Virginia Code 8.01-40.3: Unauthorized dissemination, etc., of criminal history record information; civil action.
A. Any person who disseminates, publishes, or maintains or causes to be disseminated, published, or maintained the criminal history record information as defined in § 9.1-101 of an individual pertaining to that individual’s charge or arrest for a criminal offense and solicits, requests, or accepts money or other thing of value for removing such criminal history record information shall be liable to the individual who is the subject of the information for actual damages or $500, whichever is greater, in addition to reasonable attorney fees and costs.
Terms Used In Virginia Code 8.01-40.3
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: shall include individuals, a trust, an estate, a partnership, an association, an order, a corporation, or any other legal or commercial entity;
6. See Virginia Code 8.01-2
B. Nothing in this section shall be construed to impose liability on:
1. An interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.
2. Any speech protected by Article I, § 12 of the Constitution of Virginia.
C. As used in this section, “criminal history record information” means the same as that term is defined in § 9.1-101.