If I’m on probation for a 10 year old DUI, does my PO have rights to my full medical record?

I have no new charges or violations. I’ve signed a release allowing my PO to talk with my therapist to verify my attendance and participation in both therapy and groups. My PO is also including in any aftercare planning, and is made aware of my attendance and participation in this as well. However, she wants me to sign a full release, giving her access to my entire record. I’m not in any way comfotable with this. She says she’ll violate me if I don’t do as she says. Don’t my medical records have a right to privacy? A release regarding the info she needs; attendance, participation, etc, has been signed. The rest is personal and irrelevant. Can she do this?

Asked on February 6, 2016 under Criminal Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your terms and conditions of probation determine when you violate.  If this type of release is not term or condition of your probation, then your probation officer can try to violate you, but it won't be successful because it is not part of your conditions. 
If it is part of your conditions, but you believe the conditons are over-reaching, then you need to file a motion to modify the conditions of your probation on the basis that they are over-reaching and a violation of your HIPPA rights... the State only needs access to the portion of your records that are relevant to your probation.

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