Virginia
Virginia License Plate Reader Laws (2026)
Independently fact-checked against primary sources (last audited September 30, 2026). · 13 primary sources cited on this page. How we verify our legal content

Virginia has a specific license plate reader statute. Va. Code § 2.2-5517, enacted by HB 2724 (2025 Acts, chapter 720), limits law enforcement agencies to listed purposes, requires plate data to be purged after 21 days, bars sharing it with any other state, federal, private or commercial database, and exempts it from the Virginia Freedom of Information Act.
Information reviewed September 30, 2026.
For related pages, see the Virginia entry in the state comparison, the ALPR laws hub, Are Flock cameras legal?, What are Flock cameras?, and our Virginia surveillance camera laws guide.
Is there a Virginia law on license plate readers?
Yes. Chapter 55.6 of Title 2.2 consists of a single section, § 2.2-5517, and we opened its full text. The history line on the current code page reads "2025, c. 720" with no later amendment shown. The act applies to use on or after July 1, 2025 and is not retroactive, according to its enactment clause 5. We cite the current code lettering with subsection pinpoints throughout.

What may Virginia law enforcement use plate readers for?
Subsection (D) says a law-enforcement agency "may use a system only" for one of three purposes. The first is as part of a criminal investigation into an alleged violation of the Code of Virginia or a local ordinance where there is reasonable suspicion that a crime was committed. The second is an active investigation of a missing or endangered person or a person associated with human trafficking. The third is receiving notifications about a missing or endangered person, a person with an outstanding warrant, a person associated with human trafficking, a stolen vehicle or a stolen plate.
An audit-trail entry is required to query the system, and no query or download may be made unless it relates to one of those purposes.
Two other limits apply. Subsection (L) bars use to interfere with lawful activities or to track people by protected speech. Under subsection (M), an alert alone is not reasonable suspicion, and the officer must develop independent suspicion or confirm that the plate and vehicle characteristics match the database.
How long can Virginia agencies keep plate data?
Subsection (E) says system data "shall be purged after 21 days of the date of its capture in such a manner that such data is destroyed and not recoverable." Audit trail data is purged after two years. The agency and the vendor must both destroy the data irrecoverably. Data that is part of an ongoing investigation, prosecution or civil action is kept until the investigation ends without charges or until final disposition, including direct appeals and habeas.
Who else can see the data?
Subsection (F) says a law-enforcement agency "shall not share system data or audit trail data with, or disseminate such data to, any database of any other state, federal, private, or commercial entity." It also bars sale. The statute allows sharing for six purposes: with another law-enforcement agency for subsection (D) purposes, which may be allowed to query; with the Commonwealth's attorney; with defendants in discovery; under a court order or subpoena; with the vendor for maintenance and quality assurance; and for public emergency alerts. The Department of State Police must share highway, bridge and tunnel system data with the local law-enforcement agency where the system is installed.
Section 2.2-5517 has no clause specific to immigration. A separate law that took effect July 1, 2026, Va. Code § 15.2-1726.1 (2026 Acts, chapters 1028 and 1098), says that, except as provided in five listed Code sections, no law-enforcement officer shall "assist, cooperate with, or use any law-enforcement resources to facilitate" an operation to identify, arrest or penalize someone for a violation of federal civil immigration law "unless presented with a judicial warrant or judicial subpoena." That bar does not stop officers from investigating state or federal crimes, including through joint state-federal task forces. The same section requires any federal immigration enforcement agreement that a Virginia law-enforcement agency maintains, renews or enters to provide that ICE will not use surveillance technology, including license plate readers, for immigration enforcement. That limit does not apply to people who are not lawfully present in the United States and have been convicted of listed offenses.
Can I request Virginia plate reader data as a public record?
Not under the Freedom of Information Act. Subsection (F) says system data and audit trail data "shall not be subject to disclosure under the Virginia Freedom of Information Act."
What are the vendor and contract rules?
Under subsections (B) and (C), the Division of Purchases and Supply in the Department of General Services approves systems only if the vendor certifies that it will not sell or share Virginia data, that it can purge data at 21 days, that it keeps an audit trail and can purge it at two years, that the databases the system uses for notifications are updated at least every 24 hours or as soon as practicable, and that it meets VITA security standards. Contracts must make the data the agency's property. Under current subsection (Q), the vendor must notify the agency immediately of subpoenas, warrants or third-party requests. Enactment clause 4 directed the department to post its approved list by January 1, 2026, and we did not confirm that posting. The contract terms in subsection (C) took effect July 1, 2026 under enactment clause 2.
What audit, policy and reporting rules apply?
Under subsections (H), (I), (K) and (R), each agency must adopt a policy that covers training, purposes, 24-hour database updates, stop-accuracy checks, retention, security and limits on sale and sharing. It must include "an internal auditing procedure that occurs at least once every 30 days." Agencies must report to the State Police by April 1 each year. The report covers cameras, databases, queries by purpose and offense type, stops, outside access, unauthorized use and third-party requests. The State Police then aggregate the reports to the Governor, the General Assembly and the Crime Commission by July 1. Agencies must publicly post their policy and report, and local agencies must promote public awareness.
The first agency reports are due April 1, 2027, and the first State Police report is due July 1, 2027. The Virginia State Crime Commission must also report by July 1, 2027 and in each of the following five years. Enactment clause 13 sets a Crime Commission findings report due November 1, 2026. The State Police published a model ALPR policy (Rev. 07/09/2025) as the act directed. Our notes also record that an annual list of surveillance technologies, including ALPR, is due each November 1 under Va. Code § 9.1-116.10.
What are the penalties and exclusions?
Under subsection (N), willful misuse, or unlawful selling or sharing, is a Class 1 misdemeanor. Subsection (O) says any evidence obtained as the result of a violation of subsection D, F, L or M "is not admissible by the Commonwealth in any criminal or civil proceeding," and a defendant may use it. We found no civil cause of action in the text we read.
Subsection (P) says the section does not apply to systems used for the enforcement of traffic laws (parking, speed, tolling, HOV and emissions), for Department of Motor Vehicles weigh stations, or by any state or local agency or private entity for non-criminal-justice purposes. Toll cameras on HOT lanes have their own limits under Va. Code § 33.2-504(B): the images may be used only to collect unpaid tolls, may not be made public or sold, and must be purged within 30 days after the tolls and any penalties are reconciled.
What about the VDOT permit subsection?
The enrolled bill's subsection Q concerned Virginia Department of Transportation right-of-way permits and was made contingent on 2026 reenactment by enactment clause 14. That subsection does not appear in the current code text. In the current code, subsection Q is the vendor-notification duty and subsection R is public awareness. The Crime Commission's January 2026 report says: "That provision must be reenacted during the 2026 Regular Session of the General Assembly to take effect." The current code page, checked September 30, 2026, still does not include that subsection, and we found no 2026 act reenacting it, so this page does not describe a VDOT permit requirement as in force.
What have Virginia courts said about plate readers?
The Supreme Court of Virginia ruled on plate readers under the state's Government Data Collection and Dissemination Practices Act in Neal v. Fairfax County Police Department, 299 Va. 253 (2020). It held that the Fairfax County police ALPR system did not constitute an "information system" under that Act and reversed an injunction against passive collection and storage of plate data. That ruling came before § 2.2-5517 was enacted. Two more recent decisions are in our records.
- In Commonwealth v. Church, Record No. 0737-25-1 (Va. Ct. App. Oct. 14, 2025), an unpublished memorandum opinion, the court held that "because the Flock system simply took pictures of the license plate and Church's vehicle as he drove it down public thoroughfares in the City of Norfolk, the circuit court erred in ruling that a search warrant was required for police to access the Flock system." The analysis was under the Fourth Amendment. The opinion cites a Norfolk circuit ruling, Bell v. Commonwealth, as requiring a warrant, and we did not read Bell.
- In Schmidt v. City of Norfolk, No. 2:24cv621 (E.D. Va. Jan. 27, 2026), the court granted summary judgment to the city and denied the plaintiffs' motion in a Fourth Amendment challenge to Norfolk's Flock program. It found the plaintiffs had standing to challenge collection and storage, and that on this record the Norfolk system did not violate the Fourth Amendment. The opinion copy is hosted by the plaintiffs' counsel. The appeal is Fourth Circuit No. 26-1227. The docket shows it tentatively calendared for the court's December 8 to 11, 2026 session, and Norfolk's counsel has filed a notice of a conflict with that session, so the argument date may change.
How widely are plate readers used in Virginia?
The Crime Commission's January 2026 report says 159 law-enforcement agencies reported ALPR use and that "86% (137 of 159)" of responding agencies reported Flock Safety as their vendor. That is the figure as reported by its source.
Where are plate readers reported in Virginia?
This list is not complete, and each entry is our record of the source cited. Our records mark these as active: the Norfolk program, Alexandria as of September 22, 2026, Roanoke through its transparency portal, Fairfax County as of September 4, 2026, and Richmond as of March 12, 2026, per a Richmonder report. In September 2026 Richmond's mayor directed police to purge plate data weekly instead of every 21 days and ordered a review of the Flock contract, VPM reported. On September 15, 2026 the Fairfax County Board of Supervisors paused installation of new Flock cameras while existing cameras stay in use, WTOP reported.
Our records mark these as ended: Arlington County, as of September 15, 2026; Lynchburg, where the city council voted on September 3, 2026 to give notice ending its Flock contract at the end of the contract term; Staunton, as of January 8, 2026; and Charlottesville, as of December 15, 2025.
Are more Virginia bills pending?
No 2026 act amended § 2.2-5517; the current code page still lists only its 2025 chapter. Two 2026 acts that name license plate readers did pass: SB 783 and HB 1441 (2026 Acts, chapters 1028 and 1098) created Va. Code § 15.2-1726.1, effective July 1, 2026, which is described above. HB 936, which would have let certain counties use plate readers for parking enforcement, failed in a Senate committee. HB 1257 and HB 1261, which include a provision on a framework for police use of surveillance technologies including license plate reader systems, were continued to the 2027 session and are not law.
How can I check my local system?
The statute requires agencies to post their policy and annual report publicly, and local agencies must promote public awareness. Start with your agency's posted policy. Plate data itself is not available through FOIA, but the policy and reports are what the statute directs agencies to publish. For the technology itself, see What are Flock cameras?.
Frequently Asked Questions
Does Virginia have a license plate reader law?
Yes. Va. Code § 2.2-5517, enacted by HB 2724 (2025 Acts, chapter 720), regulates law-enforcement use of ALPR systems, including purposes, retention, sharing, vendors, audits and penalties.
How long can Virginia police keep license plate reader data?
System data must be purged after 21 days and audit trail data after two years under subsection (E), except data that is part of an ongoing investigation, prosecution or civil action, which is kept until the investigation ends without charges or final disposition.
Can Virginia share plate reader data with federal agencies?
Subsection (F) bars sharing or disseminating system data or audit trail data to any database of any other state, federal, private or commercial entity, with six listed exceptions. Section 2.2-5517 has no immigration-specific clause, but Va. Code § 15.2-1726.1, effective July 1, 2026, bars officers, except as provided in several listed Code sections, from using law-enforcement resources to help enforce federal civil immigration law without a judicial warrant or judicial subpoena.
Can I get Virginia plate reader data through a FOIA request?
No. Subsection (F) says system data and audit trail data are not subject to disclosure under the Virginia Freedom of Information Act.
What is the penalty for misusing plate reader data in Virginia?
Willful misuse, or unlawful selling or sharing, is a Class 1 misdemeanor under subsection (N). Evidence obtained in violation of subsections D, F, L or M is not admissible by the Commonwealth.
Have Virginia courts ruled on plate readers?
The Supreme Court of Virginia held in Neal v. Fairfax County Police Department (2020) that the Fairfax County police ALPR system was not an information system as the state Data Act defines that term. Commonwealth v. Church, an unpublished Court of Appeals opinion from October 2025, held no search warrant was required to access Norfolk's Flock system. Schmidt v. City of Norfolk, a federal district ruling from January 2026, granted summary judgment to the city and is on appeal to the Fourth Circuit.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 2.2: Administration of Government
§ 2.2-5517Use of automatic license plate recognition systems by law-enforcement agenciesIn forcecited in 4 of our articles
A. For purposes of this section: "Audit trail" means all records of queries and responses in an automatic license plate recognition system, and all records of actions in which system data is accessed, entered, updated, shared, or disseminated, including the (i) date and time of access; (ii) license plate number or other data elements used to query the system; (iii) specific purpose, as set forth in subsection D, for accessing or querying the system, including the offense type for any criminal investigation; (iv) associated call for service or case number; and (v) username of the person or persons who accessed or queried the system. "Audit trail data" means all forms of data collected or generated by an automatic license plate recognition system for purposes of producing an audit trail. "Automatic license plate recognition system" or "system" means a system of one or more high-speed cameras used in combination with computer algorithms to convert images of license plates, vehicles, or a combination of both into computer-readable data. "Division" means the Division of Purchases and Supply of the Department of General Services.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Automated License Plate Reader (ALPR) Laws Explained (2026), License Plate Reader Laws by State: 2026 Comparison
Code of Virginia, Title 15.2: Counties, Cities and Towns
§ 15.2-1726.1Immigration enforcement agreements with federal authority; required provisionsIn force
A. For the purposes of this section: "Federal immigration enforcement agreement" means an agreement with a federal agency authorizing a law-enforcement officer or employee of the Commonwealth or any of its localities to perform a function of a federal immigration officer or an intergovernmental service agreement with a federal agency authorizing the civil immigration detention of a person in a local, regional, or state correctional facility if such facility also detains or incarcerates persons for violations of the criminal laws of the Commonwealth. "Law-enforcement agency" means any state or local agency that employs law-enforcement officers and that has as its principal function the enforcement of the laws of the Commonwealth and its localities. "Law-enforcement agency" includes any sheriff's office, any police department, any local or regional correctional facility, the Department of State Police, the Department of Corrections, the Department of Juvenile Justice, or any other local or state agency or department that performs law-enforcement functions or that was created to enforce the laws of the Commonwealth and its localities. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Code of Virginia, Title 33.2: Highways and Other Surface Transportation Systems
§ 33.2-504Release of personal information to or by HOT lanes operators; penaltyIn force
A. The HOT lanes operator may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the owners of vehicles that use HOT lanes and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection and otherwise operate HOT lanes. Such agreement may include any information that may be obtained by the Department of Motor Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.9. No HOT lanes operator shall disclose or release any personal information received from the Department of Motor Vehicles or the Department of Transportation to any third party, except in the issuance of a summons and institution of court proceedings in accordance with § 33.2-503. Information in the possession of a HOT lanes operator under this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). B. Information collected by a photo-enforcement system shall be limited exclusively to that information that is necessary for the collection of unpaid tolls.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Code of Virginia, Title 9.1: Commonwealth Public Safety
§ 9.1-116.10Surveillance technology reporting by state and local law-enforcement agencies and sheriff's departmentsIn forcecited in 2 of our articles
A. For purposes of this section, "surveillance technology" means any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, behavioral, or similar information or communications specifically associated with, or capable of being associated with, any specific individual, group, or place or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Surveillance Camera Laws (2026 Guide)
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Sources and References
- Va. Code § 2.2-5517(law.lis.virginia.gov).gov
- Virginia State Police model ALPR policy(vsp.virginia.gov).gov
- Va. Code § 9.1-116.10(law.lis.virginia.gov).gov
- Virginia State Crime Commission ALPR report (January 2026)(vscc.virginia.gov).gov
- Commonwealth v. Church (Va. Ct. App. 2025) (unpublished)(www.vacourts.gov).gov
- Schmidt v. City of Norfolk, E.D. Va. order (Jan. 27, 2026)(ij.org)
- Schmidt v. City of Norfolk, 4th Cir. No. 26-1227 docket(www.courtlistener.com)
- City of Norfolk, cameras page(www.norfolk.gov).gov
- City of Alexandria, license plate reader dashboard(www.alexandriava.gov).gov
- City of Roanoke, License Plate Reader Transparency Portal(www.roanokeva.gov).gov
- Fairfax County Police, Real Time Crime Center transparency(www.fairfaxcounty.gov).gov
- The Richmonder report on Richmond police Flock spending(www.richmonder.org)
- Arlington County Board news release (Sept. 15, 2026)(www.arlingtonva.us).gov
- WSLS report on Lynchburg Flock resolution (Sept. 3, 2026)(www.wsls.com)
- Staunton report on Flock contract termination (Jan. 8, 2026)(www.stauntonbusiness.com)
- Charlottesville report on ending the Flock pilot (Dec. 15, 2025)(cvillerightnow.com)
- Va. Code § 15.2-1726.1(law.lis.virginia.gov).gov
- Va. Code § 33.2-504(B)(law.lis.virginia.gov).gov
- Neal v. Fairfax County Police Department, 299 Va. 253 (2020)(vacourts.gov).gov
- VPM report on Richmond Flock cameras (Sept. 21, 2026)(vpm.org)
- WTOP report on Arlington ending Flock (Sept. 2026)(wtop.com)