Fauquier County Arrest Records
Are Arrest Records Public in Fauquier County
Arrest records in Fauquier County are considered public information under the Virginia Freedom of Information Act (VFOIA), specifically pursuant to § 2.2-3706 of the Code of Virginia. This statute establishes that law enforcement records, including arrest records, are generally accessible to the public with certain exceptions. The Virginia FOIA operates under the presumption that all government records are open to public inspection unless a specific exemption applies.
It is important for requesters to understand the distinction between arrest records and conviction records. An arrest record documents that an individual was taken into custody by law enforcement based on probable cause that they committed a crime. A conviction record, by contrast, indicates that the individual was found guilty of the offense in a court of law. Under Virginia law, both types of records are generally public, though arrest records that did not lead to conviction may be eligible for expungement under certain circumstances as outlined in § 19.2-392.2 of the Code of Virginia.
The Virginia State Police maintains the Central Criminal Records Exchange (CCRE), which serves as the central repository for criminal history information in the Commonwealth. While certain exemptions exist for ongoing investigations, juvenile records, and records that would compromise public safety if released, the majority of adult arrest records in Fauquier County remain accessible to the public.
What's in Fauquier County Arrest Records
Fauquier County arrest records typically contain comprehensive information about individuals who have been taken into custody by law enforcement agencies within the county. These records are standardized in accordance with Virginia state requirements and generally include the following categories of information:
Arrestee Identifying Information:
- Full legal name (first, middle, last)
- Date of birth
- Gender
- Race/ethnicity
- Height and weight
- Hair and eye color
- Home address
- Identifying marks such as tattoos or scars
- Fingerprints
- Photograph (mugshot)
Arrest Details:
- Date and time of arrest
- Location of arrest
- Arresting agency (e.g., Fauquier County Sheriff's Office, Virginia State Police)
- Name and badge number of arresting officer(s)
- Circumstances leading to arrest
Charge Information:
- Criminal charges filed
- Charge classification (misdemeanor or felony)
- Virginia Code section(s) violated
- Charge description
- Multiple charges if applicable
Warrant Information (if applicable):
- Warrant number
- Date warrant was issued
- Issuing authority
- Type of warrant (arrest, bench, search)
Booking Information:
- Booking date and time
- Booking number
- Processing officer information
- Detention facility
Bond/Bail Information:
- Bond amount
- Bond type (cash, surety, personal recognizance)
- Bond status (posted or not)
- Conditions of release if applicable
Court Information:
- Court case number
- Court of jurisdiction
- Scheduled court appearance date
- Judge assigned to case
Custody Status:
- Current detention status
- Expected release date if applicable
- Facility where individual is being held
Additional Information May Include:
- Prior arrest history
- Probation or parole status
- Vehicle information if relevant to arrest
- Property seized during arrest
- Victim information (often redacted in public records)
- Witness information (often redacted in public records)
The specific content of arrest records may vary depending on the circumstances of the arrest and the policies of the arresting agency. Certain sensitive information may be redacted from public versions of these records in accordance with exemptions provided under the Virginia Freedom of Information Act.
How To Look Up Arrest Records in Fauquier County in 2026
Members of the public seeking arrest records in Fauquier County may utilize several official channels to obtain this information. The following procedures are currently in effect for requesting and accessing arrest records:
- Contact the Fauquier County Sheriff's Office directly to request arrest records. Requests may be submitted in person, by mail, or via email.
Fauquier County Sheriff's Office
78 West Lee Street
Warrenton, VA 20186
540-422-8600
Fauquier County Sheriff's Office
-
Submit a FOIA request specifically citing the arrest records needed. Pursuant to § 2.2-3704 of the Code of Virginia, agencies must respond to FOIA requests within five working days. Requests should include:
- Requestor's full name and contact information
- Specific description of records sought
- Name of arrestee (if known)
- Approximate date of arrest (if known)
- Preferred format for receiving records
-
Visit the Fauquier County Circuit Court Clerk's Office to access court records related to arrests. Court records often contain information about arrests that led to criminal cases.
Fauquier County Circuit Court Clerk's Office
29 Ashby Street
Warrenton, VA 20186
540-422-8100
Fauquier County Circuit Court
- Request criminal history information from the Virginia State Police through their Criminal History Record Check process. This requires submission of a form SP-167 and payment of the applicable fee.
Virginia State Police
Criminal Records Division
P.O. Box 27472
Richmond, VA 23261
804-674-2000
Virginia State Police Criminal History Records
- Submit a notarized authorization form if requesting records on behalf of another individual. Virginia law requires written consent from the subject of the records unless the records are being requested by an attorney representing the individual.
Requestors should be prepared to pay reasonable fees associated with the search, retrieval, and copying of records as permitted under § 2.2-3704(F) of the Code of Virginia. Fees typically include copying costs (generally $0.25 per page) and staff time for extensive searches.
How To Find Fauquier County Arrest Records Online
Fauquier County provides several digital resources for accessing arrest records online. These electronic systems offer convenient alternatives to in-person requests. The following online methods are currently available:
-
Fauquier County Sheriff's Office Website maintains a current inmate lookup tool that provides information on individuals currently detained at the Fauquier County Adult Detention Center. This database is updated regularly and includes:
- Inmate name
- Booking date
- Charges
- Bond information
- Court dates
-
Virginia Judiciary Case Information System (Virginia Courts Case Information) allows users to search for criminal cases in Fauquier County. While not specifically an arrest records database, this system provides information on criminal cases that resulted from arrests, including:
- Case status
- Hearing dates
- Charge information
- Case outcomes
- To search, select "Fauquier County" from the jurisdiction dropdown menu
-
Virginia State Police Sex Offender Registry provides information on registered sex offenders, including those arrested in Fauquier County. This database is searchable by location and name at the Virginia Sex Offender Registry.
-
Virginia Department of Corrections Inmate Locator allows searches for individuals currently incarcerated in state facilities, including those who were arrested in Fauquier County and subsequently convicted and sentenced to state prison.
-
Online FOIA Request Portal for Fauquier County enables electronic submission of public records requests, including requests for arrest records. The portal can be accessed through the Fauquier County Government website.
When using online systems, users should note that:
- Some information may be redacted in accordance with privacy laws
- Recent arrests may not appear immediately in online databases
- Complete arrest records may still require a formal request
- Online systems may not include historical records that have not been digitized
For comprehensive arrest record searches, particularly for older records or detailed information not available online, users may need to supplement online searches with formal requests through the methods outlined in the previous section.
How To Search Fauquier County Arrest Records for Free?
Fauquier County residents and other interested parties can access certain arrest records without incurring fees through several free public resources. The following methods provide no-cost options for obtaining arrest record information:
-
Fauquier County Sheriff's Office Public Information is available through their website at no charge. The Sheriff's Office maintains a daily activity report that includes recent arrests and incidents. This information is typically updated each business day and provides basic details about recent law enforcement activities.
-
Public Access Terminals are available at the Fauquier County Circuit Court Clerk's Office. These terminals allow visitors to search court records related to arrests at no cost during regular business hours:
- Monday through Friday, 8:00 AM to 4:30 PM
- No appointment necessary
- Photo ID required for building entry
-
Virginia Judiciary Online Case Information System provides free access to court records that often contain arrest information. The system can be accessed at Virginia Judicial System and does not require registration or payment for basic searches.
-
Local Library Resources at the Fauquier County Public Library offer free internet access where users can search public databases. Library staff can often assist with navigating public records websites:
Fauquier County Public Library
11 Winchester Street
Warrenton, VA 20186
540-422-8500
Fauquier County Public Library
-
Fauquier County Government Website provides access to meeting minutes from the Board of Supervisors and other public bodies, which occasionally contain information about significant arrests or law enforcement activities.
-
Virginia FOIA Requests for certain types of records may be provided at no cost if the request is simple and requires minimal staff time. According to § 2.2-3704(F) of the Code of Virginia, agencies may waive fees if doing so is in the public interest.
When utilizing free resources, requesters should be aware of these limitations:
- Free resources typically provide less detailed information than official record requests
- Historical records may not be available through free online systems
- Some free resources are updated less frequently than paid services
- Complex or extensive searches will likely still require payment of fees
For the most comprehensive arrest record information, particularly for cases that are not recent or high-profile, users may need to utilize the fee-based services described in previous sections.
How To Delete Arrest Records in Fauquier County
The Commonwealth of Virginia provides legal mechanisms for the removal or restriction of arrest records under specific circumstances. These processes are governed primarily by § 19.2-392.2 of the Code of Virginia, which establishes procedures for expungement and sealing of criminal records. It is important to understand the distinction between these two remedies:
Expungement refers to the legal process of completely removing arrest records from public view and official databases. When a record is expunged, it is as if the arrest never occurred from a legal standpoint.
Sealing restricts public access to records while maintaining them for certain official purposes. Sealed records remain accessible to law enforcement and certain government agencies but are not visible to the general public.
In Fauquier County, arrest records may be eligible for expungement under the following circumstances:
- Acquittal - If the individual was tried and found not guilty of the offense.
- Nolle Prosequi - If the prosecutor formally abandoned the charges.
- Dismissal - If the court dismissed the charges.
- Absolute Pardon - If the Governor granted an absolute pardon for a crime the individual did not commit.
- Identity Theft - If the arrest was the result of identity theft and someone else used the individual's name.
- Mistaken Identity - If the individual was arrested due to mistaken identity.
The process for seeking expungement in Fauquier County involves these steps:
- File a petition for expungement with the Fauquier County Circuit Court.
- Pay the required filing fee (currently $88).
- Submit fingerprints to the law enforcement agency.
- Attend a hearing if required by the court.
- If granted, the court will issue an order to all agencies holding records to expunge them.
Recent changes to Virginia law through the Virginia Clean Slate Act have expanded eligibility for automatic sealing of certain records. Under this legislation, which is being implemented in phases, certain misdemeanor arrests and convictions may be automatically sealed after specified waiting periods without requiring a petition.
Individuals seeking to delete or seal arrest records should be aware that:
- Expungement is not available for convictions in most cases
- The process can take several months to complete
- Legal assistance is strongly recommended
- Some sealed or expunged records may still be visible to certain government agencies
- Expunged records may still appear in private databases that obtained the information before expungement
For assistance with expungement or sealing of arrest records, individuals may contact:
Fauquier County Circuit Court Clerk's Office
29 Ashby Street
Warrenton, VA 20186
540-422-8100
Fauquier County Circuit Court
What Happens After Arrest in Fauquier County?
Following an arrest in Fauquier County, individuals enter a structured criminal justice process governed by Virginia state law and local procedures. This process typically follows these sequential steps:
-
Booking and Processing occurs immediately after physical arrest. At the Fauquier County Adult Detention Center, arrestees undergo:
- Photographing and fingerprinting
- Personal property inventory
- Medical screening
- Background check
- Entry of arrest information into law enforcement databases
-
Initial Appearance before a magistrate takes place within 24 hours of arrest. During this proceeding:
- Charges are formally presented
- Probable cause for the arrest is reviewed
- The arrestee is informed of their constitutional rights
- Bail or bond decisions are made
- A preliminary court date is set
-
Bail Determination is made based on factors including:
- Severity of the alleged offense
- Prior criminal history
- Ties to the community
- Flight risk assessment
- Public safety considerations
- If bail is granted, the individual may be released pending trial after posting the required amount
-
Arraignment is the formal court proceeding where:
- Charges are read in open court
- The defendant enters a plea (guilty, not guilty, or no contest)
- Legal representation is established
- Future court dates are scheduled
-
Preliminary Hearing for felony cases determines if sufficient evidence exists to proceed. This hearing:
- Must occur within 10 days if the defendant is in custody or 30 days if released on bail
- May result in charges being reduced, dismissed, or certified to the grand jury
- Is not required for misdemeanor cases, which proceed directly to trial
-
Grand Jury Review for felony cases determines if there is probable cause to issue an indictment. The Fauquier County Grand Jury:
- Meets monthly
- Reviews evidence presented by the Commonwealth's Attorney
- Issues indictments for cases with sufficient evidence
- Conducts proceedings in secret
-
Pre-Trial Proceedings may include:
- Discovery exchanges between prosecution and defense
- Motion hearings
- Plea negotiations
- Trial preparation
-
Trial may be conducted before a judge (bench trial) or jury, depending on the defendant's choice and the nature of the charges. During trial:
- The prosecution presents its case
- The defense may present evidence and witnesses
- A verdict is rendered
-
Sentencing follows a guilty verdict or plea and may include:
- Incarceration in jail or prison
- Probation
- Fines and court costs
- Community service
- Restitution to victims
- Treatment programs
-
Post-Conviction Remedies may include:
- Appeals to higher courts
- Motions to reconsider sentence
- Parole consideration (for eligible offenses)
- Expungement or record sealing (in limited circumstances)
Throughout this process, individuals have constitutional rights including the right to counsel, the right to remain silent, the right to a speedy trial, and protection against unreasonable searches and seizures as guaranteed by the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution.
How Long Are Arrest Records Kept in Fauquier County?
Arrest records in Fauquier County are maintained according to retention schedules established by the Library of Virginia, which serves as the Commonwealth's records management authority. These retention requirements are mandated under § 42.1-85 of the Code of Virginia, which establishes the legal framework for public records preservation.
The retention periods for arrest records vary based on several factors:
-
Adult Arrest Records are typically retained for 75 years from the date of arrest. This includes:
- Arrest reports
- Booking information
- Fingerprint cards
- Photographs
- Related documentation
-
Juvenile Arrest Records are subject to different retention requirements and greater confidentiality protections. Generally, these records are maintained until:
- The individual reaches 19 years of age for minor offenses
- The individual reaches 29 years of age for serious offenses
- 75 years from date of arrest for the most serious felonies
-
Investigative Records related to arrests are typically retained for:
- 30 years for solved felony cases
- 75 years for unsolved felony cases
- 10 years for misdemeanor cases
- Permanently for homicide cases
-
Electronic Records Systems maintained by the Fauquier County Sheriff's Office and other law enforcement agencies follow the same retention requirements as paper records, though the format differs.
Different agencies within Fauquier County maintain separate record systems with varying retention requirements:
- The Fauquier County Sheriff's Office maintains arrest records as part of its law enforcement function
- The Fauquier County Adult Detention Center keeps booking and incarceration records
- The Fauquier County Circuit Court preserves records of criminal proceedings
- The Virginia State Police maintains the Central Criminal Records Exchange with statewide arrest data
The lengthy retention periods for arrest records serve several important public purposes:
- Preservation of evidence that may be needed for future legal proceedings
- Support for ongoing criminal investigations
- Documentation for background checks required by law
- Maintenance of statistical data for crime analysis
- Accountability and transparency in law enforcement operations
Individuals seeking information about specific record retention policies may consult the Library of Virginia's Records Retention Schedules for law enforcement agencies, which provides detailed guidance on the maintenance and eventual disposition of all types of criminal justice records.
How to Find Mugshots in Fauquier County
Mugshots, the photographs taken during the booking process following an arrest, are considered part of the official arrest record in Fauquier County. These images serve as visual identification of arrested individuals and are maintained by law enforcement agencies according to established protocols.
What Mugshots Are
Mugshots typically consist of two images—a front-facing (portrait) photograph and a profile (side) view—taken against a standardized background with measurement markings. These photographs document the appearance of the individual at the time of arrest and become part of the booking record along with fingerprints and biographical information.
Where Mugshots Are Maintained
In Fauquier County, mugshots are primarily maintained by:
Fauquier County Sheriff's Office
78 West Lee Street
Warrenton, VA 20186
540-422-8600
Fauquier County Sheriff's Office
As the agency responsible for operating the county jail and processing arrestees, the Sheriff's Office maintains the official repository of booking photographs. These images are stored in both digital and physical formats as part of the comprehensive arrest record.
Finding Mugshots
To obtain mugshots in Fauquier County, individuals may:
-
Submit a formal FOIA request to the Fauquier County Sheriff's Office specifically requesting booking photographs. The request should include:
- The full name of the arrested individual
- Date of birth (if known)
- Approximate date of arrest
- Case number (if available)
-
Contact the Records Division of the Sheriff's Office directly by phone or in person during regular business hours:
- Monday through Friday, 8:00 AM to 4:30 PM
- Proper identification is required
- Fees may apply for reproduction of photographs
Can Mugshots Be Found Online
Unlike some jurisdictions, Fauquier County does not maintain a public-facing online database of mugshots. The county has adopted this policy to balance public information access with privacy concerns. Consequently, mugshots are not routinely published on the Sheriff's Office website or other county platforms.
Some third-party websites may publish mugshots obtained from public records, but these sites:
- May not have current or accurate information
- Often charge fees for removal of images
- Are not officially affiliated with Fauquier County
- May not remove images even after cases are dismissed or expunged
Obtaining Mugshots Officially
The most reliable method for obtaining official mugshots is through a formal records request. Requesters should be prepared to:
- Pay applicable fees for reproduction (typically $5-10 per photograph)
- Provide proper identification
- Complete required forms
- Allow processing time (generally 5-10 business days)
Restrictions on Mugshot Access
Access to mugshots may be restricted under certain circumstances, including:
- Cases involving juveniles
- Ongoing investigations where release could compromise public safety
- Instances where privacy interests outweigh public disclosure interests
- Cases that have been expunged or sealed by court order
Individuals seeking mugshots should be aware that while these images are generally considered public records under the Virginia Freedom of Information Act, their release is subject to exemptions and limitations established in § 2.2-3706 of the Code of Virginia.