Virginia Public Records Law

The Virginia Freedom of Information Act (FOIA) is a series of statutes enacted to ensure that interested parties can readily access records held by a Virginia public body or its officials, employees, or agents. Per this act, public bodies refer to any government entity in the state that is supported mainly by public funds. However, it should be noted that certain public bodies are exempted from the FOIA's record disclosure requirement.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Virginia?

All public bodies in Virginia are required to appoint and publicly identify at least one FOIA Officer, who will be tasked with receiving and processing records requests on its behalf. To this end, you may submit a public record request in Virginia by contacting the FOIA Officer for the specific government entity holding the records you seek.

How Do I Request Public Records in Virginia?

Requesting public records in Virginia generally involves the following steps:

  • Identify the specific public body holding the records that you need.
  • Contact its designated FOIA Officer.
  • Submit your request. While oral requests are permitted under the FOIA, written requests are recommended for clarity and documentation; many public bodies also provide online forms or email submission options. Be sure to include specific details about the record(s) you need, such as dates, names, and any other relevant information that may help the public body locate it more efficiently.
  • Pay any associated fees.

You may direct inquiries on accessing public records in Virginia to the state's Freedom of Information Advisory Council at (804) 698-1810, (866) 448-4100, or via email.

Virginia public records may also be accessible through third-party websites. However, be aware that you may incur additional service fees if you utilize this option.

What Records Are Public in Virginia?

There are several types of public records in Virginia, such as:

  • Property Records: These include deeds, zoning and building permits, property tax assessments, and mortgage records.
  • Judicial/Court Records: These include civil and criminal case files, bankruptcy filings, probate records, and court orders generated and maintained by Virginia's Circuit, General District, Juvenile, and Domestic Relations Courts.
  • Law Enforcement Records: These include police reports, arrest records, inmate/jail records, and sex offender information.
  • Government Financial Records: These include public body budgets, audit reports, expenditure reports, and awarded contracts.

It should be noted that even though access to vital records in Virginia is restricted to specific parties, these records become public information after a certain period (100 years for birth records, and 25 years for death, marriage, and divorce records).

Who Can Request Public Records in Virginia?

Per the FOIA, any Virginia citizen, representative of a newspaper or magazine that circulates within the state, and representative of a radio or television station that airs within or into the state, may request public records in Virginia.

What Is the Response Time for Public Records Requests in Virginia?

Any public body that is subject to the Virginia FOIA is required to make one of the following responses within five working days of receiving a public records request:

  • Provide the requested record(s).
  • Deny the request if disclosure is prohibited by law or at their (the public body's) discretion. Note that this discretion must comply with the FOIA.
  • Provide a portion of the record(s) if the disclosure of the withheld part is prohibited by law (or discretion).
  • Notify the requester that the record(s) do not exist, cannot be found, or are being held by another public body (in this case, they must also provide necessary contact details for this body).
  • Ask for more time if responding within five days is impractical. In this case, the timeline is usually extended for an additional seven working days (60 days if the request involves certain criminal investigative files).

What Is the Fee Charged for Providing Copies of Public Records?

The cost of obtaining copies of public records in Virginia generally varies depending on the public body holding the record and the amount of records requested. Nonetheless, per the FOIA, the public body's records request fees must be reasonable and must not exceed the actual cost of finding, copying, and providing the requested records.

Also, in situations where the public body estimates that the cost of providing the requested records will be more than $200, it can ask the requester to pay a deposit before processing the request. However, this deposit cannot be more than the estimated cost and must be applied to the final cost.

What Records Are Exempted Under the Virginia Public Records Law?

The Virginia FOIA contains several exemptions to public record disclosure. These include, but are not limited to:

  • Health records
  • Records subject to attorney-client privilege
  • Vendor proprietary information software
  • Personal contact information given to a public body or its members to receive electronic communications
  • Personnel information concerning identifiable individuals
  • Scholastic records
  • Tests and examinations
  • Records of statutorily-authorized closed meetings