SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
16105390DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-40.3 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-40.3. Unauthorized dissemination, etc., of criminal history record information; civil action.
A. Any person or entity who is regularly engaged in the business of disseminating or publishing, for a fee, criminal history record information and who knowingly disseminates or publishes such information relating to information that has been expunged or who disseminates or publishes such information 60 days or more after having received notice of the issuance of a court order to expunge such information shall be liable to the subject of the criminal history record information for actual damages. No person shall be liable under this subsection if the dissemination or publication of such information was not prohibited at the time of the dissemination or publication or if the dissemination is otherwise required by law.
B. 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.
B. C. Nothing in this section shall be construed
to impose liability on:
1. An an interactive computer service, as
defined in 47 U.S.C. § 230(f), for content provided by another person, nor
shall it be deemed to prohibit an individual from bringing an action on the
individual's own behalf under the federal Fair Credit Reporting Act (15 U.S.C.
§ 1681 et seq.).
2. Any speech protected by Article I, Section 12 of the
Constitution of Virginia.
C. D. As used in this section, "criminal
history record information" means the same as that term is defined in §
9.1-101.