>Winchester City County Arrest Records Online

Winchester Arrest Records

Are Arrest Records Public in Winchester, Virginia?

Arrest records are public in Winchester, Virginia, pursuant to the Virginia Freedom of Information Act (VFOIA), Code of Virginia § 2.2-3700 et seq. This legislation establishes that all public records maintained by public bodies shall be open to inspection and copying by any citizens of the Commonwealth, with certain statutory exemptions. The Virginia FOIA defines public records as all writings and recordings prepared or owned by, or in the possession of, a public body or its officers, employees, or agents in the transaction of public business.

Law enforcement agencies in Winchester maintain arrest records as part of their official duties. These records document the apprehension and detention of individuals suspected of criminal activity. While most arrest information is accessible to the public, certain details may be redacted or withheld in accordance with exemptions provided in § 2.2-3706 of the Code of Virginia, particularly when disclosure might compromise ongoing investigations or endanger individuals.

How to Look Up Winchester Arrest Records in 2025

Members of the public seeking arrest records in Winchester have multiple methods available to access this information. The Winchester Police Department and Frederick County Sheriff's Office maintain systems for public record retrieval. Individuals may utilize the following procedures to obtain arrest record information:

In-person requests can be submitted at the Winchester Police Department Records Division, located at 231 E. Piccadilly Street, Suite 310, Winchester, VA 22601. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Proper identification is required.
Written requests may be submitted via postal mail to the Records Division at the address listed above. Requests must include the requestor's full name, contact information, and specific details about the records being sought.
The Winchester Circuit Court maintains criminal case records that may be accessed through their clerk's office at 5 North Kent Street, Winchester, VA 22601. The office operates Monday through Friday from 8:00 AM to 4:00 PM and can be reached at (540) 667-5770.
Electronic access to certain court records is available through the Virginia Judiciary Online Case Information System, though complete arrest records may require direct agency contact.

Pursuant to Virginia Code § 2.2-3704, public bodies must respond to FOIA requests within five working days. Agencies may charge reasonable fees to cover the actual cost of accessing, duplicating, or supplying requested records.

Contents of a Winchester Arrest Record

Winchester arrest records contain standardized information as mandated by Virginia law enforcement protocols. These official documents typically include the following elements:

Biographical information of the arrested individual, including full legal name, known aliases, date of birth, gender, race, and residential address
Physical descriptors such as height, weight, eye and hair color, and identifying marks such as scars or tattoos
Arrest details including date, time, and location of the arrest
Arresting agency information and identification of the arresting officer(s)
Enumeration of criminal charges filed, with reference to applicable Virginia Code sections
Case number and tracking information for administrative purposes
Booking information, including fingerprints and photographs taken during processing
Custody status, including bail or bond information if applicable
Preliminary hearing date and court assignment information

In accordance with Virginia Code § 19.2-390, law enforcement agencies must report arrest information to the Central Criminal Records Exchange maintained by the Virginia State Police. This reporting requirement ensures comprehensive documentation of criminal justice interactions throughout the Commonwealth.

Legal Framework for Accessing Arrest Records

The accessibility of arrest records in Winchester is governed by a comprehensive legal framework established at both state and federal levels. The Virginia Freedom of Information Act serves as the primary statutory authority, with specific provisions addressing criminal records in § 2.2-3706 of the Code of Virginia.

Public access to arrest records is subject to the following legal considerations:

The Virginia Criminal Information Network (VCIN) and National Crime Information Center (NCIC) records are restricted to authorized criminal justice agencies pursuant to Virginia Code § 19.2-389.
Juvenile arrest records are generally confidential under Virginia Code § 16.1-301, with limited exceptions for certain serious offenses.
Records pertaining to ongoing investigations may be temporarily withheld under exemptions provided in § 2.2-3706(A)(2).
Federal privacy laws, including the Privacy Act of 1974, may impact the disclosure of certain information contained within arrest records.

The Frederick/Winchester General District Court processes criminal cases at 5 North Kent Street, Winchester, VA 22601. The court operates Monday through Friday from 8:00 AM to 4:00 PM and can be reached at (540) 722-7208.

Expungement of Arrest Records in Winchester

Virginia law provides mechanisms for the expungement of arrest records under specific circumstances. Pursuant to Virginia Code § 19.2-392.2, individuals may petition for expungement when:

The individual was acquitted of the charge.
A nolle prosequi was taken or the charge was otherwise dismissed, including dismissal by accord and satisfaction.
The individual was granted an absolute pardon for a crime they did not commit.

The expungement process requires filing a petition with the circuit court in the jurisdiction where the case was concluded. In Winchester, these petitions are filed with the Winchester Circuit Court. The procedure involves:

Submission of a completed petition for expungement form
Payment of the required filing fee (approximately $88 as of 2025)
Fingerprinting at an authorized law enforcement agency
Service of the petition on the Commonwealth's Attorney
Attendance at a scheduled hearing before the circuit court judge

If granted, an expungement order directs all agencies possessing records related to the arrest to remove such records from public access and seal them. The Winchester Police Department, Virginia State Police, and all other agencies maintaining such records must comply with expungement orders within a specified timeframe.

It should be noted that Virginia's expungement laws are more restrictive than those of many other states, as they generally do not permit expungement of convictions, only arrests that did not result in conviction.

Limitations on Use of Arrest Records

Commonwealth law imposes significant restrictions on how arrest record information may be utilized, particularly in employment contexts. Pursuant to Virginia Code § 19.2-392.4, it is unlawful for any person to require an applicant for employment to disclose information concerning any arrest or criminal charge against the applicant that has been expunged.

Additional limitations include:

Employers with more than 15 employees are prohibited from including questions about arrests on employment applications under Virginia Code § 40.1-28.7:3.
The Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) restricts the reporting of arrest records older than seven years by consumer reporting agencies.
Housing providers receiving federal funding face limitations on using arrest records in housing decisions under U.S. Department of Housing and Urban Development guidelines.

The Winchester Human Rights Commission, located at Rouss City Hall, 15 North Cameron Street, Winchester, VA 22601, provides guidance on compliance with anti-discrimination laws related to the use of criminal records. The office can be contacted at (540) 667-1815.