{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/52-46.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/52-46.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/52-46.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/52-46.html"}],"law_id":367459,"edition_id":2,"section_id":367459,"structure_id":52375,"section_number":"52-46","catch_line":"Virginia Rap Back Service; criminal history record monitoring; maintenance; dissemination; penalty","history":"2004, c. 826; 2017, c. 524; 2023, cc. 40, 41; 2024, cc. 41, 117.","full_text":"A\n\nThe Department of State Police, through the Virginia Record of Arrest and Prosecution (Rap) Back Service, shall participate in the Federal Bureau of Investigation’s (FBI) Next Generation Identification (NGI) Rap Back Service. The purpose of the Virginia Rap Back Service shall be to allow governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual subject to such screening is the subject of a Rap Back notification event including being arrested for, or convicted of, a criminal offense. The Department is authorized to submit fingerprints and accompanying records to the FBI to be retained in the FBI’s NGI Rap Back Service. Fingerprints submitted to the FBI may be used for future searches, including latent searches.\n\nB\n\nAs used in this section:\n\t\t\t“Individual” means any person who has submitted to a fingerprint-based background check in order to (i) care for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c) be employed, or (d) perform volunteer service with a participating entity and who has been enrolled by that participating entity in the Virginia Rap Back Service.\n\n\t\t\t“Participating entity” means a governmental entity that requires a fingerprint-based background check as a condition of (i) caring for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service and that has elected to enroll individuals in the Virginia Rap Back Service.\n\nC\n\nThe Department of State Police shall ensure that notification is made forthwith to the participating entity that enrolls an individual in the Virginia Rap Back Service when an FBI Rap Back notification is received. The information contained in the notification shall be used by the participating entity for purposes of determining the eligibility of the continued service of the individual and shall not be further disseminated.\n\nD\n\nUse of the information submitted to the Virginia Rap Back Service for purposes not authorized by this section is prohibited, and a willful violation of this section with the intent to harass or intimidate another shall be punished as a Class 1 misdemeanor.\n\nE\n\nNo liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.\n\nF\n\nThe Department of State Police shall promulgate regulations governing the operation and maintenance of the Virginia Rap Back Service and the removal and destruction of records on individuals who are deceased or who are no longer individuals as defined in this section. Such regulations shall provide that a participating entity shall disenroll any individual who is deceased or is no longer an individual as defined in this section within five business days of death or such event that no longer requires such individual to be enrolled in the Virginia Rap Back Service, in order to ensure the prompt removal and destruction of records from the Virginia Rap Back Service.\n\nG\n\nThe Department of State Police may charge an annual fee not to exceed $12 per individual enrolled in the Virginia Rap Back Service. The fee shall be paid by any participating entity enrolling an individual in the Virginia Rap Back Service. When more than one participating entity enrolls the same individual in the Virginia Rap Back Service, both participating entities shall be responsible for paying the full cost for maintenance and notification. Any fees collected shall be deposited in a special account to be used to offset the costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information System.\n\nH\n\nThe Department of State Police shall make the Virginia Rap Back Service available no later than July 1, 2025, unless funds necessary to develop and operate the Virginia Rap Back Service are unavailable.\n\nI\n\nNo participating entity authorized to submit fingerprints shall be considered negligent per se in a civil action solely because the entity elected not to enroll an individual in the Virginia Rap Back Service pursuant to this section.\n\n","order_by":null,"text":{"0":{"id":1367980,"text":"The Department of State Police, through the Virginia Record of Arrest and Prosecution (Rap) Back Service, shall participate in the Federal Bureau of Investigation’s (FBI) Next Generation Identification (NGI) Rap Back Service. The purpose of the Virginia Rap Back Service shall be to allow governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual subject to such screening is the subject of a Rap Back notification event including being arrested for, or convicted of, a criminal offense. The Department is authorized to submit fingerprints and accompanying records to the FBI to be retained in the FBI’s NGI Rap Back Service. Fingerprints submitted to the FBI may be used for future searches, including latent searches.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1367981,"text":"As used in this section:\n\t\t\t“Individual” means any person who has submitted to a fingerprint-based background check in order to (i) care for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c) be employed, or (d) perform volunteer service with a participating entity and who has been enrolled by that participating entity in the Virginia Rap Back Service.\t\t\t“Participating entity” means a governmental entity that requires a fingerprint-based background check as a condition of (i) caring for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service and that has elected to enroll individuals in the Virginia Rap Back Service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1367982,"text":"The Department of State Police shall ensure that notification is made forthwith to the participating entity that enrolls an individual in the Virginia Rap Back Service when an FBI Rap Back notification is received. The information contained in the notification shall be used by the participating entity for purposes of determining the eligibility of the continued service of the individual and shall not be further disseminated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1367983,"text":"Use of the information submitted to the Virginia Rap Back Service for purposes not authorized by this section is prohibited, and a willful violation of this section with the intent to harass or intimidate another shall be punished as a Class 1 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1367984,"text":"No liability shall be imposed upon any law-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence or willful misconduct.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1367985,"text":"The Department of State Police shall promulgate regulations governing the operation and maintenance of the Virginia Rap Back Service and the removal and destruction of records on individuals who are deceased or who are no longer individuals as defined in this section. Such regulations shall provide that a participating entity shall disenroll any individual who is deceased or is no longer an individual as defined in this section within five business days of death or such event that no longer requires such individual to be enrolled in the Virginia Rap Back Service, in order to ensure the prompt removal and destruction of records from the Virginia Rap Back Service.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":1367986,"text":"The Department of State Police may charge an annual fee not to exceed $12 per individual enrolled in the Virginia Rap Back Service. The fee shall be paid by any participating entity enrolling an individual in the Virginia Rap Back Service. When more than one participating entity enrolls the same individual in the Virginia Rap Back Service, both participating entities shall be responsible for paying the full cost for maintenance and notification. Any fees collected shall be deposited in a special account to be used to offset the costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information System.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":1367987,"text":"The Department of State Police shall make the Virginia Rap Back Service available no later than July 1, 2025, unless funds necessary to develop and operate the Virginia Rap Back Service are unavailable.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":1367988,"text":"No participating entity authorized to submit fingerprints shall be considered negligent per se in a civil action solely because the entity elected not to enroll an individual in the Virginia Rap Back Service pursuant to this section.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":52375,"edition_id":2,"name":"Protective Order Registry","identifier":"10","label":"chapter","depth":2,"order_by":11,"parent_id":52357,"metadata":{"child_laws":2,"child_structures":0},"date_created":"2026-08-02 02:58:05","date_modified":"2026-08-02 12:34:43","permalink":{"id":1464273,"object_type":"structure","relational_id":52375,"identifier":"10","token":"52\/10","url":"\/52\/10\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52357,"edition_id":2,"name":"Police (State)","identifier":"52","label":"title","depth":1,"order_by":114,"parent_id":null,"metadata":{"child_laws":105,"child_structures":21},"date_created":"2026-08-02 02:57:57","date_modified":"2026-08-02 12:34:41","permalink":{"id":1464129,"object_type":"structure","relational_id":52357,"identifier":"52","token":"52","url":"\/52\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":367458,"structure_id":52375,"section_number":"52-45","catch_line":"Protective Order Registry established","url":"\/52-45\/","token":"52\/10\/52-45","metadata":false},{"id":367459,"structure_id":52375,"section_number":"52-46","catch_line":"Virginia Rap Back Service; criminal history record monitoring; maintenance; dissemination; penalty","url":"\/52-46\/","token":"52\/10\/52-46","metadata":false}],"previous_section":{"id":367458,"structure_id":52375,"section_number":"52-45","catch_line":"Protective Order Registry established","url":"\/52-45\/","token":"52\/10\/52-45","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/52-46\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 826<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapter 524<\/a>; in 2023, chapters 40<\/a> and 41<\/a>; in 2024, chapters 41<\/a> and 117<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1464279,"object_type":"law","relational_id":367459,"identifier":"52-46","token":"52\/10\/52-46","url":"\/52-46\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/52-46\/","token":"52\/10\/52-46","dublin_core":{"Title":"Virginia Rap Back Service; criminal history record monitoring; maintenance; dissemination; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 52-46","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department of State Police, through the Virginia Record of Arrest<\/span> and Prosecution<\/span> (Rap) Back Service, shall participate in the Federal Bureau of Investigation’s (FBI) Next Generation Identification (NGI) Rap Back Service. The purpose of the Virginia Rap Back Service shall be to allow governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual<\/span> subject to such screening is the subject of a Rap Back notification event including being arrested for, or convicted of, a criminal offense<\/span>. The Department is authorized to submit fingerprints and accompanying records to the FBI to be retained in the FBI’s NGI Rap Back Service. Fingerprints submitted to the FBI may be used for future searches, including latent searches. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> As used in this section:\n\t\t\t“Individual<\/span>” means any person who has submitted to a fingerprint-based background check in order<\/span> to (i) care for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c) be employed, or (d) perform volunteer service with a participating entity<\/span> and who has been enrolled by that participating entity<\/span> in the Virginia Rap Back Service.

\t\t\t“Participating entity<\/span>” means a governmental entity that requires a fingerprint-based background check as a condition of (i) caring for (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service and that has elected to enroll individuals<\/span> in the Virginia Rap Back Service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department of State Police shall ensure that notification is made forthwith to the participating entity<\/span> that enrolls an individual<\/span> in the Virginia Rap Back Service when an FBI Rap Back notification is received. The information contained in the notification shall be used by the participating entity<\/span> for purposes of determining the eligibility of the continued service of the individual<\/span> and shall not be further disseminated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Use of the information submitted to the Virginia Rap Back Service for purposes not authorized by this section is prohibited, and a willful violation of this section with the intent<\/span> to harass or intimidate another shall be punished as a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No liability shall be imposed upon any law<\/span>-enforcement official who disseminates information or fails to disseminate information in good faith compliance with the requirements of this section, but this provision shall not be construed to grant immunity for gross negligence<\/span> or willful misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department of State Police shall promulgate regulations governing the operation and maintenance of the Virginia Rap Back Service and the removal and destruction of records on individuals<\/span> who are deceased or who are no longer individuals<\/span> as defined in this section. Such regulations shall provide that a participating entity<\/span> shall disenroll any individual<\/span> who is deceased or is no longer an individual<\/span> as defined in this section within five business days of death or such event that no longer requires such individual<\/span> to be enrolled in the Virginia Rap Back Service, in order<\/span> to ensure the prompt removal and destruction of records from the Virginia Rap Back Service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Department of State Police may charge an annual fee not to exceed $12 per individual<\/span> enrolled in the Virginia Rap Back Service. The fee shall be paid by any participating entity<\/span> enrolling an individual<\/span> in the Virginia Rap Back Service. When more than one participating entity<\/span> enrolls the same individual<\/span> in the Virginia Rap Back Service, both participating entities shall be responsible for paying the full cost for maintenance and notification. Any fees collected shall be deposited in a special account to be used to offset the costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information System. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Department of State Police shall make the Virginia Rap Back Service available no later than July 1, 2025, unless funds necessary to develop and operate the Virginia Rap Back Service are unavailable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No participating entity<\/span> authorized to submit fingerprints shall be considered negligent per se in a civil action<\/span> solely because the entity elected not to enroll an individual<\/span> in the Virginia Rap Back Service pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA RAP BACK SERVICE; CRIMINAL HISTORY RECORD MONITORING; MAINTENANCE;\nDISSEMINATION; PENALTY (\u00a7 52-46)\n\nA. The Department of State Police, through the Virginia Record of Arrest and\nProsecution (Rap) Back Service, shall participate in the Federal Bureau of\nInvestigation’s (FBI) Next Generation Identification (NGI) Rap Back\nService. The purpose of the Virginia Rap Back Service shall be to allow\ngovernmental entities that require a fingerprint-based criminal background check\nas a condition of (i) providing care to (a) children, (b) the disabled, or (c)\nthe elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d)\nvolunteer service to be advised when an individual subject to such screening is\nthe subject of a Rap Back notification event including being arrested for, or\nconvicted of, a criminal offense. The Department is authorized to submit\nfingerprints and accompanying records to the FBI to be retained in the\nFBI’s NGI Rap Back Service. Fingerprints submitted to the FBI may be used\nfor future searches, including latent searches.\n\nB. As used in this section:\n\t\t\t“Individual” means any person who has submitted to a\nfingerprint-based background check in order to (i) care for (a) children, (b)\nthe disabled, or (c) the elderly or (ii) (a) be licensed, (b) be certified, (c)\nbe employed, or (d) perform volunteer service with a participating entity and\nwho has been enrolled by that participating entity in the Virginia Rap Back\nService.\t\t\t“Participating entity” means a governmental entity that\nrequires a fingerprint-based background check as a condition of (i) caring for\n(a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b)\ncertification, (c) employment, or (d) volunteer service and that has elected to\nenroll individuals in the Virginia Rap Back Service.\n\nC. The Department of State Police shall ensure that notification is made\nforthwith to the participating entity that enrolls an individual in the Virginia\nRap Back Service when an FBI Rap Back notification is received. The information\ncontained in the notification shall be used by the participating entity for\npurposes of determining the eligibility of the continued service of the\nindividual and shall not be further disseminated.\n\nD. Use of the information submitted to the Virginia Rap Back Service for\npurposes not authorized by this section is prohibited, and a willful violation\nof this section with the intent to harass or intimidate another shall be\npunished as a Class 1 misdemeanor.\n\nE. No liability shall be imposed upon any law-enforcement official who\ndisseminates information or fails to disseminate information in good faith\ncompliance with the requirements of this section, but this provision shall not\nbe construed to grant immunity for gross negligence or willful misconduct.\n\nF. The Department of State Police shall promulgate regulations governing the\noperation and maintenance of the Virginia Rap Back Service and the removal and\ndestruction of records on individuals who are deceased or who are no longer\nindividuals as defined in this section. Such regulations shall provide that a\nparticipating entity shall disenroll any individual who is deceased or is no\nlonger an individual as defined in this section within five business days of\ndeath or such event that no longer requires such individual to be enrolled in\nthe Virginia Rap Back Service, in order to ensure the prompt removal and\ndestruction of records from the Virginia Rap Back Service.\n\nG. The Department of State Police may charge an annual fee not to exceed $12 per\nindividual enrolled in the Virginia Rap Back Service. The fee shall be paid by\nany participating entity enrolling an individual in the Virginia Rap Back\nService. When more than one participating entity enrolls the same individual in\nthe Virginia Rap Back Service, both participating entities shall be responsible\nfor paying the full cost for maintenance and notification. Any fees collected\nshall be deposited in a special account to be used to offset the costs of\nsubscription fees, maintenance fees, and enhancements related to the Criminal\nand Rap Back Information System.\n\nH. The Department of State Police shall make the Virginia Rap Back Service\navailable no later than July 1, 2025, unless funds necessary to develop and\noperate the Virginia Rap Back Service are unavailable.\n\nI. No participating entity authorized to submit fingerprints shall be considered\nnegligent per se in a civil action solely because the entity elected not to\nenroll an individual in the Virginia Rap Back Service pursuant to this section.\n\nHISTORY: 2004, c. 826; 2017, c. 524; 2023, cc. 40, 41; 2024, cc. 41, 117.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}