Poquoson Arrest Records
Are Arrest Records Public in Poquoson, Virginia?
Arrest records are public documents in Poquoson, Virginia, pursuant to the Virginia Freedom of Information Act (VFOIA), Code of Virginia § 2.2-3700 et seq. This legislation establishes the presumption that all government records are open to public inspection unless specifically exempted by law. The Commonwealth of Virginia maintains this policy to ensure transparency in governmental operations and accountability of law enforcement agencies. Arrest records typically contain information regarding the identity of arrested individuals, charges filed, and circumstances surrounding the arrest. Members of the public may access these records to monitor law enforcement activities, court proceedings, and the administration of justice within their community.
The York-Poquoson Sheriff's Office maintains arrest records for the City of Poquoson as part of its jurisdictional responsibilities. These records are subject to public disclosure with certain limitations established by Virginia Code § 2.2-3706, which governs the release of criminal records information. While the general principle of public access applies, certain information may be redacted to protect ongoing investigations, juvenile records, or personal identifying information as prescribed by law.
How to Look Up Poquoson Arrest Records in 2025
Members of the public seeking arrest records in Poquoson have multiple official channels through which such information may be obtained:
York-Poquoson Sheriff's Office
301 Goodwin Neck Road
Yorktown, VA 23692
(757) 890-3621
York-Poquoson Sheriff's Office
Hours: Monday-Friday, 8:30 AM - 5:00 PMIndividuals may submit a written request for arrest records in person. The Sheriff's Office requires proper identification and completion of a records request form. A nominal fee may apply for document reproduction pursuant to Virginia Code § 2.2-3704.
York County-Poquoson Circuit Court
300 Ballard Street
Yorktown, VA 23690
(757) 890-3350
York County Poquoson Circuit Court
Hours: Monday-Friday, 8:30 AM - 4:30 PMCourt records, including arrest information for cases that have proceeded to court, may be accessed through the Clerk of Circuit Court. The court maintains a public access terminal for searching case information.
York General District Court
300 Ballard Street
Yorktown, VA 23690
(757) 890-3450
York General District Court
Hours: Monday-Friday, 8:00 AM - 4:00 PMThe District Court handles misdemeanor cases and preliminary hearings for felonies. Records of these proceedings, including arrest information, are available for public inspection.
Online Public Records Portal
The Virginia Judiciary provides limited online access to court records through its Case Information System. Arrest records that have resulted in court proceedings may be searchable through this system. Users should note that the system does not provide comprehensive arrest information and may not include recent arrests that have not yet been processed by the courts.
Pursuant to Virginia Code § 2.2-3704(H), agencies may require prepayment of fees if the projected cost of fulfilling a records request exceeds $200. All requests must reasonably identify the records sought and comply with agency procedures for records access.
Contents of a Poquoson Arrest Record
Standard arrest records maintained by the York-Poquoson Sheriff's Office and made available to the public typically contain the following information as prescribed by Virginia law:
- Full legal name of the arrested individual
- Date of birth (may be partially redacted in public copies)
- Physical description including height, weight, and identifying characteristics
- Date, time, and location of the arrest
- Statutory citation and description of the alleged offense(s)
- Name and identification number of the arresting officer(s)
- Booking information including processing date and time
- Custody status and bail/bond information if applicable
- Court appearance dates
- Case number assigned by the arresting agency
Pursuant to Virginia Code § 2.2-3706(B), certain information may be withheld from public disclosure, including:
- Social Security numbers
- Driver's license numbers
- Information that would jeopardize an ongoing investigation
- Victim contact information
- Juvenile records (subject to restrictions under Virginia Code § 16.1-301)
- Medical information protected under HIPAA
Fingerprint records and photographs (mugshots) are generally considered public records in Virginia, though agencies may exercise discretion in their release based on investigative concerns or privacy considerations as permitted by statute.
Expungement of Arrest Records in Poquoson
The Commonwealth of Virginia provides a legal mechanism for the expungement of certain arrest records under Virginia Code § 19.2-392.2. Expungement is the process by which arrest records are removed from public access and, in some cases, destroyed. In Poquoson, as throughout Virginia, individuals may petition for expungement under the following circumstances:
- The individual was acquitted of the charge
- The charge was nolle prossed (formally abandoned by the prosecutor)
- 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 York County-Poquoson Circuit Court. Petitioners must submit:
- A completed petition for expungement form (Form CC-1473)
- A complete set of fingerprints obtained from a law enforcement agency
- Filing fee (approximately $88 as of 2025, subject to change)
- Supporting documentation regarding the disposition of the case
Upon receipt of a properly filed petition, the court forwards the request to the Commonwealth's Attorney, who has 21 days to file an objection. If no objection is filed, or if the court overrules any objection after a hearing, the court may order expungement if it finds that the continued existence of the record would cause the petitioner a manifest injustice.
It should be noted that Virginia law does not currently permit expungement of records where the individual was convicted of the offense, even if the conviction was for a misdemeanor. Additionally, individuals with prior criminal records may face greater scrutiny in the expungement process.
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