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.
§ 8.01-40.3.Unauthorized dissemination, etc., of criminal history record information; civil action.
Chapter 3. Actions · Article 3. Injury to Person or Property · Last amended 2015 · Last verified July 16, 2026
In one sentenceTargets mugshot-removal extortion schemes — anyone who publishes an individual’s arrest or charge record and then solicits payment to take it down is liable for actual damages or $500, whichever is greater, plus attorney fees and costs, though interactive computer services hosting another’s content and protected speech are excluded from liability.
Full Text of § 8.01-40.3
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, Section 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.
Plain-English Summary
Subsection A targets a specific pattern: publishing or maintaining someone’s criminal history record information about an arrest or charge, and then soliciting, requesting, or accepting money or something else of value for removing it. A person who does both is liable to the individual identified in the record for actual damages or $500, whichever is greater, plus reasonable attorney fees and costs. Publishing the record alone, without the accompanying solicitation for payment to remove it, does not trigger liability under this section.
Subsection B carves out two categories from liability: an interactive computer service, as federal law defines that term, for content another person provided, and any speech protected under Article I, Section 12 of the Constitution of Virginia. Subsection C ties the term “criminal history record information” to the definition already used in § 9.1-101.
Frequently Asked Questions
What conduct triggers liability under this section?
Two things together: disseminating, publishing, or maintaining someone’s criminal history record information about an arrest or charge, and soliciting, requesting, or accepting payment for removing it.
Is posting someone’s arrest record enough to be liable?
No. The section requires both the publication of the record and a solicitation for payment to remove it; publication alone does not trigger liability under this section.
Can I sue a website that just hosts content posted by someone else?
Not under this section. It does not impose liability on an interactive computer service, as federal law defines that term, for content provided by another person.
How much can I recover if a mugshot site charges me to remove my record?
Actual damages or $500, whichever is greater, plus reasonable attorney fees and costs.
Does free-speech protection ever shield this kind of conduct?
The section states that it does not impose liability for speech protected under Article I, Section 12 of the Constitution of Virginia.
Amendment History
2015, cc. 414, 415.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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