Virginia

 

NOTE TO USER:

While every attempt has been made to ensure accuracy, local practices and procedures may vary.  We encourage every user to consult with an experienced juvenile justice practitioner in the jurisdiction to determine how best to proceed in any particular situation.        

 

 

Juveline Collateral Consequences in the State of Virginia

 

Understanding Virginia’s Juvenile Justice System

            In general, Virginia’s juvenile criminal law is to be “construed liberally and as remedial in character,” with the intention that “the welfare of the child and the family, the safety of the community and the protection of the rights of victims are the paramount concerns of the Commonwealth.”[1]     

            In Virginia, a criminal offender is considered a juvenile if the offender is less than eighteen years of age.[2] Juvenile cases are handled by Virginia’s Juvenile and Domestic Relations District Courts (“JDR courts”), which are broken up into jurisdictions by county or city.[3] An offender is subject to Virginia juvenile court jurisdiction if the crime in question occurred prior to the offender’seighteenth birthday.[4] If the JDR court sentences an adult for a crime committed before the offender’s eighteenth birthday, the court may impose the penalty applicable to adults for such violations; however, these sanctions are not to exceed the punishment for a Class 1 misdemeanor.[5] If an offender has reached the age of twenty-one and prosecution for a juvenile offense has not commenced, then the offender will be tried as an adult.[6]

            A “delinquent child” is defined as a child who has committed a delinquent act, or an adult who has committed a delinquent act prior to turning eighteen years of age, except where the jurisdiction of the juvenile court has been terminated by transfer of the case to circuit court.[7] A “delinquent act” is defined as the commission of any act designated a crime under the law of the Commonwealth, federal law, or an ordinance of any city, county, town, or service district,[8] some violations of a court order,[9] and transportation or possession of a firearm[10] by a juvenile.[11] The rule in Virginia is not clear on whether JDR proceedings against juveniles are civil or criminal in nature.[12] The Virginia Code states that a finding of delinquency does not impose any of the civil disabilities ordinarily imposed by conviction for a crime.[13]As this publication makes clear, however, there are serious collateral consequences to a juvenile adjudication.

            There are several options for confinement of juveniles available. The Code of Virginia allows judges to use local detention homes as sentencing options and specifies the criteria for their use.[14] The Code also allows the court to place a juvenile in a post-dispositional program (“post-D”) for up to either thirty days or six months.[15] However, if placed in post-dispositional detention for over thirty days, the Code requires “separate services for a juvenile’s rehabilitation.”[16] To be eligible for post-dispositional detention, a juvenile must (1) be fourteen years of age or older; (2) have committed a Class 1 or Class 2 misdemeanor or a non-violent juvenile felony; (3) not have committed a violent juvenile felony, and must not have been released from commitment to the Department of Juvenile Justice in the previous eighteen months.[17] Post-dispositional detention is a local option, but the provision of these programs is not mandated by the Code of Virginia.

            Juveniles may be committed to the Department of Juvenile Justice, but only if the juvenile is eleven years of age or older.[18] If the juvenile’s current offense is a Class 1 misdemeanor, the offender must have previously been found delinquent for what would be considered a felony or three Class 1 misdemeanors if committed by an adult in order to be eligible for commitment.[19]

            There are two types of commitment available to the court when committing a juvenile to a juvenile correctional center. If the juvenile is eligible for commitment, the court may commit the juvenile to the custody of the Department of Juvenile Justice for an indeterminate[20] or a determinate period of time.[21]

            Any juvenile who is eligible for commitment under the statutory requirements[22] may be committed for an indeterminate period under Virginia Code.[23] For any juvenile who is indeterminately committed, the Department is vested with the statutory authority to determine when that juvenile should be released. The length of the indeterminate commitment cannot exceed thirty-six continuous months, unless the juvenile has reached the age of twenty-one or was indeterminately committed for murder or manslaughter.[24] If a juvenile was committed for murder or manslaughter, then indeterminate commitment may extend to the juvenile’s twenty-first birthday.[25]

            Under some circumstances, a juvenile fourteen years of age or older who has been found guilty of an offense that would be a felony if committed by an adult may be committed to the Department of Juvenile Justice as a “serious juvenile offender” if the offense is serious or the youth had been previously adjudicated delinquent for non-minor offenses.[26] Courts are given the authority to determine the length of a serious juvenile offender’s commitment to a juvenile correctional center; however, commitment is not to exceed seven years or past the juvenile's twenty-first birthday, whichever occurs first.[27] A “serious juvenile offender” must undergo regular sentence review hearings after the first two years and every year thereafter.[28]

            In some cases, Virginia law allows juveniles to be tried as adults in circuit court. A case must meet four prerequisites before it is eligible for transfer: (1) a youth must be at least fourteen years old at the time of the offense;[29] (2) adequate notice of the charges must be provided to a youth and a youth’s parents;[30] (3) a juvenile court judge or grand jury must find probable cause that the youth committed an offense;[31] and (4) a youth must be competent to stand trial.[32] While competency is presumed, it may be challenged in JDR court before a case is moved to circuit court.[33]

            There are several ways for a youth to be transferred from JDR court to circuit court.[34]

Legislative Certification: If charged with capital murder, first or second degree murder, murder by lynching, or aggravated malicious wounding, a youth will receive a preliminary hearing in JDR court.[35] The purpose of the preliminary hearing is to determine whether those threshold requirements laid out above have been met.[36] If those requirements are met, a juvenile will automatically be certified, and the case will be sent to the circuit court.[37]        

Prosecutorial Certification: If a youth charged with one of a wide range of felonies the prosecution may request certification.[38] If the prosecutor makes this request, a juvenile will receive a preliminary hearing in JDR court.[39] The case is certified to circuit court if probable cause is found at the hearing.[40]

Judicial Discretion Transfer: For any other crime that would be considered a felony if committed by an adult, a prosecutor may ask a JDR court judge to transfer a youth to circuit court.[41] In this situation, a juvenile court judge receives a transfer report documenting each of the factors the court must consider at the hearing (e.g., age, seriousness and number of alleged offenses, amenability to treatment and rehabilitation, availability of dispositional alternatives, prior juvenile record, mental capacity and emotional maturity, educational record, etc.)[42]  In addition, probation officers will often make a recommendation as to whether a case should be transferred.[43]

A juvenile court then holds a fully contested hearing and hears evidence from both sides on statutory factors such as amenability to treatment, age, seriousness of offense, and the child's mental health status.[44] This list is not exhaustive, however, and a judge may consider other factors suggested by the evidence.[45] Based on all of the evidence presented at the hearing, a judge will decide whether a youth should remain in the jurisdiction of the juvenile court or be transferred to circuit court.[46] The standard of review is a preponderance of the evidence.[47]

The standard on appeal is not de novo, as is typical of appeals from juvenile court. Rather, the circuit court’s role on appeal is to conduct a hearing, receive further evidence on the issue of transfer, and determine whether there has been substantial compliance with statutory law,[48] without reassessing whether the juvenile court had sufficient evidence to find, by probable cause, that the juvenile committed the offense in question.[49]

Direct Indictment:  In cases proceeding under certain enumerated statutesof the Code,[50] if the charge has been certified by the juvenile court to the grand jury, the attorney for the commonwealth may directly seek an indictment, on the instant offense and all ancillary charges, without an order from the circuit court.[51]

Waiver of Juvenile Court Jurisdiction: A youth at least fourteen years old charged with an offense that would be a felony if committed by an adult may waive the jurisdiction of the juvenile court with the written consent of counsel and have the case heard in circuit court.[52]

Cure-All Provision: Virginia law provides for the curing of any error or defect in a juvenile court proceeding, except those pertaining to the youth’s age, upon indictment in circuit court.[53] This provision severely limits the degree of review available in transfer cases.

Trial of Youth in Circuit Court: Youth whose cases are transferred to circuit court are tried in the same manner as adults but may not be sentenced by a jury.[54]  Pursuant to Virginia code, conviction of a juvenile as an adult precludes the juvenile court from taking jurisdiction of such juvenile for any subsequent offenses and any pending allegations of delinquency that had not been disposed of by the juvenile court at the time of the criminal conviction.[55] If a juvenile is not convicted in circuit court, jurisdiction over that juvenile for any future alleged delinquent or criminal behavior is returned to the juvenile court.[56]

Sentencing of Youth in Circuit Court: Circuit court judges may sentence certain transferred youths[57] as either a juvenile or an adult, which may include adult prison or jail time.[58]  Furthermore, if a juvenile is convicted of a crime that would require an adult to register as a sex offender[59] the youth will also be required to register.[60]

A sentencing option unique to these cases is blended sentencing. A blended sentence allows a youth to serve the beginning of a sentence in a juvenile correctional facility and the remainder in an adult correctional facility.[61]  Blended sentences and determinate commitments to the Department of Juvenile Justice (“DJJ”)[62] will be accompanied by a sentence review hearing two years after the youth is sentenced and every year thereafter that they remain in the custody of the DJJ, or until the juvenile reaches the age of twenty-one.[63] At the conclusion of the review hearing, a court may choose to modify an original sentence.[64] A circuit court may also impose any disposition available to the juvenile court with a suspended adult sentence,[65] which will be conditioned upon successful completion of the juvenile disposition.[66]

 

Treatment of Juvenile Arrest Records

Notification of Collateral Consequences of Juvenile Records

            To enter a knowing and voluntary guilty plea, an individual must know the direct consequences of a guilty plea.[67] “Direct consequences are defined as “those having a ‘definite, immediate and largely automatic effect on the range of the defendant’s punishment.’”[68] Apart from these constitutional requirements and the professional responsibilities of judges or defense counsel, there is no independent statutory obligation for judges or defense counsel to notify a youth or youth’s parents about the collateral consequences a juvenile may face.   

Can prior juvenile adjudications trigger enhanced punishments towards sentencing for convictions in circuit court?

            Virginia law calls for the consideration of some juvenile adjudications when determining sentencing for later criminal convictions. Virginia law provides the penalty for driving while intoxicated with a prior conviction, and specifically defines prior convictions to include juvenile adjudications.[69] Similarly, another provision prohibits the possession of firearms by a convicted felon, and applies to “(i) any person who has been convicted of a felony or (ii) any person under the age of 29 who was found guilty as a juvenile 14 years of age or older . . .”[70]

            Additionally, the code governs the adoption of initial discretionary sentencing guideline midpoints, and specifies that “previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories.[71] In a circuit court sentencing proceeding before a jury, “the Commonwealth shall present the defendant’s prior criminal convictions . . . including adult convictions and juvenile convictions and adjudications of delinquency . . .”[72]

            A third felony conviction involving certain sex offenses means the maximum punishment will be imposed because the Virginia Code specifically mentions felony adjudications in juvenile court.[73] Additionally, it is likely that both juvenile and circuit court convictions may be used as evidence under the Sexually Violent Predators Act.[74]

Is DNA Routinely Collected?

            Any juvenile fourteen years of age or older who is adjudicated delinquent of an offense that would be a felony if committed by an adult must give a DNA sample.[75] The sample is then sent to the Department of Forensic Science.[76] There is no statutory indication that juvenile DNA samples are stored differently than adult samples.

Are Fingerprints and Photographs Routinely Taken?     

             Fingerprints and photographs are taken for felony or felony-type offenses.[77]  A juvenile offense requires a report to the Central Criminal Records Exchange (“CCRE”) if the juvenile is adjudicated delinquent for an offense that would be a felony if committed by an adult, has a case dismissed pursuant to a deferred disposition for an offense that would be a felony if committed by an adult, or is convicted or adjudicated delinquent for an offense that would require reporting to the CCRE if committed by an adult (all felonies and most Class 1 and 2 misdemeanors except DUI, trespass, and disorderly conduct).[78]A report must be made regardless of the juvenile’s age.[79] Copies of the youth’s fingerprints and a report of the disposition must be submitted to CCRE whenever a report is required by statute.[80]

            Juvenile records are sent to the CCRE, but are maintained separately from adult records.[81] Juvenile records of fingerprints and photographs must be destroyed after sixty days if a petition or warrant is not filed.[82] Additionally, these records must be destroyed by court order within six months if a juvenile is found not guilty of an offense other than a violent felony or any other case that results in a disposition that does not require the records.[83]

Is juvenile arrest data made public? What juvenile arrest data may be distributed?

            Juvenile law enforcement records are not open to the public unless a juvenile is fourteen years of age or older and charged with a violent juvenile felony.[84] Law enforcement agencies in Virginia are required to maintain separate and confidential records for all juvenile violations of the law (other than traffic violations) and must take special precautions to ensure the records are protected from unauthorized disclosure.[85]

            A chief of police or sheriff may, in his/her discretion, disclose to a juvenile’s school principal the fact that a juvenile has been charged with or is a suspect in a violent felony, the burning or destroying of a dwelling or house, or violating the law while in the possession of a weapon.[86] If the chief of police or sheriff chooses to disclose such information, he or she has a duty to inform the principal, within fifteen days of disposition, if the juvenile has been adjudicated delinquent, convicted, found not guilty, has had disposition deferred, or if charges have been reduced, withdrawn, dismissed, or nolle prosequi.[87] Also, if charges are dismissed, not handled within ninety days of initial disclosure, or handled informally without a court disposition the principal must also be informed.[88]

            Inspection of juvenile law enforcement records is permissible by the following agencies:

  1. A court dealing with a juvenile directly in a proceeding;[89]
  2. Officers of institutions/agencies to which a juvenile is currently committed or those to which the juvenile will be committed to for supervision after release;[90]
  3. A person, agency, or institution that, by order of the court, has a legitimate interest in the case or the work of the law enforcement agency;[91]
  4. Law enforcement officers from other jurisdictions, when necessary for official duties, as ordered by the court;[92]
  5. The probation and other professional staff of a court for the purposes of preparing a pre-sentence report or other dispositional proceedings, officials in penal institutions to which a juvenile is committed, or by a parole board;[93] and
  6. The juvenile, parent, guardian, custodian, and counsel for the juvenile, by order of the court.[94]

 

Treatment of Juvenile Court Records

What information does a juvenile court record contain?

            Various agencies hold several different types of juvenile records that contain different types of information. For example, a juvenile’s law enforcement record may contain information about the alleged offense, fingerprints, photographs, and DNA samples.[95] Juvenile court records contain information about the juvenile’s offense, adjudication, and disposition, and may also contain social, medical, education, psychiatric, or psychological records, including reports or preliminary inquiries, predisposition studies, and supervision records.[96] The Virginia Department of Juvenile Justice maintains its own confidential records on any juvenile who is or has been “(i) before the court, (ii) under supervision, or (iii) receiving services from a court service unit or who are committed to the Department . . .”, which includes social history, medical, psychiatric, and psychological reports and records.[97]

At what point in the court process do records begin? How are they stored?

            JDR Court records begin when a petition is filed.[98] The JDR Court maintains both paper and electronic files.[99] Department of Juvenile Justice records begin at the point of intake and are stored in an independent electronic database system.[100]  Some records are also stored with the Central Criminal Records Exchange.[101]

Who can access juvenile arrest and court records?

            This area of law changes almost annually in Virginia. The confidentiality of juvenile records is consistently targeted in Virginia’s legislature. For this reason, one must check the Virginia Code closely for exceptions to the confidentiality of juvenile records.

            A juvenile court’s files, including a juvenile’s social history and other documents, are generally deemed confidential; access is generally limited to the court’s officers and staff, the parties and their attorneys, officials of other courts and public agencies, and persons conducting legitimate research, subject to specific court approval.[102]

            Juvenile courts and circuit courts trying juvenile cases are required by statute to keep a dedicated docket for juvenile cases.[103] The social and medical (including psychological) portions of a juvenile record are, in all cases, closed to the public and may be disclosed only to certain statutorily enumerated parties (listed below).[104] All other juvenile records, including docket, petitions, motions, and other papers filed with a case, are similarly closed to the public unless a juvenile is fourteen years or older and has been adjudicated delinquent after committing an act which, if committed by an adult, would be a felony.[105] In this instance, the records of that and any subsequent adjudications of delinquency will be open to the public.[106]

            There are certain entities, identified by statute, with access to juvenile court records:

  1. The parties to the proceedings and their attorneys;[107]
  2. The judge, probation officers and professional staff involved in the hearing;[108]
  3. Any agency providing services for a juvenile that is ordered or requested by the court;[109]
  4. Any other person, agency or institution, by order of the court, having a legitimate interest in the case or in the work of the court;[110]
  5. Any attorney for the Commonwealth, local pretrial services or community-based probation officer, or state adult probation or parole officer may have access to an electronic format by the court for the limited purposes of preparing a pretrial investigation report, presentence report, discretionary sentencing guidelines worksheets, post-sentence investigation report, or preparing for any transfer or sentencing hearing;[111] and
  6. The Office of the Attorney General, for all criminal justice activities otherwise permitted and for purposes of performing duties required by Chapter Nine of the Virginia Code.[112]

            The clerk of the court issuing the disposition is required to provide written notice of the disposition to the superintendent of schools in the juvenile’s school division if the juvenile is adjudicated delinquent, convicted, found not guilty, or the charges are reduced for enumerated serious offenses.[113] During the 2010 General Assembly session, the Virginia Code was amended to allow local law enforcement authorities and prosecutors to disclose further information, including terms of release from detention, court dates, and terms of any disposition orders entered by the court, to the superintendent of such student's school division, upon request by the superintendent.[114] The following limitations were put on the disclosure made under this section of the Code, no disclosures shall be made pursuant to this section in violation of the confidentiality provisions of subsection A of § 16.1-300 or the record retention and redisclosure provisions of § 22.1-288.2.”[115]

 

Sealing and Expunging Delinquency Files or Records      

Do juveniles have the ability to seal or expunge arrest and court records?

            Virginia does not have a mechanism for actively sealing juvenile records; however, most juvenile court records are confidential and may only be accessed by certain agencies and individuals authorized by statute or by order of the court.[116] The expungement of arrest and court records depends on the crime for which the juvenile was convicted.

            Court records connected with juvenile proceedings are automatically destroyed each year if the juvenile is nineteen years of age or older and five years have passed since the last hearing in any case involving the juvenile.[117] Records that have been reported to the Department of Motor Vehicles are destroyed automatically when the juvenile reaches twenty-nine years old.[118] This automatic destruction of records occurs only if the juvenile was tried as a juvenile; automatic destruction does not occur if the juvenile was fourteen years of age or older, was adjudicated delinquent in juvenile court for an act that would be a felony if committed by an adult, or is found guilty of a felony in circuit court.[119]

           If a juvenile is at least fourteen years old and charged with a violent juvenile felony, law enforcement records regarding such juvenile will be open to the public.[120] If taken, fingerprints or photographs must be kept separate from adult records.[121] If charges against a juvenile are not filed, all copies of the fingerprints and photographs must be destroyed sixty days after they were taken.[122] If charges are filed, but the juvenile is found not guilty, the court will order that all copies of fingerprints and photographs be destroyed within six months.[123]

            However, if a juvenile is convicted of a felony or adjudicated delinquent of an act that would be a felony if committed by an adult, a copy of the fingerprints and a report of the disposition must be sent to the Central Criminal Records Exchange (“CCRE”).[124] Arrest records for felonies, acts that would be felonies if committed by an adult, and misdemeanors punishable by confinement in jail, are also required to be reported to the CCRE.[125] In addition, a report of the resulting disposition must be transmitted to the CCRE.[126] The Virginia Code contains no mechanism or requirement for automatic expungement of juvenile records in the CCRE received pursuant these requirements.[127]

How does a juvenile expunge prior records?

             Many juvenile court records will be automatically expunged unless a report is made to the DMV or the youth was found guilty of a delinquent action that would be a felony if committed by an adult.[128] If a report is made to the DMV, the record will be destroyed when the juvenile attains twenty-nine years of age.[129] If records are not automatically destroyed by law enforcement officials or the clerk of the court, a juvenile may petition for expungement only if acquitted, a nolle prosequi is taken, or the charges are “otherwise dismissed.”[130] If a petitioner has no prior criminal record and the arrest was for a misdemeanor, the court shall enter an order of expungement unless the Commonwealth shows good cause as to why the motion should not be granted.[131] In other cases, the court must deny the petition unless the court finds “that the continued existence and possible dissemination of information relating to the arrest of the petitioner causes or may cause circumstances which constitute a manifest injustice to the petitioner.”[132]

            The Virginia Code has specific provisions addressing expungement.[133] Generally, records from misdemeanor cases are destroyed when the juvenile attains the age of nineteen years and five years have elapsed since the date of the last hearing in any case in which the juvenile was the subject.[134] However, legislation enacted in 2009 lengthens the period in which juvenile court records involving sexually violent offenses, as defined in the Civil Commitment of Sexually Violent Predators Act,[135] and specifically enumerated misdemeanor sex cases must be retained.[136]

Who has access to expunged juvenile records?

            It is a Class 1 misdemeanor for any person having or acquiring access to an expunged court or police record to open, review, or to disclose to another person any information without permission from the court that ordered the record expunged.[137] A court may enter an ex parte review of the expunged record “upon a verified petition filed by the attorney for the Commonwealth alleging that the record is needed by a law-enforcement agency for purposes of an employment application as an employee of a law-enforcement agency or for a pending criminal investigation” if prohibiting access to the record will jeopardize the investigation or endanger life or property.[138]

How will expunged juvenile records affect a juvenile in the future?  

            By law, employers and educational institutions may not require an applicant for employment or admission to disclose expunged arrests or criminal charges; in addition, state and local governments may not require “in any application, interview, or otherwise, require an applicant for a license, permit, registration, or governmental service” to reveal information regarding expunged arrests or charges..[139] Furthermore, “an applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests or charges that have been expunged.”[140]

 

Challenging Court Record and Arrest Record Accuracy

Is there a way for corrections to be made to a juvenile record?

            DJJ records may be challenged in Virginia.[141] In order to do so, an individual, or someone acting on the individual’s behalf, must complete documentation provided by the applicable department and forward it to the DJJ administrator responsible for overseeing the overall operation of the Virginia Juvenile Justice Information System (“VJJIS”).[142]

            Once this is done, all versions of a juvenile’s record must officially be marked as challenged, at which point a juvenile may make a brief statement explaining his/her reasons for challenging the record.[143] If, during this period, the record is lawfully distributed, it must reflect the challenged status and contain the juvenile’s explanatory statement.[144] From here, the VJJIS administrator examines the record for obvious error.[145] If no error is found, then a copy of the challenge form and any relevant information is sent to agencies that might have created or compiled the challenged information.[146]

            Agencies who receive a copy of the challenge form must check all source data and search for errors, after which time the VJJIS administrator will be made aware of the agencies’ findings.[147] If modification of the record is warranted, the VJJIS functional administrator must make the change and notify all previously notified agencies.[148] Any entity that disseminated an incorrect juvenile record must notify all parties that received the record that such record was incorrect.[149] The agency that received the challenge also must notify the individual of the result and the right of an administrative review to appeal, should the juvenile be unsatisfied with the result[150]

 

Employment Opportunities  

Can juvenile records be viewed for employment purposes?

General Provisions Regarding Juvenile Records: As previously discussed, access to juvenile records is limited. The Virginia Code does not list employers as entities with access to juvenile arrest or court records.[151] Further, a juvenile found guilty on a petition of delinquency is not subject to the same sanctions ordinarily imposed on those convicted as adults, and the juvenile is not disqualified from “employment by any state or local governmental agency.”[152]

Juveniles Adjudicated Delinquent on Adult Felony Crimes or Tried as Adults: If a juvenile is at least fourteen years old and adjudicated delinquent on the basis of a crime that would be a felony if committed by an adult, court records are open to the public unless the judge orders that the records remain confidential in order to protect a juvenile victim or witness.[153] The social, medical, psychiatric, psychological, predisposition, and supervision records of the juvenile are not open to the public.[154] With the prospective employee’s written consent, an employer may file a form with the CCRE requesting criminal records.[155]

Special Exception for Barrier Crimes and Employers Providing Care to Children, the Elderly and the Disabled: Although juvenile records are generally confidential, employers, businesses, and organizations in fields providing care to children, the elderly, or the disabled may request a national criminal background search on prospective employees.[156] If previously convicted of a “barrier crime,” which includes nearly thirty felonies and two misdemeanors,[157] the prospective employee will be disqualified from employment in this field, regardless of whether the prospective employee was a juvenile at the time of the offense.[158] 

Can employers view juvenile records that have been sealed or expunged?

Sealed Records:Generally, employers cannot view sealed records of juveniles unless the employer has statutory access to those records.[159]

Expunged Records:An employer cannot require an applicant for employment to disclose any expunged criminal records.[160] Juvenile records that have been expunged are destroyed and the criminal adjudication is treated as if the offense never occurred.[161]

How should juveniles respond to inquiries about a record on job applications?      

            Juvenile delinquency findings are not convictions and do not need to be disclosed if the application requests information about convictions. If a juvenile is asked about an arrest record and that record has been expunged, disclosure is not required.[162]

            Juveniles should also look at professional handbooks and applications for the fields they are interested in; some licensing applications specifically state that cases adjudicated in the juvenile court system should not be disclosed.[163]

 

Collateral Consequences Affecting Elementary & Secondary Education Students

Can a complaint or charge brought against a juvenile affect elementary or high school education?

            Regardless of where a crime is alleged to have been committed, intake officers are required to notify the superintendent of the juvenile’s school district of any charges filed against the juvenile if such charges would be a felony if committed by an adult, namely those involving firearms, homicide, felonious assault and bodily injury, sexual assault, possession, manufacture, distribution of controlled substances, arson, burglary, robbery, street gang activity and recruitment, or an act of violence by mob.[164]

            Some charges – such as those involving weapons, alcohol, drug offenses, or intentionally injuring another – may allow a school to place a student in an alternative education program prior to or regardless of an adjudication of guilt.[165] JDR courts are also authorized to require a student to attend an alternative education program if the student has certain types of charges pending.[166] A student may also be suspended for up to ten days pending a decision to place the student in an alternative program if the student is charged with certain offenses.[167]

If a youth is adjudicated delinquent or has admitted to committing a crime, is there any effect on elementary or high school education?

            If a student is convicted or adjudicated delinquent of certain serious offenses, law enforcement must provide notice to schools, and schools may take disciplinary action including suspension or expulsion from school.[168] The court clerk must provide written notice to the superintendent of the court’s disposition, including the nature of the offense, within fifteen days,[169] If the offense occurred on school property and would be an adult misdemeanor, at the request of the school superintendent, juvenile courts may also share “information regarding terms of release from detention, court dates, and terms of any disposition orders entered by the court.”[170] Further, under Virginia law, a school may place a student in an alternative education program if the student is found guilty or not innocent of an offense related to homicide, weapons or firearms, felonious assault, criminal sexual assault, controlled substances, arson, burglary, robbery, criminal street gang activity or recruitment, alcohol, or any crime that resulted or could have resulted in injury to another.[171]

            If no disciplinary action is taken by a school due to one of these offenses, the notice must be kept separate from the student’s disciplinary record.[172] If disciplinary action is taken as a result of the adjudication or conviction, the parent must be notified in writing of the punishment and the reasons behind it.[173] Since the notice will become part of a student’s disciplinary record, the letter to a parent must also contain information about the right to review a student’s record and request that it be amended.[174]

Can a youth be suspended or face expulsion from elementary or secondary school based on a record that has been expunged?

            If a youth’s records have been expunged, violations will be treated as if they never occurred, so a juvenile cannot be suspended or expelled for that record.[175] However, notification to a school and subsequent discipline will usually occur long before expungement,[176] so this is often not applicable.

If a youth has been suspended, is there any relief available?

            For short-term suspensions, oral or written notice must be provided, and a student must be given an opportunity to address the allegations.[177] In addition, any interested party may petition the superintendent or his/her designee for review.[178] Depending upon school board regulations, the school board may be able to review the disciplinary decision.[179]

            For long-term suspensions, notice must be in writing and include a proposed disciplinary action, reasons for the action, and the right to a hearing.[180] The superintendent, a designee, or a committee of the school board may conduct the hearing, and an appeal must be provided.[181] If a mid-level review is conducted by the superintendent or designee, an appeal may be made to a committee of the school board.[182] Then, if the committee’s decision is not unanimous, it may be appealed to the full school board.[183]       

If a youth has been expelled, is there relief available?

            For expulsions, notice must be in writing and include a proposed disciplinary action, reasons for the action, and a right to a hearing.[184] If the decision to expel a student is made by a superintendent or a designee, the decision must always be reviewed by the school board or its disciplinary committee.[185] If the decision to expel a student is made by a disciplinary committee, the decision is final if the committee has a unanimous decision; however, if the decision is not unanimous, the student or parent is permitted to appeal to the full school board.[186] The appeal must be decided within thirty days.[187]

            Once a student is expelled, notice to a student’s parents must state if the student is eligible to return to the school and if so, what the terms and conditions are for readmission.[188] If the school concludes that a student is not eligible to return to school or attend an alternative education program, the student may apply to be readmitted at any time during an expulsion in order to begin attending school one year after the expulsion date.[189] The application for readmission must be reviewed by the superintendent, the school board, or a school board committee.[190] If the petition is denied by the superintendent or committee, a student can appeal the decision and have it reviewed by the school board.[191]

If a youth has been placed in an alternative education program, is there relief available?

            Before being placed in an alternative education program, a student and a student’s parents must receive written notice of the placement and of the right to a hearing regarding the placement.[192] If the decision is made by the superintendent or designee, the student or parent can appeal the decision in writing for the school board to review, subject to limitations placed on the timing of such an appeal.[193]

Are there collateral consequences affecting access to state higher education for a juvenile that has been adjudicated delinquent or charged with a crime?

            A juvenile’s access to Virginia’s community colleges is unaffected by criminal charges or delinquency adjudications; community colleges in Virginia are open admission institutions, and students are automatically admitted when they submit an online application.[194] Applications for admission do not contain any questions about charges or adjudications.[195]

            While some four-year colleges in Virginia do not require disclosure of criminal charges or delinquency adjudications,[196] other four-year colleges have different policies. Some colleges use the Common Application, which requires students to disclose and explain any past disciplinary violations, misdemeanors, felonies, or other crimes.[197] Admissions counselors for some colleges using the Common Application weigh the answers to these questions as one factor in the overall consideration of a student. Other colleges that do not utilize the Common Application may still require disclosure of criminal charges or juvenile adjudications.[198] At least one college, Virginia Polytech University, has a highly structured process for examining the seriousness of a student’s charges and adjudications, including a threat assessment team made up of individuals from various departments who make recommendations to an admissions director.[199]

 

Collateral Consequences to Receipt of Public Benefits & Privileges

Will a juvenile record affect the chances of becoming a foster parent or adopting a child?

            An adult with a juvenile record containing an adjudication of delinquency may be prevented from adopting a child or becoming a foster parent. By statute, a juvenile conviction or adjudication that would have constituted a felony if committed by an adult within or outside the Commonwealth is considered an offense barring eligibility for becoming a foster or adoptive parent.[200] The Commonwealth recognizes a limited number of exceptions for burglary, breaking and entering, and drug possession, provided a certain number of years have elapsed since conviction.[201]

Can a juvenile record (or a household member’s juvenile record) affect eligibility for public housing?

            When screening applicants for federally assisted housing, the local housing authority is required to perform a criminal history background check to determine whether any household member is subject to a lifetime sex offender registration requirement in the State where the housing is located, as well as in other States where household members are known to have resided.[202] Families with a member subject to a lifetime sex offender registration requirement are prohibited from admission to any federally assisted housing.[203]

            A local housing authority may prohibit admission to public housing or Section 8 subsidy programs if it determines that any household member has, or is currently engaged in, drug-related or violent criminal activity or criminal activity that may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or persons residing in the immediate vicinity.[204]The local housing authority may obtain criminal conviction records of adult household members as a matter of course.[205] Juvenile records may only be obtained by an interested agency via court order.[206]

            However, a housing authority may use any source of evidence to support a decision to terminate public housing assistance.[207] Evidence may be considered without regard to admissibility under the rules of evidence applicable to judicial proceedings.[208] The housing authority may consider all of the circumstances, and the evidence need not rise to the standard of proof required in criminal cases.[209] A local housing authority may terminate participation in the public housing or Section 8 subsidy programs if it reasonably believes that a juvenile household member is engaging in criminal activity that is violent, drug-related, or “threatens the health, safety or right to peaceful enjoyment of other residents and persons” living within the vicinity of the premises.[210] Public housing authorities have the right to evict families of delinquent children, even if the delinquent conduct does not occur on public housing property;[211] eviction may occur even if the primary tenant had no personal knowledge of the criminal or drug-related activity of the juvenile household member.[212]

            In short, a juvenile household member does not need to be arrested, convicted, or adjudicated delinquent for a parent to be evicted.[213]

Can having a juvenile record affect a driver’s license or permit?

            In order to obtain a driver’s license, a juvenile adjudged to be delinquent or found to be a child in need of supervision must obtain written court approval.[214] There are certain crimes involving motor vehicles that will result in the loss of a driver’s license or permit as a part of the sentence – youth can expect to lose a permit or license if adjudicated delinquent for theft or unauthorized use of a motor vehicle[215],driving under the influence, or causing serious bodily injury, up to and including homicide.[216]

            There are offenses not related to use of motor vehicles that also lead to the loss of a license or driver’s permit. For instance, the Commissioner of the Department of Motor Vehicles will revoke a juvenile’s license for a period of six months if the juvenile is found guilty of certain drug offenses, including illegal possession, manufacture, selling, giving, or distribution of a controlled substance or an imitation controlled substance.[217] A juvenile will also have his/her license revoked if (s)he is found to have unlawfully possessed alcohol.[218] 

Can a delinquency adjudication affect the right to possess a firearm?

            In Virginia, it is unlawful for any juvenile fourteen years or older who is adjudicated delinquent for a serious offense such as murder, kidnapping, robbery, or rape, to possess a firearm.[219] Persons adjudicated delinquent at age fourteen or older of an offense that would be a felony if committed by an adult may not possess a firearm until they reach age twenty-nine.[220] These prohibitions do not apply to persons possessing firearms while carrying out official military or law enforcement duties or to those who have been pardoned[221] or had civil rights restored.[222]

 

Special Offender Registries 

When will a juvenile have to register as a sex offender?

            Juveniles are not automatically required to register unless tried and convicted of a sex offense in circuit court.[223] If a juvenile is convicted as an adult of a sex offense in circuit court,[224] registration with the Department of State Police for inclusion in the Sex Offender and Crimes Against Minors Registry (“Registry”) will be required.[225]

            Juveniles adjudicated delinquent will not be required to register as a matter of course; however, at the discretion of the court, a juvenile who is over thirteen years of age at the time of the offense and adjudicated delinquent on or after July 1, 2005 may be required to register upon motion of the Commonwealth’s attorney.[226] In determining whether a juvenile will be required to register, the court will consider:“(i) the degree to which the delinquent act was committed with the use of force, threat or intimidation, (ii) the age and maturity of the complaining witness, (iii) the age and maturity of the offender, (iv) the difference in the ages of the complaining witness and the offender, (v) the nature of the relationship between the complaining witness and the offender, (vi) the offender’s prior criminal history, and (vii) any other aggravating or mitigating factors relevant to the case.”[227]

            Sex offenses requiring registration are varied.[228]

Who has access to the sex offender registry?

            Every person required to register with the State Police must provide Registry information to the local law-enforcement agency where the offender physically resides.[229] Registration information is then forwarded by local authorities to the State Police.[230]

            The State Police will disclose registry information to the Federal Bureau of Investigation for inclusion in the National Sex Offender Registry.[231] The State Police will also make Registry information available, upon request, to other criminal justice agencies, including local law-enforcement agencies, through the Virginia Criminal Information Network (“VCIN”).[232] Registry information provided through the VCIN may be used for the administration of the criminal justice system, for the purposes of screening current or prospective employees or volunteers, or otherwise for the protection of the general public, especially children.[233] Upon request, the State Police will also provide the Statewide Automated Victim Information and Notification system with Registry information, which may be used to notify victims and law enforcement personnel regarding changes in the status of those on the Registry.[234]

            The State Police also makes Registry information publicly available on the Internet.[235] Alternatively, members of the public may obtain information on a specific individual by submitting an official request form directly to the State Police or to the State Police through a local law-enforcement agency in a local city or town.[236]

            Any school, daycare service, child-minding service, state-regulated or state-licensed child daycare center, child day program, children’s residential facility, family daycare home, assisted living facility, foster home, nursing home, certified nursing facility, and any institution of higher education may request and receive electronic notice of the registration or re-registration of any sex offender within their same or contiguous zip code.[237] Likewise, individual members of the public may also request electronic notice of the registration or re-registration of any sex offender within the same or contiguous zip code.[238]

            If an offender is enrolled in or employed by an institution of higher learning, the State Police will disclose information on the registry to the law enforcement agency serving that institution, or to the police department in the district where the institution of higher learning is located.[239] An institution of higher learning is defined as any post-secondary school, trade or professional institution, or institution of higher education.[240]

            The State Police may also disseminate Registry information regarding an offender’s electronic mail address information, any instant message, chat or other Internet communication name or identity information to businesses or organizations that offer electronic communication or remote computing services.[241]

What information is disclosed?

The information publicly disclosed on the Internet includes:

  1. The name of the sex offender;
  2. All known aliases;
  3. The date and locality of the conviction;
  4. A brief description of the offense;
  5. The offender’s age;
  6. The current address of the offender;
  7. A photograph of the offender; and
  8. Other information that the State Police may, from time to time, determine is necessary to preserve public safety, including but not limited to the fact that an individual is wanted for failing to register or reregister.[242]

Is there any relief for juveniles who are on the sex offender registry?

            If a juvenile is required to register as a sex offender, relief and removal of the juvenile’s name from the registry follows the same process as it would for an adult offender.[243]

 

 

 


[1]Va. Code Ann. § 16.1-227 (2010).

[2]Va. Code Ann. § 16.1-228(6) (2010).

[3]Va. Code Ann. § 16.1-228,-241 (2010.

[4] Va. Code Ann.. § 16.1-228 (2010).

[5]Va. Code Ann. § 16.1-284 (2010).

[6]Va. Code Ann. § 16.1-242 (2010).

[7]Va. Code Ann. § 16.1-269.6 (2010); Va. Code Ann.§16.1-228 (2010).

[8] Va. Code Ann.§ 16.1-228 (2010).

[9]Va. Code Ann. § 16.1-292 (2010).

[10]Va. Code Ann. § 18.2-308.7 (2010).

[11]Va. Code Ann. § 16.1-228 (2010).

[12]Lewis v. Com., 214 Va. 150, 153, 198 S.E.2d 629, 632 (1973).

[13]Va. Code Ann. § 16.1-308 (2010).

[14] Va. Code Ann.§ 16.1-284.1 (2010).

[15]Va. Code Ann. § 16.1-284.1(A) (2010).

[16]Va. Code Ann. § 16.1-284.1(D) (2010).

[17]Va. Code Ann. § 16.1-284.1(A) (2010).

[18]Va. Code Ann. § 16.1-278.8(A)(14) (2010).

[19]Va. Code Ann. § 16.1-278.7,-278.8 (2010).

[20]Va. Code Ann. § 16.1-285 (2010).

[21]Va. Code Ann. § 16.1-285.1 (2010).

[22] Va. Code Ann.§ 16.1-278.8(A)(14) (2010).

[23]Va. Code Ann. § 16.1-285 (2010).

[24]Va. Code Ann. § 16.1-285 (2010).

[25]Id.

[26]Va. Code Ann. § 16.1-285.1 (2010). The court “shall consider . . . the seriousness and number of the present offenses, including (i) whether the offense was committed in an aggressive, violent, premeditated, or willful manner; (ii) whether the offense was against persons or property, with greater weight being given to offenses against persons, especially if death or injury resulted; (iii) whether the offense involved the use of a firearm or other dangerous weapon by brandishing, displaying, or threatening with or otherwise employing such weapon; and (iv) the nature of the juvenile’s participation in the alleged offense.”

[27]Va. Code Ann. § 16.1-285.1(C) (2010).

[28]Va. Code Ann. § 16.1-285.1(F) (2010).

[29]Va. Code Ann. § 16.1-269.1 (2010).

[30]Va. Code Ann. § 16.1-263,-264 (2010).

[31]Va. Code Ann. § 16.1-269.1 (2010).

[32]Id.

[33]Id.

[34] Id. 

[35]Id.

[36]Robert E. Shepherd, Jr., Legal Issues Involving Children, 30 U. Rich. L. Rev. 1467, 1477 (1996).

[37]Va. Code Ann. § 16.1-269.1(B),(D) (2010).

[38]Va. Code Ann. § 16.1-269.1(C) (2010).

[39] Id.

[40]Va. Code Ann. § 16.1-269.1(D) (2010).

[41]Va. Code Ann. § 16.1-269.1(A) (2010).

[42]The transfer report provides details related to each of the factors courts must consider under Va. Code Ann. § 16.1-269.1(A) (2010).

[43] Campaign for Youth Justice, A Parent’s Guide to Juvenile Transfer in Virginia 2, available at http://www.campaignforyouthjustice.org/documents/VirginiaParentsGuidetoTransfer.pdf(“In a transfer hearing, where the court is deciding whether to transfer your child to the adult system, the probation officer will make a recommendation on whether your child should be treated as a juvenile or transferred to the adult court.”).

[44]Va. Code Ann. § 16.1-269.1(A) (2010).

[45]Id.

[46]Va. Code Ann. § 16.1-269.1(A)(4) (2010).

[47]Id.

[48] “Statutory law” refers to Va. Code Ann. § , subsection A, 16.1-269.1 (2010)

[49]Va. Code Ann. § 16.1-269.6(B) (2010).

[50] Va. Code Ann.§ 16.1-269.1(B)(C) (2010).

[51]Va. Code Ann. § 16.1-269.6(B) (2010).

[52]Va. Code Ann. § 16.1-270 (2010).

[53] Va. Code Ann.§ 16.1-269.1(E) (2010)

[54]Va. Code Ann. § 16.1-272(A) (2010).

[55] Va. Code Ann.§ 16.1-271 (2010).

[56]See Va. Code Ann. § 16.1-271 (2010).

[57] Va. Code Ann.. § 16.1-269.1;-270 (2010).

[58]Va. Code Ann. § 16.1-272(A) (2010).

[59]These crimes include felonies in violation of Va. Code Ann. § 18.2-61, 18.2-63, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.5, 18.2-370 or 18.2-370.1 (2010) or, where the victim is a minor or is physically helpless or mentally incapacitated as defined in Va. Code Ann. § 18.2-67.10, subsection B of § 18.2-361 or subsection B of § 18.2-366 (2010).

[60]Va. Code Ann. § 16.1-272(C) (2010).

[61]A “violent juvenile felony” is defined as any offense that is subject to certification to the adult court pursuant to Va. Code Ann.§ 16.1-269.1(B) or (C) (2010). The statute reads that, under this provision, a juvenile may “serve a portion of the sentence as a serious juvenile offender … and the remainder of such sentence in the same manner as provided for adults”; (ii) “… serve the entire sentence in the same manner as provided for adults”; or (iii) a suspended adult term “conditioned upon successful completion of such terms and conditions as may be imposed in a juvenile court upon disposition of a delinquency case….” [see Va. Code Ann.§ 16.1-272(A)(1) (2010)].

[62] Va. Code Ann.§ 16.1-285.1 (2010).

[63]Va. Code Ann. § 16.1-285.1(C) (2010); Va. Code Ann. § 16.1-285.1(F) (2010).

[64]Id. The Department may, however, remove the juvenile from the correctional center without the court’s approval “for the sole purpose of routine or emergency medical treatment, routine educational services, or family emergencies.” Va. Code Ann. § 16.1-285.1(E) (2010).

[65]Va. Code Ann. § 16.1-272(A)(2) (2010).

[66]Id.

[67]Brady v. United States, 397 U.S. 742, 755, 90 S. Ct. 1463, 25 L. Ed. 2d 747 (1970); Cuthrell v. Dir., Patuxent Inst., 475 F.2d 1364, 1365 (4th Cir. 1973).

[68]Bryant v. Cherry, 687 F.2d 48, 50 (4th Cir. 1982)(quoting Cuthrell, 475 F.2d at 1366).

[69] Va. Code Ann.§ 18.2-270 (2010).

[70]Va. Code Ann. § 18.2-308.2 (2010).

[71]Va. Code Ann. § 17.1-805 (2010).

[72] Va. Code Ann. § 19.2-295.1 (2010).

[73]Va. Code Ann. § 18.2-67.5:3 (2010). See also Va. Code Ann. § 18.2-67.5(2) (2010).

[74]See Com. v. Garrett, 276 Va. 590, 667 S.E.2d 739 (2008) (concluding that an expert may testify about the defendant’s propensity to commit further acts of a sexually violent nature based on analysis of juvenile and adult records).

[75]Va. Code Ann. § 16.1-299.1 (2010).

[76]Id.

[77] Va. Code Ann.§ 16.1-299(B) (2010).

[78]Id.

[79]Id.

[80]Id.

[81] Va. Code Ann. § 16.1-299(A) (2010).

[82]Va. Code Ann. § 16.1-299(C) (2010).

[83]Id.

[84]Va. Code Ann. § 16.1-269.1 (2010);Va. Code Ann. § 16.1-301(A) (2010).

[85]Va. Code Ann. § 16.1-301(A) (2010).

[86]Va. Code Ann. § 16.1-301(B) (2010).

[87]Id.

[88]Id.

[89]Va. Code Ann. § 16.1-301(C)(1) (2010).

[90]Va. Code Ann. § 16.1-301(C)(2) (2010).

[91]Va. Code Ann. § 16.1-301(C)(3) (2010).

[92]Va. Code Ann. § 16.1-301(C)(4) (2010).

[93]Va. Code Ann. § 16.1-301(C)(5) (2010).

[94]Va. Code Ann. § 16.1-301(C)(6) (2010).

[95] See Va. Code Ann. § 16.1-299 (2010); Va. Code Ann. § 16.1-299.1 (2010).

[96]Va. Code Ann. § 16.1-305 (2010).

[97]Va. Code Ann. § 16.1-300 (2010).  

[98] See Va. Code Ann.§ 16.1-305(C) (2010)

[99]Va. Code Ann. § 16.1-305(A)(5) (2010).

[100]Va. Code Ann. § 16.1-305(A)(5) (2010).  

[101] Va. Code Ann. § 16.1-299(A) (2010);Virginia State Police, Central Criminal Records Exchange (CCRE) http://www.vsp.state.va.us/CJIS_CCRE.shtm.

[102]Va. Code Ann. § 16.1-300, -302, -305 (2010).

[103]Va. Code Ann. § 16.1-302 (2010).

[104]Va. Code Ann. § 16.1-305 (2010).

[105]Va. Code Ann. § 16.1-305(B)(1) (2010). In a closed juvenile hearing, however, a judge can close records at his or her discretion in order to protect juvenile victims or witnesses. Id.

[106] Id.

[107]Va. Code Ann. § 16.1-305 (A)(3) (2010). Although self-represented parties in juvenile courts must be allowed access to their own records, they do not have to be notified of their right to do so. Office of the Attorney General, Opinion N. 06-107, 2007 WL 833774 (Va. A.G. Feb. 20, 2007).

[108]Va. Code Ann. § 16.1-305(A)(1) (2010).

[109]Va. Code Ann. § 16.1-305(A)(2) (2010).

[110]Va. Code Ann. § 16.1-305(A)(4) (2010).

[111]Va. Code Ann. § 16.1-305(A)(5) (2010).

[112]Va. Code Ann. § 16.1-305(A) (2010).

[113]Va. Code Ann. § 16.1-260 (2010); A firearm offense pursuant to Va. Code Ann. § 18.2-279(2010); homicide, pursuant to Va. Code Ann. § 18.2-30-18.2-33 (2010); felonious assault and bodily wounding, pursuant to Va. Code Ann. § 18.2-51-18.2-60.2 (2010); criminal sexual assault, pursuant to Va. Code Ann. § 18.2-61-18.2-67.10 (2010); manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances or marijuana, pursuant to  Va. Code Ann. § 18.2-24718.2-265.5 (2010); arson and related crimes, pursuant Va. Code Ann. § 18.2-77to 18.2-88 (2010).; burglary and related offenses, pursuant to Va. Code Ann. §§ 18.2-89-18.2-93(2010); robbery pursuant to Va. Code Ann. § 18.2-58(2010); prohibited criminal street gang activity pursuant to Va. Code Ann. § 18.2-46.2(2010); recruitment of other juveniles for a criminal street gang activity pursuant to Va. Code Ann. § 18.2-46.3(2010); and an act of violence by a mob pursuant to Va. Code Ann. § 18.2-42.1(2010).

[115]Id.

[116]See discussion, supra, regarding the confidentially provisions for juvenile records.

[117]Va. Code Ann. § 16.1-306(A) (2010).

[118]Id.

[119]Va. Code Ann. § 16.1-307 (2010); 1993 Va. Op. Att'y Gen. 101 (1993).

[120]Va. Code Ann. § 16.1-301 (2010).

[121]Va. Code Ann. § 16.1-299(A) (2010).

[122]Va. Code Ann. § 16.1-299(C) (2010).

[123]Id.

[124]Va. Code Ann. § 16.1-299(A) (2010).

[125]Va. Code Ann. §§ 16.1-299,19.2-390(A) (2010).

[126]Va. Code Ann. § 16.1-299 (B) (2010).

[127]See Va. Code Ann. § 16.1-299 (2010).

[128]See Va. Code Ann. § 16.1-306 (2010).

[129]Id.

[130]Va. Code Ann. § 19.2-392.2(A) (2010).

[131] Va. Code Ann. § 19.2-392.2(F) (2010).

[132]Va. Code Ann. § 19.2-392.2 (2010).

[133] Va. Code Ann. § 16.1-69.55(2010); Va. Code Ann. § 16.1-306 (2010).

[134]Va. Code Ann. § 16.1-306 (2010).

[135]Va. Code Ann. § 37.2-900(2010).

[136]2009 Acts of Assembly Ch. 740.

[137]Va. Code Ann. § 19.2-392.3 (2010).

[138]Id.

[139]Va. Code Ann. § 19.2-392.4(A),(B) (2010).

[140]Va. Code Ann. § 19.2-392.4(A),(B) (2010).

[142]Id.

[143]6 VA. ADMIN. CODE§ 35-160-280(B) (2010).

[144]Id.

[145]6 VA. ADMIN. CODE§ 35-160-280(C) (2010).

[146]Id.

[147]6 VA. ADMIN. CODE§ 35-160-280(D) (2010).

[148]6 VA. ADMIN. CODE§ 35-160-280(E) (2010).

[149]6 VA. ADMIN. CODE§ 35-160-280(F) (2010).

[150]6 VA. ADMIN. CODE§ 35-160-280(G) (2010).

[151]See Va. Code Ann. § 16.1-300,301 (2010); Va. Code Ann. § 16.1-305 (2010); Va. Code Ann. § 19.2-389.1 (2010).

[152]Va. Code Ann. § 16.1-308 (2010).

[153] Va. Code Ann. § 16.1-305 (2010).

[154]Va. Code Ann. § 16.1-305(A) (2010).

[155]Va. Code Ann. § 19.2-389(H) (2010). For the forms used by employers in requesting criminal records, see Virginia State Police, Forms and Publications, http://www.vsp.state.va.us/FormsPublications.shtm.

[156]Va. Code Ann. § 19.2-392.02 (2010).

[157]Va. Code Ann. § 63.2-1719 (2010); Va. Code Ann. § 63.2-1726 (2010).

[158]Va. Code Ann. § 19.2-392.02 (2010).

[159]Va. Code Ann. § 16.1-300 (2010); Va. Code Ann. § 16.1-301 (2010); Va. Code Ann. § 16.1-305 (2010); Va. Code Ann. § 19.2-389.1 (2010)

[160]Va. Code Ann. § 19.2-392.4(A) (2010).

[161]Va. Code Ann. § 16.1-306(E) (2010).

[162]Va. Code Ann. § 19.2-392.4(A) (2010).

[163]E.g. Department of Professional and Occupational Regulation, Board for Contractors, Forms and Applications, available at http://www.dpor.virginia.gov/dporweb/con_form.cfm.

[164]Va. Code Ann. § 16.1-260(G) (2010).

[165]Va. Code Ann. § 22.1-277.2:1 (2010).

[166]Va. Code Ann. § 22.1-254(F) (2010).

[167]Va. Code Ann. § 22.1-277.2:1 (2010); Va. Code Ann. § 22.1-277.04 (2010).

[168]Va. Code Ann. § 22.1-277(B) (2010).

[169]Va. Code Ann. § 16.1-305.1 (2010).

[170]Va. Code Ann. § 22.1-279.3:1 (2010).

[171]Va. Code Ann. § 22.1-277.2:1 (2010); Va. Code Ann. § 16.1-260(G) (2010).

[172]Va. Code Ann. § 22.1-288.2 (2010).

[173]Id.

[174]Id.

[175]Va. Code Ann. § 16.1-306(E) (2010).

[176]See Va. Code Ann. § 22.1-277(B) (2010).

[177]Va. Code Ann. § 22.1-277.04 (2010).

[178]Id.

[179]Id.

[180]Va. Code Ann. § 22.1-277.05 (2010).

[181]Id.

[182]Id.

[183]Id.

[184]Va. Code Ann.  § 22.1-277.06 (2010).

[185]Id.

[186]Id.; see also Va. Code Ann. § 22.1-277.05 (2010).

[187]Va. Code Ann. § 22.1-277.06 (2010).

[188]Id.

[189]Id.

[190]Id.

[191]Id.

[192]Va. Code Ann. § 22.1-277.2:1 (2010).

[193]Id.

[195]See Virginia’s Community Colleges, Application for Admission, http://www.jsr.vccs.edu/jsr_ar/forms/11-0000.pdf.

[196]SeeVirginia Commonwealth University, Application for Undergraduate Admission, http://www.ugrad.vcu.edu/pdfs/UgradApp.pdf.

[197]SeeThe Common Application, 2009-10 First Year Application, https://www.commonapp.org/CommonApp/docs/downloadforms/CommonApp2010.pdf

[198]See Virginia Polytechnic Institute. Virginia Tech Freshman Application, http://www.admiss.vt.edu/forms/VTFreshApp.pdf.

[199]See Virginia Polytechnic Institute, Threat Assessment Team Information, http://www.threatassessment.vt.edu/about/index.html.

[200]Va. Code Ann. § 63.2-1719 (2010); Va. Code Ann. § 63.2-1721(B) (2010).

[201]Va. Code Ann. § 63.2-1721(F)-(G) (2010).

[202]24 C.F.R. § 5.903(a) (2010); 24 C.F.R. § 5.856 (2010)

[203]24 C.F.R. 960.204(a)(4) (2010);; see “Sex Offender Registries” discussion infra.

[204]24 C.F.R. § 960.203(c) (2010); 24 C.F.R. § 960.204 (2010).

[205]42 U.S.C. § 1437d(q)(1) (2010); 42 U.S.C. § 1437d(s) (2010); 24 C.F.R. § 5.903 (2010).

[206]42 U.S.C. § 1437d(q)(1)(C) (2010); see “Treatment of Juvenile Records” discussion supra.

[207]See 42 U.S.C. § 1437d (2010).

[208]24 C.F.R. § 982.555(e)(5) (2010).

[209]24 C.F.R. §§ 966.4(l)(5)(iii) (2010); 24 C.F.R. § 982.310(c)(3) (2010); 24 C.F.R. § 982.552(c)(1)(i) (2010); 24 C.F.R. § 982.552(c)(2)(i) (2010); 24 C.F.R. § 982.553(b) (2010); Dep't of Hous. & Urban Dev. v. Rucker, 535 U.S. 125, 129, 122 S. Ct. 1230, 152 L. Ed. 2d 258 (2002).

[210]42 U.S.C. § 1437d(I)(6) (2010); 24 C.F.R. § 966.4(l)(5)(iii) (2010); 24 C.F.R. § 982.551(l) (2010); 24 C.F.R. § 982.552(c)(1)(i) (2010); 24 C.F.R. § 982.553(b) (2010).

[211]42 U.S.C. § 1437d(I)(6) (2010); 24 C.F.R. § 966.4(l)(5)(iii) (2010); 24 C.F.R. § 982.551(l) (2010); 24 C.F.R. § 982.552(c)(1)(i) (2010); 24 C.F.R. § 982.553(b) (2010).

[212]Dep't of Hous. & Urban Dev., 535 U.S., 133-136.

[213]24 C.F.R. §§ 966.4(l)(5)(iii) (2010); 24 C.F.R. § 982.310(c)(3) (2010); 24 C.F.R. § 982.552(c)(1)(i) (2010); 24 C.F.R. § 982.552(c)(2)(i) (2010); 24 C.F.R. § 982.553(b) (2010); Dep't of Hous. & Urban Dev., 535 U.S., 129.

[214]Va. Code Ann. § 46.2-334(A)(3) (2010).

[215]Va. Code Ann. § 46.2-390 (2010).

[216]Va. Code Ann. § 18.2-36.1 (2010); Va. Code Ann. §18.2-51.4 (2010); Va. Code Ann. § 46.2-391 (2010).

[217]Va. Code Ann. §§ 18.2-247-18.2-265.5 (2010); Va. Code Ann. § 46.2-390.1(A) (2010).

[218]Va. Code Ann. § 16.1-278.9(A) (2010).

[219] Va. Code Ann. §18.2-308.2(A) (2010).

[220] Id.

[221]Va. Code Ann. § 18.2-308.2(B) (2010).

[222] Va. Code Ann. § 18.2-308.2(C) (2010).

[223]Va. Code Ann. § 9.1-902(G) (2010); Va. Code Ann. § 9.1-901(A) (2010).

[224]Only those convicted on or after July 1, 1994 are subject to Virginia registration requirements. See Va. Code Ann. § 9.1-901(A) (2010).

[225]Va. Code Ann. § 9.1-900 (2010); Va. Code Ann. § 9.1-901(A) (2010); Va. Code Ann. § 9.1-903(A) (2010).

[226]Va. Code Ann. § 9.1-902(G) (2010); Va. Code Ann. § 9.1-903(A) (2010).

[227]Va. Code Ann. § 9.1-902(G) (2010).

[228]Va. Code Ann. § 9.1-902 (2010).

[229]Va. Code Ann. § 9.1-903(A) (2010).

[230]Id.

[231]Va. Code Ann. § 9.1-911 (2010).

[232]Va. Code Ann. § 9.1-912 (2010).

[233]Id.

[234]Va. Code Ann. § 9.1-922 (2010).

[235]Va. Code Ann. § 9.1-913 (2010).

[236]Va. Code Ann. § 9.1-912(A)–(B) (2010).

[237]Va. Code Ann. § 9.1-914 (2010).

[238]Id.

[239]Va. Code Ann. § 9.1-906 (2010).

[240]Id.

[241]Va. Code Ann. § 9.1-912(C) (2010).

[242]Va. Code Ann. § 9.1-913 (2010).

[243] Va. Code Ann. § 9.1-909 (2010); Va. Code Ann. § 9.1-910 (2010).

Resources/Links

Virginia Department of Juvenile Justice
http://www.djj.virginia.gov/
Virginia Juvenile Justice Association
http://thevjja.org/
Children's Law Center
http://law.richmond.edu/about/centers/childrens/index.html
Virginia Indigent Defense Commission
http://www.publicdefender.state.va.us/
Attorney General of Virginia
http://www.oag.state.va.us/
Campaign for Youth Justice- Virginia
www.campaignforyouthjustice.org/Downloads/laws/VA_Law.doc
JustChildren Program
http://www.justice4all.org/justchildren/justchildren-program/