Virginia Record Keeping Violation

Summary

The Virginia State Police may have violated the Virginia Government Data Collection and Dissemination Practices Act by maintaining inaccurate criminal records. This could lead to civil liability, attorney fees, and disciplinary actions. To strengthen a tort claim, include this statute in the Basis for Claim section, citing negligence for wrongful arrest and damages. Consider the Virginia Tort Claims Act for filing procedures. The likelihood of settlement depends on evidence strength and agency negotiation. Adding proof of non-felon status can bolster the claim. For local legal assistance, search for negligence or tort claim lawyers in Virginia.

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What statute is it
The statute you might refer to is the Virginia Government Data Collection and Dissemination Practices Act (Virginia Code § *.*-* et seq.). This statute governs the accuracy and dissemination of personal information by state agencies, including criminal records.
So what did they violate
The Virginia State Police potentially violated the Virginia Government Data Collection and Dissemination Practices Act (Virginia Code § *.*-* et seq.), which mandates state agencies to maintain accurate and up-to-date personal information, including criminal records.
What are the consequences for this?
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The consequences for violating the Virginia Government Data Collection and Dissemination Practices Act can include:
- Civil liability for damages caused by the inaccurate records.
- Responsibility for the claimant's attorney fees and court costs.
- Possible disciplinary action against responsible individuals within the state agency.
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Where and how would I put this in the tort claim
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You can include this information in the "Basis for Claim" section of your tort claim. Here's how you can revise it:
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Basis for Claim:
The Virginia State Police have a ministerial duty to maintain accurate and up-to-date criminal records. This duty is mandated by the Virginia Government Data Collection and Dissemination Practices Act (Virginia Code § *.*-* et seq.). Their failure to do so constitutes negligence, as it led to my wrongful arrest, emotional distress, reputational harm, and legal fees. The breach of this ministerial duty directly caused my damages and was a preventable error had proper procedures been followed to ensure the accuracy of their records.
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By including the specific statute, your claim will have a stronger legal basis.
Any other statutes or laws that are applicable
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You might also consider the following:
- Virginia Tort Claims Act (Virginia Code § *.*-*.* et seq.): This statute outlines the process and requirements for filing a claim against the state for negligence.
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Likelihood of a settlement or an answer?
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Your claim is well-documented, and including specific statutes strengthens it. The likelihood of a settlement or response depends on the strength of your evidence and the agency's willingness to negotiate. Consulting with a lawyer could increase your chances of a successful outcome.
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I am also adding attachments that prove I was never a felon to begin with
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Would you like to be connected to local lawyers who can better assist you with your case?
Not yet no
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Would you like to be connected to local lawyers who can better assist you with your case?
No
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Your letter is thorough and well-structured. Your additions of statutes and evidence should strengthen your claim. Since you have declined to be connected to local lawyers, make sure to keep all correspondence and responses organized and timely. Good luck with your claim.
What lawyers would help locally
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Since you have declined to be connected to local lawyers previously, I recommend researching local lawyers who specialize in negligence or tort claims in Virginia. You can look for those with experience in handling cases involving state agencies and maintaining accurate records. A quick search for "negligence lawyers in Virginia" or visiting websites such as the Virginia State Bar or legal aid organizations in Virginia might be helpful.
You can’t tell
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Would you like to be connected to local lawyers who can better assist you with your case?
Yes
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Would you like to be connected to local lawyers who can better assist you with your case?
Yes
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Since you mentioned that you would like to be connected to local lawyers, let's gather some necessary information to proceed.
Can you please provide your name?