Virginia's ALPR bill restricts how police can use automatic license plate readers

Virginia passed legislation in 2023 that limits police use of automatic license plate readers (ALPRs) — cameras that photograph and record license plates without a driver's knowledge. The law does not ban the technology outright, but it requires police departments to adopt written policies about when and how they can use it, and it creates rules about how long data can be kept and who can access it.

The bill applies to all Virginia law enforcement agencies. It does not affect federal agencies, private security companies, or parking enforcement systems. If you drive in Virginia, understanding what the law does and does not do helps you know what privacy protections exist and what gaps remain.

Key Takeaways

  • Virginia law now requires police departments to have written policies governing ALPR use, including rules about data retention and access.
  • Police can still use ALPRs to search for stolen vehicles, missing persons, or vehicles connected to criminal investigations, but must document the reason.
  • Data collected by ALPRs must be deleted within 90 days unless it is tied to a specific investigation or warrant.
  • The law does not prevent police from using ALPRs at protests, traffic stops, or routine patrols, only that they must have a policy in place.
  • Private companies and federal agencies are not covered by the Virginia law, so data collection by those entities operates under different rules.

What the Virginia ALPR law actually requires police to do

The law mandates that every Virginia police department and sheriff's office write and publish a policy on ALPR use. That policy must cover: the purpose for which the department uses ALPRs, who is authorized to operate or access the system, what training is required, and how data is stored and protected.

Departments must also document when and why they use ALPRs. If an officer runs a plate search, there must be a record of the search and the justification — for example, "vehicle reported stolen" or "suspect vehicle in armed robbery." This creates an audit trail that can be reviewed if someone challenges the use.

The law does not specify what those policies must say beyond these basics. One department's policy might allow ALPRs during routine patrols; another might restrict them to specific investigations. The variation means your privacy protections depend partly on where in Virginia you live.

How long police can keep ALPR data under Virginia law

Data collected by ALPRs must be deleted within 90 days, with one major exception: if the plate is connected to a specific investigation, warrant, or hit (a match to a stolen vehicle or wanted person), the data can be kept longer. There is no hard important date for how long that investigative data can be retained — the law does not specify.

This means routine scans of your license plate as you drive past a police camera are supposed to be erased within three months. But if your plate happens to match a vehicle in a database — even if that match is later found to be a mistake — the data may stay in the system indefinitely.

The 90-day rule applies only to data collected by police ALPRs. Private parking companies, toll authorities, and other entities that use similar technology are not bound by this timeline.

What the law does not cover or restrict

The Virginia ALPR law does not ban the use of cameras at protests, traffic stops, or routine patrols. It only requires that departments have a policy and document their use. A department can legally use ALPRs to photograph every car at a political rally, as long as it has written that down in its policy and keeps records of why.

The law also does not explore to federal law enforcement, including the FBI, DEA, or Immigration and Customs Enforcement. Those agencies operate under federal rules, which vary and are often less transparent than state law.

Private companies — parking garages, toll roads, shopping centers — are not covered. Neither are local governments that use ALPRs for parking enforcement or toll collection. The law is specific to police departments and sheriffs' offices.

How to find your local police department's ALPR policy

Virginia law requires police departments to make their ALPR policies public. Start by contacting your local police department's public information officer or records department and asking for the ALPR policy. You can also file a Freedom of Information Act (FOIA) request with your city or county, which requires the government to provide the document within a set timeframe (usually five to seven business days, though extensions are common).

The policy should be available online on many department websites, though not all departments have posted them prominently. If you cannot find it, a FOIA request is the most direct route. When you receive the policy, look for: what triggers an ALPR search, who can authorize it, how data is stored, and how long it is kept.

You can also attend a city council or county board meeting and ask about ALPR use. Public officials are often more responsive to questions asked in a public forum than to individual inquiries.

What to do if you believe ALPR data was misused

If you have reason to believe a police department used ALPR data improperly — for example, to track you without justification — you can file a FOIA request asking for records of searches involving your license plate. The request should specify your plate number and the approximate date range.

If the department refuses to provide records or you believe the refusal is improper, you can file a FOIA appeal with the city attorney or county attorney's office. If that does not resolve it, you can pursue a civil lawsuit, though this is expensive and time-consuming.

You can also file a complaint with your police department's internal affairs division or civilian review board (if one exists in your jurisdiction). Complaints do not may provide action, but they create a record and may prompt a review of the department's ALPR practices.

How Virginia's law compares to other states

Virginia's approach — requiring policies and data deletion but not banning the technology — is common among states that have passed ALPR laws. Some states, like California and New Hampshire, have stricter rules: California requires a warrant before police can search ALPR data, and New Hampshire bans the technology outright for most uses.

Other states have no statewide ALPR law at all, leaving regulation to individual cities or counties. A few states have no restrictions beyond federal privacy law. Virginia's law is middle-ground: it creates transparency and some limits, but does not prevent police from using the technology broadly.

If you travel between states, be aware that the privacy protections you have in Virginia do not follow you. A police department in another state may have fewer rules about ALPR use.

Frequently Asked Questions

Can Virginia police use ALPR cameras to track me without my knowledge?

Yes. The law does not require police to notify you or get your permission to photograph your license plate. It only requires that the department have a written policy and document why they are using the system. If you drive on a public road, your plate can be scanned.

What happens if police collect my ALPR data by mistake?

Routine data (plates that do not match any investigation) must be deleted within 90 days. If your plate was scanned but did not trigger a hit, it should be erased automatically. If it did match something in a database, the data may be kept longer, even if the match was wrong. You can request records of searches involving your plate through FOIA.

Does the Virginia law explore to parking tickets or toll cameras?

No. The law covers only police departments and sheriffs' offices. Parking enforcement, toll authorities, and private companies that use license plate cameras operate under different rules, which vary by locality and company.

Can I opt out of ALPR scanning?

No. If you drive on public roads in Virginia, your license plate can be photographed and scanned. There is no mechanism to opt out, though you can request that your data be deleted after 90 days if it is not part of an active investigation.

Who can access ALPR data collected by police?

The law requires departments to specify in their policy who can access the data, but it does not limit access to a particular group. Some departments may restrict it to authorized officers; others may allow broader access. Check your local department's policy to see who has access in your area.