Civil & Applicant Records Exchange (CARE)

The criminal records maintained in the Exchange are available to criminal justice entities on the state and national level on a 7 days a week, 24 hours a day basis. Criminal justice inquiries against the computerized file provide an immediate response of an individual’s criminal history record which is supported by fingerprint records on file in the Exchange. Criminal history records are documents from which criminal justice authorities derive at prudent decisions that range from determining the propensity for violence an individual may have; a judge’s review prior to sentencing; guiding a correctional official in assigning a custody level to an inmate; determining probation/parole status; and to efficiently support computerized criminal justice programs such as the firearms transaction programs on the state/national level, etc.

• History
• Overview of Record Purposes – Criminal Justice
• Overview of Record Purposes – Non-Criminal Justice (CCRE)
• Overview of Record Purposes – Non-Criminal Justice Interface (NCJI)
• Criminal Record Expungements
• Challenge of a Criminal Record
• Correction or Modification of a Criminal Record

Overview of Record Purposes – Criminal Justice

The criminal records maintained in the Exchange are available to criminal justice entities on the state and national level on a 7 days a week, 24 hours a day basis. Criminal justice inquiries against the computerized file provide an immediate response of an individual’s criminal history record which is supported by fingerprint records on file in the Exchange.

Criminal history records are documents from which criminal justice authorities derive at prudent decisions that range from determining the propensity for violence an individual may have; a judge’s review prior to sentencing; guiding a correctional official in assigning a custody level to an inmate; determining probation/parole status; and to efficiently support computerized criminal justice programs such as the firearms transaction programs on the state/national level, etc.

OVERVIEW OF RECORD PURPOSES (CCRE)

The Criminal History Records Check (CCRE) conducts criminal record searches for non-criminal justice entities and/or individuals for employment purposes. The record searches are conducted pursuant to VA Code § 19.2-389.

Criminal record searches are conducted to ensure suitability for employment in such environments as: licensed homes for adults, Dominion Energy, district homes for adults, day care centers for children and adults, nursing homes, volunteers/employees of child welfare agencies, foster/adoptive cases, private security, employment by certain school boards, and visas/international travel, etc.

The service the Exchange provides reflects the serious approach lawmakers, people of the Commonwealth, criminal justice practitioners, and employers maintain to determine if an individual has a criminal record.

OVERVIEW OF RECORD PURPOSES – NON-CRIMINAL JUSTICE INTERFACE (NCJI)

The Non-Criminal Justice Interface (NCJI) system provides for the searching of Virginia criminal history records using name and other descriptive information from remote desktops or laptops. This system is used by non-criminal justice Virginia agencies authorized by statute and private sector employers that sign an agreement with the Department of State Police.

To participate in NCJI, an agency must be located within the Commonwealth of Virginia, must sign an agreement with the Department of State Police, have access to the Internet, establish a billing account with the Department, and agree to participate in eBilling. NCJI background check requests are made through a secure portal.

NCJI can also be used to request a name search of Virginia’s Sex Offender Registry record information, both violent and non-violent offenders, for user agencies that are allowed to access this information by statute. Information on violent sex offenders is available on the Internet to the public at no charge through State Police’s Sex Offender and Crimes Against Minors Registry (Public Notification Database).

For further information pertaining to NCJI please email ncjihelp@vsp.virginia.gov or write to: Department of State Police, Criminal Justice Information Services Division, Civil and Applicant Records Exchange, P.O. Box 85076, Richmond, Virginia 23285.

Criminal justice agencies should fax the release of information forms to (804) 674-8530.

Criminal Record Expungements

Pursuant to VA Code § 19.2-392.2, individuals charged with a crime(s) in which the court rendered a disposition of not guilty, dismissed, nolle prosequi or an individual received an absolute pardon for which they had been unjustly convicted, may file a petition with the court that rendered adjudication of the case for an expungement of the record. Further information pertaining to the expungement process may be obtained from the Department of State Police at (CCRE) (804) 674-6723.

CHALLENGE OF A CRIMINAL RECORD

In instances where it comes to an individual’s attention that his/her name or other descriptive information is a matter of record in the Central Criminal Records Exchange (CCRE) and he/she is not the person of the record, then he/she may initiate a “challenge of a record.” This process is accomplished by an individual reporting this information to a local sheriff, police or State Police Headquarters and requesting to be fingerprinted for the purpose of challenging a criminal record.

It will be necessary for the individual to be fingerprinted after personal identification has been established. The official taking the fingerprints must document on letterhead paper that he/she has reviewed the individual’s personal identification and obtained the fingerprints.  There is no charge for this service.

This letter and the fingerprints are to be mailed to: Manager, Central Criminal Records Exchange, Virginia State Police, P.O. Box 27472, Richmond, Virginia 23261-7472. Within 5 workdays, the individual that initiated the challenge will receive written confirmation of the fingerprint search results; whether he/she is or is not the person of the record and record modification(s) taken, if applicable.

CORRECTION OR MODIFICATION OF A CRIMINAL RECORD

It is the policy of the CCRE to correct or otherwise modify a criminal record after receiving notification from the contributor of the record of the change to be initiated. Upon receipt of information that a record is in error, CCRE staff will initiate an audit of the record and coordinate corrections or modifications directly with the contributing agency. The time to complete this process varies depending on how expeditiously CCRE is officially advised by the contributor that a change to a record is appropriate.

CCRE will not accept corrections or changes to a criminal record from sources other than the criminal justice agency (contributor) which submitted the record.