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Smithfield Arrest Records

Are Arrest Records Public in Smithfield, Virginia?

Arrest records are public documents in Smithfield, Virginia, accessible to all citizens under the provisions of the Virginia Freedom of Information Act (FOIA). This legislation establishes the public's right to access records maintained by government bodies, including arrest records held by law enforcement agencies. Pursuant to Virginia Code § 2.2-3700, the FOIA ensures transparency in governmental operations and provides citizens with the means to monitor law enforcement activities.

The Commonwealth of Virginia operates under the presumption that all government records should be available for inspection, with specific exemptions outlined in the statute. Law enforcement agencies in Smithfield must comply with FOIA requests for arrest records unless a statutory exemption applies, such as:

Records that would jeopardize an ongoing investigation
Information that would compromise personal privacy beyond reasonable expectations
Records that could endanger the safety of law enforcement personnel
Juvenile records, which are subject to additional confidentiality protections

Requesters seeking arrest records in Smithfield should note that while the information is public, certain administrative procedures and potential fees may apply when obtaining these documents.

How to Look Up Smithfield Arrest Records in 2025

Members of the public seeking arrest records in Smithfield have multiple methods available to access this information:

In-Person Requests: Individuals may visit the Smithfield Police Department to submit requests for arrest records during regular business hours.

Smithfield Police Department
913 South Church Street
Smithfield, VA 23430
Phone: (757) 357-3247
Smithfield Police Department website
Hours: Monday-Friday, 8:00 AM - 5:00 PM

Online Access: The Smithfield Police Department maintains an online portal where certain arrest record information may be accessed. Processing time for online requests typically ranges from 7-10 business days as indicated in the department's FAQ section.
Written Requests: Citizens may submit written FOIA requests for arrest records by mail. These requests must reasonably identify the records sought and include the requester's name and contact information.
Isle of Wight County Court Records: For arrest records that have proceeded to court action, the Isle of Wight General District Court maintains relevant documentation.

Isle of Wight General District Court
17000 Josiah Parker Circle
Isle of Wight, VA 23397
Phone: (757) 365-6244
Isle of Wight Court website
Hours: Monday-Friday, 8:00 AM - 4:00 PM

Pursuant to Virginia Code § 2.2-3704, public bodies must respond to FOIA requests within five working days. The response may include providing the requested records, notifying that the records will be provided, or explaining why the records cannot be produced.

Contents of a Smithfield Arrest Record

Arrest records maintained by Smithfield law enforcement agencies typically contain comprehensive information about the arrested individual and the circumstances of their arrest. Standard components of these records include:

Full legal name and any known aliases or previous names
Demographic information including date of birth, gender, and race
Physical descriptors such as height, weight, eye color, hair color, and identifying marks
Residential address at time of arrest
Date, time, and specific location of the arrest
Arresting agency and officer identification
Detailed description of charges filed, including Virginia Code citations
Booking information and assigned case numbers
Fingerprint records and mugshot photographs
Disposition information (e.g., release on bail, detention status)
Court appearance dates and locations
Prior criminal history, if applicable and relevant to the current arrest

The Virginia Criminal Information Network (VCIN) maintains electronic records of arrests that occur within the Commonwealth, including those in Smithfield. These records are accessible to law enforcement agencies statewide and may be provided to the public through proper FOIA channels, subject to applicable exemptions under Virginia Code § 2.2-3706.

Legal Restrictions on Accessing Smithfield Arrest Records

While arrest records are generally public in Smithfield, several legal restrictions govern their accessibility. The Virginia General Assembly has established specific limitations to balance public access with privacy concerns and law enforcement needs:

Active Investigations: Pursuant to Virginia Code § 2.2-3706(A)(2)(a), records related to ongoing investigations may be withheld if release would jeopardize the investigation or prosecution.
Juvenile Records: Under Virginia Code § 16.1-301, arrest records for individuals under 18 years of age are confidential and not available to the general public without a court order.
Expunged Records: Records that have been legally expunged pursuant to Virginia Code § 19.2-392.2 are removed from public access and cannot be disclosed by law enforcement agencies.
Sealed Court Records: Certain court proceedings may be sealed by judicial order, restricting public access to associated arrest records.
Victim Protection: Information that would identify victims of sexual assault or domestic violence may be redacted from public arrest records under Virginia Code § 2.2-3706(A)(2)(g).

The Smithfield Police Department and Isle of Wight County law enforcement agencies are required to review each request for arrest records to ensure compliance with these statutory restrictions before releasing information to the public.

Expungement of Arrest Records in Smithfield

Expungement provides a legal mechanism for removing arrest records from public access in Smithfield. Virginia Code § 19.2-392.2 establishes the framework for expungement eligibility and procedures within the Commonwealth.

Individuals may petition for expungement of Smithfield arrest records under the following circumstances:

The person was acquitted of all charges
The prosecution was formally dismissed (nolle prosequi)
The person received an absolute pardon for a crime they did not commit
The person's name or identity was used without consent by another person charged with a crime

The expungement process requires filing a petition with the Isle of Wight Circuit Court, which has jurisdiction over Smithfield. Petitioners must submit:

A completed petition for expungement form
Certified copies of the relevant case disposition
Fingerprint cards from a law enforcement agency
Filing fees (approximately $88 as of 2025, subject to change)

Isle of Wight Circuit Court
17000 Josiah Parker Circle
Isle of Wight, VA 23397
Phone: (757) 365-6233
Hours: Monday-Friday, 8:30 AM - 5:00 PM

Upon receipt of a properly filed petition, the court forwards documentation to the Commonwealth's Attorney, who has 21 days to file an objection. If no objection is filed, or if the court overrules an objection after hearing, the court may order expungement if it finds that the continued existence of the record would cause the petitioner a manifest injustice.

When expungement is granted, all public records related to the arrest are removed from agency files and sealed. Law enforcement agencies, including the Smithfield Police Department, must comply with expungement orders by removing records from their publicly accessible systems.