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Scott County Arrest Records

How To Look Up Arrest Records in Scott County in 2026

ScottVARecords.org provides access to publicly available information related to arrest records in Scott County, Virginia. Members of the public may find booking records, charge information, custody status, and related court case data through official and third-party sources. Available record categories include arrest logs, jail rosters, criminal court case filings, and booking photographs. Access and completeness vary by agency and record type.

Records may be searched through the Scott County Sheriff's Office, the Clerk of Circuit Court, the Virginia State Police, public access terminals at the courthouse, and online tools maintained by state and local agencies.

Online Methods:

1. County Sheriff's Office Arrest Records

The Scott County Sheriff's Office maintains booking records and jail roster information for individuals processed at the regional jail. Members of the public may contact the Sheriff's Office directly to inquire about current custody status and recent arrest information. The Sheriff's Office coordinates with the Southwest Virginia Regional Jail Authority, which houses Scott County detainees.

  • Jail roster updates occur on a rolling basis as bookings are processed
  • Available information includes arrestee name, charges, booking date, and custody status
  • Search by full legal name or booking number

2. Local Police Departments

Scott County is a rural jurisdiction; the primary law enforcement authority is the Sheriff's Office. The Town of Gate City maintains a police department that handles arrests within its municipal limits.

Gate City Police Department
130 W. Jackson St.
Gate City, VA 24251
Phone: (276) 386-6011

  • Arrest logs and press releases may be obtained through a written public records request
  • Municipal arrests are forwarded to the regional jail for booking

3. County Clerk of Court Case Search

The Virginia Judiciary's online case information system allows members of the public to search criminal court cases by defendant name. Court case records linked to arrests include charge descriptions, hearing dates, and case dispositions.

  • Search by last name, first name, and date of birth for most accurate results
  • Circuit Court handles felony cases; General District Court handles misdemeanors and traffic offenses
  • Case numbers assigned at arraignment can be cross-referenced with arrest records

Scott County Circuit Court Clerk
104 E. Jackson St., Suite 2
Gate City, VA 24251
Phone: (276) 386-3801
Scott County Circuit Court

Hours: Monday–Friday, 8:30 a.m.–4:30 p.m.

4. State Law Enforcement Database

The Virginia State Police maintains the Central Criminal Records Exchange (CCRE), which is the statewide repository for criminal history information. Under Virginia Code § 19.2-389, access to complete criminal history records is restricted to authorized agencies, employers in specific sectors, and individuals requesting their own records.

  • Personal criminal history requests may be submitted to the Virginia State Police
  • Fee: $15 for a name-based search; $20 for a fingerprint-based search
  • Results include arrests, dispositions, and conviction history statewide

Virginia State Police — Criminal Records Exchange
P.O. Box 85076
Richmond, VA 23285
Phone: (804) 674-2000
Virginia State Police

In-Person Access:

Sheriff's Office:

Scott County Sheriff's Office
190 Beech St.
Gate City, VA 24251
Phone: (276) 386-7641
Scott County Sheriff's Office

  • Hours: Monday–Friday, 8:00 a.m.–4:30 p.m.
  • Bring valid government-issued photo identification
  • Provide the full legal name of the subject, date of birth, and approximate arrest date if known
  • Copy fees: $0.50 per page for standard copies; certification fees may apply

Clerk of Court:

Scott County General District Court
104 E. Jackson St.
Gate City, VA 24251
Phone: (276) 386-7612
Virginia's Judicial System

  • Hours: Monday–Friday, 8:30 a.m.–4:30 p.m.
  • Criminal case files available for public inspection at the clerk's counter
  • Copy fees: $0.50 per page; certified copies $2.00 per document

By Mail:

Written requests for arrest records may be directed to the Scott County Sheriff's Office at 190 Beech St., Gate City, VA 24251. Requests should include the subject's full legal name, date of birth, date of arrest if known, booking number if available, and the requester's contact information. Payment for copies should accompany the request. Processing time is typically 5–10 business days.

By Phone:

  • Scott County Sheriff's Office: (276) 386-7641
  • Callers should have the subject's full name, date of birth, and approximate arrest date available
  • Phone inquiries provide limited information; staff may refer callers to the online case search or an in-person visit for detailed records

Through Legal Channels:

Attorneys may obtain arrest records and associated police reports through formal discovery in criminal proceedings. Subpoenas may be issued for records not available through routine public access. Defense counsel and prosecutors receive broader access to investigative materials under Virginia Rules of Court.

Information Needed for Search:

  • Full legal name (first and last at minimum)
  • Date of birth or approximate age
  • Approximate date of arrest
  • Booking number (if known)
  • Jurisdiction of arrest (Sheriff's Office, Gate City Police, or state agency)

Are Arrest Records Public in Scott County

Arrest records in Scott County are public records under Virginia law. Pursuant to the Virginia Freedom of Information Act (VFOIA), codified at Virginia Code § 2.2-3700 et seq., all public records are presumed open unless a specific exemption applies. Arrest records fall within the category of records that government agencies are required to make available to members of the public upon request.

The public interest in arrest records reflects several recognized purposes:

  • Government transparency and accountability for law enforcement actions
  • Public safety awareness within the community
  • Support for journalism and academic research
  • Use in background screening by employers and licensing agencies
  • Access by parties in legal proceedings

What Arrest Information Is Public:

  • Arrestee name and known aliases
  • Date and time of arrest
  • Location of arrest
  • Arresting agency
  • Charges filed at the time of arrest
  • Booking number
  • Booking photograph (mugshot)
  • Bond and bail information
  • Current custody status
  • Basic demographic information including age and physical description

Limitations on Public Access:

  • Juvenile arrest records are restricted under Virginia law and are not available to the general public
  • Expunged arrest records are removed from public access following a court order
  • Sealed records are subject to court-ordered confidentiality
  • Information related to active investigations may be withheld to protect the integrity of the investigation
  • Identities of undercover officers and confidential informants are exempt from disclosure
  • Victim identifying information may be withheld in cases involving sexual offenses or domestic violence
  • Participants in witness protection programs are not identified in public records

Constitutional and Legal Basis:

The Virginia Constitution, Article I, Section 12, protects freedom of the press, which courts have interpreted to include reasonable access to government records including arrest information. The VFOIA reflects the legislative balance between transparency and individual privacy. The First Amendment to the U.S. Constitution provides an independent basis for press access to arrest and booking information. Due process considerations require that arrest records accurately reflect the outcome of proceedings, including dismissals and acquittals.

Who Can Access Arrest Records:

  • General public
  • Media organizations
  • Employers, subject to restrictions under the federal Fair Credit Reporting Act (FCRA)
  • Landlords, subject to applicable fair housing laws
  • Professional licensing agencies
  • Background check companies operating under FCRA compliance
  • Attorneys and legal professionals
  • Academic researchers

Restrictions on Use:

The FCRA governs the use of arrest records in employment and housing decisions. Employers using third-party background check services must comply with FCRA notice and authorization requirements. Virginia does not currently have a statewide "ban the box" law applicable to private employers, though executive branch state agencies follow fair chance hiring policies. Arrests that did not result in conviction carry less legal weight than convictions and may not be used as the sole basis for adverse employment decisions in many contexts.

What's in Scott County Arrest Records

Personal Identification Information:

  • Full legal name and any aliases or "also known as" names
  • Date of birth and age at time of arrest
  • Sex and gender
  • Race and ethnicity
  • Height and weight
  • Eye color and hair color
  • Identifying marks such as scars and tattoos
  • Address at time of arrest (may be partially redacted)

Arrest Details:

  • Date and time of arrest
  • Location of arrest by street address or general area
  • Arresting agency (Sheriff's Office, Gate City Police, Virginia State Police, or other)
  • Arresting officer name and badge number (included in some records)
  • Booking date and time
  • Booking number or arrest number
  • Warrant information if the arrest was warrant-based

Charges Information:

  • Specific criminal charges as filed
  • Virginia Code statute numbers violated
  • Charge descriptions in plain language
  • Classification as felony (Class 1–6) or misdemeanor (Class 1–4)
  • Number of counts for each charge
  • Domestic violence designation where applicable
  • Gang-related designation where applicable

Booking Information:

  • Booking facility name and location (Southwest Virginia Regional Jail)
  • Intake process timestamp
  • Booking photograph (mugshot)
  • Fingerprints are collected during booking but are not included in public records
  • Personal property inventory

Custody and Bond Information:

  • Current custody status (in custody, released, or bonded out)
  • Bond amount as set by the court
  • Bond type:
    • Cash bond
    • Surety bond
    • Personal recognizance (PR bond)
    • No bond (held without bail)
  • Release date and time if the individual has been released
  • Release conditions if made part of the public court record

Court Information:

  • Court case number assigned at filing
  • Court jurisdiction (Circuit Court or General District Court)
  • Scheduled arraignment date
  • Court location
  • Judge assignment if available in the case record

Prior Arrest History (may be included):

  • Previous arrests processed through Scott County
  • Historical booking numbers
  • Prior charges as reflected in local records
  • Prior history is not always included in a current arrest record and may require a separate records request

What's Typically NOT in Public Arrest Records:

  • Detailed narrative of the arrest from the police report
  • Witness statements
  • Victim identifying information
  • Evidence collected at the scene
  • Investigative techniques or surveillance methods
  • Medical information obtained during booking
  • Mental health screening results
  • Substance abuse information
  • Full residential address or personal phone number
  • Social Security number (redacted under Virginia law)
  • Financial account information

Difference Between Arrest Records and Related Documents:

  • Police reports: Contain detailed incident narratives, witness accounts, and officer observations not included in booking records
  • Court records: Document legal proceedings that occur after the arrest, including hearings, motions, and dispositions
  • Criminal records: Reflect convictions and sentences rather than the arrest itself
  • Background checks: Compile information from multiple sources including court records, state repositories, and federal databases

How Much Does It Cost to Get Arrest Records in Scott County?

Members of the public may inspect arrest records and court case files at no charge during regular business hours. Fees apply when copies are requested. The following fee structure reflects current charges at Scott County offices:

Record TypeFee
Standard paper copies$0.50 per page
Certified court document copies$2.00 per document
Virginia State Police name-based criminal history$15.00 per request
Virginia State Police fingerprint-based criminal history$20.00 per request
Electronic records (where available)No additional fee

Under the Virginia Freedom of Information Act, agencies may charge for the actual cost of providing copies but may not charge for the time spent reviewing records to determine what is releasable. Search fees are not permitted under VFOIA unless the request requires an extraordinary search.

Accepted payment methods at the Scott County Clerk's office and Sheriff's Office include cash, check, and money order payable to the respective agency. Credit card acceptance varies by office.

Fee Waivers:

Indigent individuals may petition the court for a waiver of copy fees in connection with their own criminal case records. Media organizations and nonprofit research entities may request fee reductions by demonstrating that disclosure serves the public interest, though agencies retain discretion in granting such reductions.

What Is Available at No Cost:

  • In-person inspection of public arrest records and court case files
  • Online case information through the Virginia Judiciary case search at no charge
  • Jail roster information provided verbally by phone at no charge
  • Court hearing schedules posted publicly at the courthouse

How To Delete Arrest Records in Scott County

Virginia law provides two primary mechanisms for removing arrest records from public access: expungement, which results in the physical sealing or destruction of records, and sealing, which restricts public access while preserving the record for law enforcement use. Under Virginia Code § 19.2-392.2, individuals may petition the Circuit Court for expungement of arrest records in specific circumstances.

Circumstances Under Which Expungement May Be Granted:

  • The charge was dismissed or nolle prossed (prosecutor declined to proceed)
  • The individual was acquitted (found not guilty) at trial
  • The individual was arrested but no charges were filed
  • The conviction was the result of identity fraud (another person used the petitioner's identity)
  • Certain deferred disposition programs resulted in dismissal

Virginia expanded expungement eligibility significantly through legislation effective July 1, 2021, which also introduced a process for sealing certain misdemeanor and felony convictions after a waiting period and upon meeting eligibility criteria.

Steps to Petition for Expungement:

  1. Obtain a copy of the arrest record and associated court case from the Clerk of Circuit Court
  2. Complete the Petition for Expungement form (available from the Virginia Judiciary)
  3. File the petition in the Scott County Circuit Court along with the required filing fee (currently $86.00 for most petitions)
  4. Serve a copy of the petition on the Commonwealth's Attorney
  5. Attend the scheduled hearing; the court will determine whether expungement is warranted
  6. If granted, the court issues an order directing all agencies holding the record to seal or destroy it

Scott County Circuit Court Clerk
104 E. Jackson St., Suite 2
Gate City, VA 24251
Phone: (276) 386-3801
Virginia's Judicial System

Scott County Commonwealth's Attorney
104 E. Jackson St.
Gate City, VA 24251
Phone: (276) 386-3801

Virginia Legal Aid Society provides free or low-cost assistance with expungement petitions for eligible individuals:

Legal Aid Society of Roanoke Valley (Southwest Virginia)
Phone: (540) 344-2088
Virginia Legal Aid

Following a court order, the Virginia State Police updates the Central Criminal Records Exchange, and local agencies are directed to seal or destroy their copies. Third-party commercial databases are not bound by expungement orders and may retain records independently; individuals may need to contact those companies separately to request removal.

What Happens After Arrest in Scott County?

Immediate Post-Arrest Process:

1. Transport to Jail

Individuals arrested in Scott County are transported to the Southwest Virginia Regional Jail, which serves Scott County and several surrounding jurisdictions.

Southwest Virginia Regional Jail
13380 Coeburn-Norton Rd.
Duffield, VA 24244
Phone: (276) 431-1300
Southwest Virginia Regional Jail Authority

Transport time varies based on the location of the arrest within the county. The individual remains in restraints during transport and may be held briefly at the scene while the arresting officer completes initial documentation.

2. Booking Process

Upon arrival at the jail, the booking process is initiated. The process typically takes one to four hours depending on facility volume. Steps include:

  • Recording of personal identification information
  • Advisement of Miranda rights if not previously given
  • Booking photograph (mugshot) taken
  • Fingerprints collected and submitted to the CCRE
  • Criminal history and outstanding warrants check
  • Personal property inventoried and secured
  • Issuance of jail clothing
  • Medical screening
  • Brief mental health screening
  • Housing classification based on charges and history

3. First Appearance/Initial Hearing

Under Virginia law, an arrested individual must be brought before a magistrate or judge without unnecessary delay, and within 24 hours for most offenses. The initial appearance serves to:

  • Formally notify the individual of the charges
  • Determine bond or bail
  • Advise the individual of the right to counsel
  • Appoint a public defender if the individual is indigent and faces potential incarceration

Initial appearances may be conducted via video conference from the jail facility.

Bond/Bail Process:

Types of Bond:

Cash Bond:

  • The full bond amount must be paid in cash or certified funds
  • Refunded at the conclusion of the case, minus any court-ordered fees
  • Amount set by the magistrate or judge based on a bond schedule and individual circumstances

Surety Bond:

  • A licensed bail bondsman posts the full amount on behalf of the defendant
  • The defendant pays a non-refundable premium, typically 10% of the bond amount
  • The bondsman assumes financial responsibility for the defendant's appearance

Personal Recognizance (PR Bond):

  • The individual is released on a written promise to appear
  • No monetary payment required
  • Granted based on community ties, employment, criminal history, nature of charges, and assessed flight risk

No Bond:

  • The individual is held without the possibility of bail
  • Applicable in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or outstanding out-of-state warrants

Conditions of Release:

Conditions imposed at release may include regular check-ins with pretrial services, travel restrictions, no-contact orders, drug and alcohol testing, GPS monitoring, and pretrial supervision.

4. Release or Continued Detention

If Bond Is Posted:

  • Processing and release typically takes one to eight hours after payment is received
  • Personal property is returned
  • The individual receives a written notice of the court date
  • Written conditions of release are provided
  • Failure to appear results in bond forfeiture and issuance of an arrest warrant

If Bond Is Not Posted:

  • The individual remains in custody at the Southwest Virginia Regional Jail
  • Housing assignment is made based on classification
  • Inmate orientation covers commissary, phone privileges, and visitation schedules

Accessing Legal Representation:

Public Defender:

Eligibility for a court-appointed attorney is based on financial need. The application is completed at the initial appearance or shortly thereafter.

Office of the Public Defender — 30th Judicial Circuit
Phone: (276) 523-4244
Virginia Indigent Defense Commission

Private Attorney:

Individuals have the right to retain private counsel at any stage of the proceedings. The Virginia State Bar provides a lawyer referral service for individuals seeking private representation. Attorney-client consultations at the jail are confidential.

Charging Decision:

Prosecutor's Review:

The Scott County Commonwealth's Attorney reviews the arrest and determines whether to proceed with formal charges. This review occurs within days to weeks of the arrest. The Commonwealth's Attorney may file formal charges by information, request additional investigation, decline to prosecute, or file different or additional charges based on the evidence.

Grand Jury:

For Class 1 and Class 2 felonies in Virginia, a grand jury may be convened to determine whether probable cause exists to indict. The grand jury process does not include defense participation and results in an indictment if the grand jury finds sufficient cause.

Arraignment:

At arraignment, the defendant is formally advised of the charges and enters a plea. Most defendants enter a not guilty plea at arraignment, and the court sets subsequent hearing dates. Arraignment in Circuit Court occurs within a reasonable time following indictment or information.

Court Process Overview:

Pretrial Phase:

Discovery involves the exchange of evidence between the prosecution and defense, including police reports, witness statements, physical evidence, and audio and video recordings.

Pretrial motions may include motions to suppress evidence, motions to dismiss, and motions for additional discovery. Hearings are scheduled by the court.

Pretrial conferences allow attorneys and the judge to discuss case status, plea negotiations, and trial readiness.

Plea negotiations may result in an offer from the Commonwealth's Attorney for reduced charges or a recommended sentence. The defendant retains the right to accept or proceed to trial.

Case Resolution Options:

Dismissal occurs when charges are dropped due to insufficient evidence, witness unavailability, or legal defects. A dismissal may make the arrest eligible for expungement.

Diversion programs available in Virginia include pretrial intervention, drug court, mental health court, and veterans court. Successful completion results in dismissal of charges.

Plea agreement involves the defendant entering a guilty or no contest plea in exchange for an agreed-upon sentence or sentencing recommendation, waiving the right to trial.

Trial may be by jury or by the judge (bench trial). The prosecution presents its case, followed by the defense. A verdict of guilty results in a sentencing hearing; a verdict of not guilty results in immediate release.

Sentencing (If Convicted):

The judge imposes sentence, which may include incarceration, probation, fines, restitution, community service, treatment programs, or a combination. Credit is given for time served in pretrial detention. The defendant is advised of appeal rights at sentencing.

Timeline Overview:

  • Arrest to first appearance: Within 24 hours
  • First appearance to arraignment: Days to several weeks
  • Arraignment to trial or resolution: Several months, varying by complexity
  • Misdemeanors: Resolved within weeks to a few months in General District Court
  • Felonies: Resolved within several months to over a year in Circuit Court
  • Virginia's speedy trial statute requires trial within five months for misdemeanors and nine months for felonies under Virginia Code § 19.2-243

Rights Throughout the Process:

  • Right to remain silent
  • Right to an attorney
  • Right to a speedy trial
  • Right to confront witnesses
  • Right to present a defense
  • Right against self-incrimination
  • Right to appeal a conviction

Important Contacts:

Southwest Virginia Regional Jail
13380 Coeburn-Norton Rd.
Duffield, VA 24244
Phone: (276) 431-1300
Inmate information: (276) 431-1300
Southwest Virginia Regional Jail Authority

Scott County Circuit Court Clerk
104 E. Jackson St., Suite 2
Gate City, VA 24251
Phone: (276) 386-3801
Virginia's Judicial System

Scott County Commonwealth's Attorney
104 E. Jackson St.
Gate City, VA 24251
Phone: (276) 386-3801

Office of the Public Defender — 30th Judicial Circuit
Phone: (276) 523-4244
Virginia Indigent Defense Commission

Scott County Sheriff's Office
190 Beech St.
Gate City, VA 24251
Phone: (276) 386-7641
Scott County Sheriff's Office

What to Do If You Are Arrested:

  1. Remain calm and cooperative with law enforcement
  2. Do not physically resist arrest
  3. Politely invoke the right to remain silent
  4. Request an attorney immediately and do not answer questions until counsel is present
  5. Do not discuss the case with other inmates, family, or friends
  6. Contact family or friends to assist with bail if applicable
  7. Attend all scheduled court dates without exception
  8. Comply with all conditions of release

How Long Are Arrest Records Kept in Scott County?

Records Retention Overview:

Retention of arrest records in Scott County is governed by the Library of Virginia's Records Retention and Disposition Schedule for local government agencies, as well as applicable state statutes. Agencies are required to maintain records for minimum periods and may not destroy records before those periods expire.

Arrest Records Retention by Type:

Active Arrest Records (Conviction Resulted):

Felony Convictions:

  • Retained permanently by the Sheriff's Office, Clerk of Circuit Court, and the Virginia State Police CCRE
  • Maintained indefinitely in the FBI's Interstate Identification Index (III) and National Crime Information Center (NCIC)

Misdemeanor Convictions:

  • Retained permanently by the Clerk of Court for court records
  • Local law enforcement records retained for a minimum of five years; many agencies retain indefinitely in digital systems
  • State repository retains permanently

Arrest Records (No Conviction):

Dismissed Charges:

  • Local law enforcement: Minimum five years under state retention schedules
  • Court records: Retained permanently in electronic systems
  • State repository: Retained unless expunged by court order
  • Records may remain accessible unless the subject obtains an expungement

Acquittals (Not Guilty):

  • Local law enforcement: Minimum five years
  • Court records: Retained permanently
  • State repository: Retained unless expunged
  • Individuals acquitted are eligible to petition for expungement

Charges Not Filed:

  • Booking records: Minimum three to five years
  • Local arrest logs: Minimum five years
  • Individuals whose charges were not filed are eligible for expungement

No-Information (Prosecutor Declined):

  • Law enforcement records: Minimum five years
  • Eligible for expungement upon petition to the Circuit Court

Digital vs. Physical Records:

Physical Records:

  • Booking paperwork: Retained per state schedule (minimum five years)
  • Fingerprint cards: Retained permanently or transferred to state repository
  • Photographs: Retained per agency policy; often maintained in digital systems indefinitely

Digital Records:

  • Computer-aided dispatch (CAD) records: Minimum three years
  • Records management systems: Often retained permanently
  • Mugshot databases: Retention varies by agency; digital records are often maintained indefinitely
  • Court electronic records: Retained permanently in the Virginia Judiciary's case management system

Third-Party Databases:

  • Commercial background check companies may retain arrest records indefinitely
  • These databases are not controlled by law enforcement and are not subject to expungement orders
  • The FCRA requires that consumer reporting agencies maintain accurate and current information, but enforcement is the responsibility of the Federal Trade Commission

Retention by Agency:

Scott County Sheriff's Office:

  • Booking records: Minimum five years
  • Arrest reports: Minimum five years
  • Investigative files: Minimum five years; longer for serious offenses
  • Contact: (276) 386-7641

Gate City Police Department:

  • Arrest records: Minimum five years
  • Incident reports: Minimum five years
  • Contact: (276) 386-6011

Scott County Circuit Court Clerk:

  • Felony case files: Permanent retention
  • Misdemeanor case files: Minimum ten years in electronic systems
  • Traffic cases: Minimum five years
  • Electronic records: Permanent

Virginia State Police — CCRE:

  • Maintains criminal history records for all arrests reported statewide
  • Retention is permanent for convictions; records without conviction are retained unless expunged
  • Virginia State Police Criminal Records

FBI Database:

  • The NCIC and III maintain records accessible to law enforcement nationwide
  • Federal retention is permanent for most records
  • Expungement orders from Virginia courts are forwarded to the FBI, which updates its records with a notation; the underlying record may be retained for law enforcement purposes

Effect of Disposition on Retention:

Conviction: Records are retained permanently in all major databases and appear on background checks indefinitely.

Dismissal: Records remain in databases unless expunged; dismissed charges are not reported as convictions on background checks but may appear as arrest records.

Expungement: Local records are sealed or destroyed; the state repository updates its records; the FBI database is updated with a notation. Removal from third-party commercial databases requires separate action by the individual.

No Charges Filed: Shortest retention period applies; records may be purged after the minimum retention period expires and are eligible for expungement.

Accessing Historical Arrest Records:

Recent Arrests (Last Five Years):

Older Arrests (Five to Twenty Years Ago):

  • May require an in-person request at the Sheriff's Office or Clerk's office
  • Possible retrieval fee for archived records
  • Processing time may be longer for older records

Very Old Arrests (More Than Twenty Years Ago):

  • Records may not be digitized
  • Paper records may be held in archives
  • Some records may have been destroyed per the retention schedule
  • Contact the Sheriff's Records Division at (276) 386-7641 for availability

Destruction of Records:

Authorized destruction of records occurs after the applicable retention period expires, following a court order for expungement, or pursuant to the Library of Virginia's approved retention schedule. Documentation of destruction is maintained by the agency. Records subject to permanent retention — including felony convictions, serious violent offenses, sex offenses, and cases with pending appeals — may not be destroyed.

Impact on Background Checks:

Under the FCRA, most employment background checks cover a seven-year period for non-conviction records. Convictions may be reported indefinitely. Virginia does not currently impose a statewide limit on reporting conviction records. Arrests without conviction may not be used as the basis for adverse employment decisions in certain regulated industries. Individuals subject to adverse action based on a background check have the right to dispute inaccurate information with the consumer reporting agency.

How to Check Retention Status:

Members of the public may contact the Scott County Sheriff's Records Division at (276) 386-7641 to inquire about the retention status of a specific arrest record. A written public records request submitted under the Virginia Freedom of Information Act may be required for formal confirmation. Fees may apply for copies of responsive records.