 months.
Failure to Pay in Virginia: How It Works
Per Section 19.2-354 of the Virginia Code, a failure to pay occurs when the court orders someone guilty of a traffic offense or any other violation to pay a fine, and that person fails to make the payment. Individuals who fail to pay court-ordered fines for a traffic infraction can have their driving privileges suspended by the Department of Motor Vehicles.
If the defendant cannot pay within 90 days of the court order, the court may assess a one-time fee of up to $10.
No-Knock Warrant in Virginia: General Laws
Virginia is one of the U.S. states that prohibit no-knock warrants. Ordinarily, a no-knock warrant excuses police officers from announcing their presence during the execution of search warrants. However, this is unlawful in Virginia as, per state law, officers must be recognizable as the police and give audible notice of their arrival and purpose.
How to Perform a Federal Warrant Search
A federal warrant search can be performed by using the warrant information system information(WIN), which contains information from the U.S. Department of Justice and is maintained by the U.S. Marshals Service. This system contains information on warrants, court records, and other documents related to individuals who have had a federal warrant issued on them. To order a document from the system, individuals can request it in writing from the United States Marshals Service. The Letter should contain information on the requestor, such as their full name, address, and the type of record sought, in this case, a warrant. The letter should also be clearly labeled “privacy act request”. The letter for a Request for a search should be directed to the United States Marshal Service.
Attention: FOI/PA Officer,
Office of General Counsel,
CS-3, 15th Floor,
US Marshals Service
Washington, DC 20350-0001.
Does Virginia DMV Check for Warrants?
Yes, Virginia DMV checks for warrants as part of background checks, especially when issuing a new license to a driver or renewing a driver's license. When a Virginia court issues a warrant for an individual's arrest, the state DMV is usually informed, and their license is suspended. This new information is added to the national driver register. Virginia's driver's license compact also enables the Virginia DMV to check if a driver has any arrest warrants or traffic violations in any state. The national driver register is a way to check for warrants and driving violations. The National Drivers Register is a country-wide database used to look up a person's driving history and determine if drivers are wanted for any offense.
