Search Smyth County Police Records

Smyth County police records are kept by the Smyth County Sheriff's Office and the Circuit Court Clerk in Marion. These files include arrest reports, incident logs, and criminal case data. The Sheriff's Office covers 452 square miles and serves about 30,104 people. You can request records under Virginia FOIA. This page covers how to find Smyth County police records from local and state sources.

Smyth County Sheriff's Office

The Smyth County Sheriff's Office is a full service law enforcement agency. The office runs Field, Investigations, Court Security and Transport, Civil Process, Warrant Service, Crime Prevention, and Communications divisions. The agency has 59 full time and 34 part time employees. To request records, file a FOIA request with the Sheriff's Office FOIA Officer.

The county FOIA Officer for general government records is Alicia Richardson at the County Administrator's Office, 121 Bagley Circle, Suite 100, Marion, VA 24354. Phone: 276-706-8305. Email: lrichardson@smythcounty.org. Fax: 276-783-9314. The Sheriff's Office Records Department handles incident reports and arrest records.

Under Virginia Code Section 2.2-3700 et seq., public records are open unless an exemption applies. Requests can be made by U.S. Mail, fax, e-mail, in person, or over the phone. A written request is recommended for clarity. The county must respond within five working days from the day after it receives your request. An extension of seven more days, twelve total, is allowed when needed.

How to File a FOIA Request and Fees

State the records you need with reasonable specificity. Give the person's full name, address, and date range. Smyth County charges $25.00 per hour for staff time to research, compile, or duplicate records. Materials cost $0.50 per page. CDs and digital media cost $1.00 per CD. Deposits are required if the estimate exceeds $200. Past due bills over 30 days must be paid before new requests are processed.

The Smyth County Treasurer is Tom Burkett at 109 West Main Street, Suite G024, Marion, VA 24354. Phone: 276-782-4059. The Commissioner of Revenue is Bradley Powers at 109 West Main Street, Suite G011. Phone: 276-782-4040. Each constitutional office handles its own records.

Note: Crash reports go through the Virginia Department of Motor Vehicles. Form FR-300 is filed by law enforcement within 24 hours. DMV charges $8 per copy.

Smyth County Police Records Exemptions

Smyth County uses standard Virginia FOIA exemptions. Personnel records under Virginia Code Section 2.2-3705.1(1) are protected. Records subject to attorney-client privilege are exempt under § 2.2-3705.1(2). Attorney work product is exempt under § 2.2-3705.1(3). Vendor proprietary information is exempt under § 2.2-3705.1(6). Records relating to negotiation and award of a contract prior to award are exempt under § 2.2-3705.1(12).

Law enforcement records have separate exemptions including 911 records and investigative records under § 2.2-3705.1, § 2.2-3705.2, § 2.2-3705.3, § 2.2-3706, and § 2.2-3706.1. Felony criminal incident information must be released under Virginia Code Section 2.2-3706. Appeal denials to the Smyth County Circuit Court or contact the Virginia Freedom of Information Advisory Council at (804) 698-1810.

Smyth County Circuit Court Records

The Smyth County Circuit Court is part of the 28th Judicial Circuit. The Clerk is John H. Graham, located at 109 West Main Street, Suite 1081, Marion, Virginia 24354. Phone: (276) 782-4044. Fax: (276) 782-4045. Email: jgraham@vacourts.gov. Office hours are Monday-Friday, 8:30 a.m. - 5:00 p.m. The Clerk maintains records dating back to the county founding in 1832.

You can search court records online for free. The Virginia Circuit Court Case Information System covers Smyth and other circuit courts statewide. Search by name, case number, or hearing date. The General District Court Online Case Information System handles misdemeanors and traffic cases. Note: Military discharge papers (DD214s), presentence reports, and unexecuted search warrants are not available to the public.

Court copies cost $0.50 per page. Certified copies add $2.00.

State Police Criminal History

For a statewide check, submit Form SP-167 to the Virginia State Police Central Criminal Records Exchange. The fee is $15 per name search. The form must be notarized. Mail it to Virginia State Police, CARE, P.O. Box 85076, Richmond, VA 23285. Processing takes 12 to 15 business days.

Form SP-266 is for the Sex Offender Registry at $15. A combined check is $20. The free Sex Offender Registry lets the public search violent offenders. Under Virginia Code Section 19.2-389, criminal history sharing is limited to certain users.

Smyth County Arrest Records

Arrest records from Smyth County are public under Virginia FOIA. Adult mugshots are public. Felony incident details must be released. Contact the Records Department at the Sheriff's Office with the person's name and any case number. The Virginia Department of Corrections Offender Locator shows current inmate data statewide.

For expungement, petition the Smyth County Circuit Court under Virginia Code Section 19.2-392.2. The court holds a hearing. The Virginia Department of Criminal Justice Services provides victim services and law enforcement training info.

The screenshot below shows the Smyth County government website, which has links to all county departments and FOIA contacts.

The site is the starting point for FOIA requests to the County Administrator's Office.

Smyth County Crash Reports

Crash reports from Smyth County are filed by the Sheriff's Office or the Virginia State Police on Form FR-300. The deputy or trooper sends the form to the Virginia DMV within 24 hours of the crash. To get a copy, file Form CRD-93 with DMV. The fee is $8 per copy. Drivers, owners, insurers, and lawyers tied to the wreck can ask. The Smyth County Sheriff's Office may also keep a local copy with photos and witness lists you can ask for through FOIA.

Many wrecks on Interstate 81 and other state routes that cross Smyth County are worked by State Police. You can ask either agency for the crash file. The state police FOIA portal may be a faster path for those.

Statewide Tools and CCRE

The Central Criminal Records Exchange (CCRE) is run by Virginia State Police. CCRE keeps fingerprint-based criminal history for all of Virginia. Smyth County arrest data flows into CCRE through the booking process at the Southwest Virginia Regional Jail. Courts and police use the new OCIS 2.0 case system to file and look up case data across the state.

If you hit a snag with a Smyth County records request, the Virginia FOIA Council can help. Call (804) 698-1810 or email foiacouncil@dls.virginia.gov. The council gives free advice to citizens and to agencies. It does not have power to force release. Its written opinions still carry weight in court. Most disputes get worked out at this stage.

For old Smyth County court files past their local retention period, the Library of Virginia in Richmond has them in archive. The library lists Smyth County records on its online finding aid. Some files dating to 1832 have been digitized.

Nearby Counties

These counties border Smyth County. Each has its own Sheriff's Office and Circuit Court Clerk for local police records.