§ 19.2-396. Conduct of inspection, testing or collection of samples for testing; special procedure for dwelling
An inspection, testing or collection of samples for testing pursuant to such warrant may not be made in the absence of the owner, custodian or possessor of the particular place, things or persons unless specifically authorized by the issuing judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the […]
§ 19.2-397. Refusal to permit authorized inspection; penalty
Any person who willfully refuses to permit an inspection, testing or collection of samples for testing lawfully authorized by warrant issued pursuant to this chapter shall be guilty of a Class 3 misdemeanor. 1976, c. 625; 1979, c. 122.
§ 19.2-398. When appeal by the Commonwealth allowed
A. In a felony case a pretrial appeal from a circuit court may be taken by the Commonwealth from: 1. An order of a circuit court dismissing a warrant, information or indictment, or any count or charge thereof on the ground that (i) the defendant was deprived of a speedy trial in violation of the […]
§ 19.2-392.15. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Prohibited practices by employers, educational institutions, agencies, etc., of state and local governments; penalty
A. Except as provided in subsection B, agencies, officials, and employees of state and local governments, private employers that are not subject to federal laws or regulations in the hiring process, and educational institutions shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, […]
§ 19.2-392.16. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Dissemination of criminal history records and traffic history records by business screening services
A. For the purposes of this section: “Business screening service” means a person engaged in the business of collecting, assembling, evaluating, or disseminating Virginia criminal history records or traffic history records on individuals. “Business screening service” does not include any government entity or the news media. “Criminal history record” means any information collected by a […]
§ 19.2-392.17. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Traffic infractions deemed sealed
A. Any record of a traffic infraction under Title 46.2 that is not punishable as a criminal offense shall be deemed to be sealed after 11 years from the date of final disposition of the offense, unless such sealing is prohibited under federal or state law. No record of any such traffic infraction shall be […]
§ 19.2-393. Definitions
An “inspection warrant” is an order in writing, made in the name of the Commonwealth, signed by any judge of the circuit court whose territorial jurisdiction encompasses the property or premises to be inspected or entered, and directed to a state or local official, commanding him to enter and to conduct any inspection, testing or […]
§ 19.2-394. Issuance of warrant
An inspection warrant may be issued for any inspection, testing or collection of samples for testing or for any administrative search authorized by state or local law or regulation in connection with the presence, manufacturing or emitting of toxic substances, whether or not such warrant be constitutionally required. Nothing in this chapter shall be construed […]
§ 19.2-395. Duration of warrant
An inspection warrant shall be effective for the time specified therein, for a period of not more than ten days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such warrant shall be executed and returned […]
§ 19.2-392.9. (For contingent effective date see Acts 2021, Sp. Sess. I, cc. 524 and 542) Automatic sealing for mistaken identity or unauthorized use of identifying information
A. If (i) a person is charged or arrested as a result of mistaken identity or (ii) a person’s name or other identification is used without his consent or authorization by another person who is charged or arrested using such name or identification, and a nolle prosequi is entered or the charge is otherwise dismissed, […]