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II. DEFINITIONS
A. Freedom of Information Act (FOIA): FOIA guidelines are covered under Chapter 37, Title 2.2
of the Code of Virginia. The Freedom of Information Act addresses the release of public
records and criminal history information to the public and others.
B. Public Records: This applies to all written or printed books, papers, letters, documents, maps
and tapes, photographs, films, electronic communications and recordings, reports, or other
material, regardless of the physical form or characteristics, that are prepared, owned, or in the
possession of the city or any employee or officer of the city in the transaction of public business
(§2.2-3701 of the Code of Virginia).
1. To be a public record, the record must be used in the transaction of public business and
must be:
a. prepared by the City; or,
b. owned by, but not necessarily in the physical possession of, the City; or,
c. in the physical possession of the City, it’s officers, employees or agents.
2. A public record which meets any of the above criteria may be in any physical format,
regardless of its characteristics.
C. Criminal History Record Information: This is defined as records or data collected by criminal
justice agencies on adult individuals consisting of identifiable descriptions and notations of
arrests, detention, indictments, information, or other formal charges, and any disposition
arising therefrom are considered criminal history record information. This term shall not
include juvenile record information which is controlled by §19.2-389.1 of the Code of Virginia.
D. Criminal Justice Agency: Any agency of a court or any other governmental entity, or sub-unit
thereof, which, as its principal function, performs the administration of criminal justice, and
any other agency or sub-unit thereof which performs criminal justice activities.
III. PROCEDURE
A. Guidelines for the release of information from the Records Unit:
1. The Records Unit personnel are responsible for the maintenance of and release of
information on the following: [82.1.1(c); 82.2.1(b); 82.3.5]
a. Criminal History Record Information: Criminal history record information is only
disseminated according to the Freedom of Information Act, §19.2-389 and §19.2-
389.1 of the Code of Virginia. Those entitled to criminal history record information
are the individual, the individual’s attorney (notarized release required), any law
enforcement agency, and any government agency under presidential order.
Criminal history record information of Class 3 and Class 4 misdemeanors
committed within the City of Newport News shall be disseminated by the Records
Unit only after the requester has completed a Record Information Requisition
(NNPD Form #164) and presented two forms of identification.
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