From the same paragraph in the code linked above:
Originally Posted by Hoplite
Where feasible and practical, the local law-enforcement agency may transfer information electronically to the State Police instead of inked fingerprint cards. Upon completion of the criminal history records check, the State Police shall return the fingerprint cards to the submitting local agency or, in the case of scanned fingerprints, destroy the electronic record. The local agency shall then promptly notify the person that he has 21 days from the date of the notice to request return of the fingerprint cards, if any. All fingerprint cards not claimed by the applicant within 21 days of notification by the local agency shall be destroyed. All optically scanned fingerprints shall be destroyed upon completion of the criminal history records check without requiring that the applicant be notified. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purposes.However, if they go to the FBI, I suppose all bets are off. The FBI is probably not particularly concerned with whether they follow the Code of Virginia.
If we could get the FBI to admit that they don't destroy the prints, that might be some leverage for stopping them from being sent at all. (By that, I mean modifying the requirement in the code.)