Virginia Court Records

Virginia's court system consists of four primary levels: the Supreme Court, the Court of Appeals, the Circuit Courts, and the District Courts. Additionally, magistrates serve as judicial officers with the authority to issue warrants, summonses, bonds, and other legal processes. More than 2.3 million cases pass through the Virginia courts annually.

Most legal proceedings in Virginia begin with magistrates, who assess whether there is probable cause to initiate a case. In juvenile matters, intake officers perform a similar role, reviewing complaints and determining whether sufficient grounds exist to involve the court.

At the district court level, two types of courts handle different case categories. The General District Courts oversee civil cases involving smaller claims, misdemeanor criminal cases, and traffic violations. Meanwhile, the Juvenile and Domestic Relations District Courts focus on cases related to juveniles and family matters, including child custody, support, and domestic violence issues.

For more serious matters, Circuit Courts have jurisdiction over felony criminal cases, major civil disputes, and appeals from lower courts. These courts also handle probate matters and certain family law cases.

Higher in the system, the Court of Appeals of Virginia reviews decisions from lower courts, primarily focusing on appeals in criminal, domestic relations, and administrative agency cases. At the top of the system, the Supreme Court of Virginia serves as the highest judicial authority in the state, handling appeals on constitutional matters and cases of significant legal precedent.

What Are the Types of Court Records In Virginia?

Virginia's court system consists of multiple levels of courts, each designed to handle specific types of legal cases. In the many processes involved with handling court cases, documents and files are generated, which are maintained in the court. Each court in the system has a designated Clerk responsible for maintaining the court's records, including proceedings and judgments.

The clerks in Virginia courts maintain the following types of records:

• Supreme Court of Virginia
• Appellate Case Records: Includes case files for appeals from lower courts.
• Opinions and Orders: Official rulings and legal interpretations from the Supreme Court.
• Writs of Certiorari and Mandamus: Requests for higher court reviews of lower court decisions.
• Attorney Disciplinary Records: Documents related to attorney conduct and disciplinary actions.
• Administrative Court Records: Rules, procedures, and judicial policies.
• Virginia Court of Appeals
• Appellate Case Files: Includes appeals from circuit courts and certain administrative agencies.
• Opinions and Judgments: Official rulings on appealed cases.
• Petitions for Rehearing: Requests to reconsider prior decisions.
• Criminal and Civil Appeals Records: Documents related to felony appeals and administrative rulings.
• Circuit Courts
• Criminal Case Records: Felony cases, indictments, and sentencing documents.
• Civil Case Records: Lawsuits involving disputes over $25,000.
• Family Law Records: Divorce, custody, child support, and adoption cases.
• Real Estate and Land Records: Deeds, mortgages, and property liens.
• Probate and Estate Records: Wills, estate settlements, and guardianship cases.
• Business and Corporation Filings: Business licenses, incorporations, and trade name registrations.
• Marriage Licenses and Name Change Records: Official records of marriages and legal name changes.
• General District Courts
• Traffic and Misdemeanor Records: Citations, DUI cases, reckless driving, and minor criminal offenses.
• Civil Case Records: Lawsuits involving claims under $25,000.
• Small Claims Records: Cases where the dispute is under $5,000.
• Preliminary Hearings for Felonies: Initial hearings before felony cases move to Circuit Court.
• Juvenile and Domestic Relations District Courts
• Juvenile Criminal Records: Cases involving minors charged with offenses.
• Child Custody and Support Records: Legal decisions on custody and financial support.
• Child Abuse and Neglect Cases: Court proceedings related to child welfare.
• Protective Orders: Restraining orders issued in domestic violence cases.
• Delinquency and Dependency Cases: Cases involving minors in trouble with the law or needing care.
• Magistrate Courts
• Arrest Warrants and Criminal Complaints: Warrants issued for arrests.
• Bail and Bond Decisions: Determinations of bail and bond eligibility.
• Search Warrants: Records of court-approved searches.
• Emergency Protective Orders: Temporary restraining orders for immediate protection.

Are Virginia Court Records Public?

Court records in Virginia are typically categorized as public. While the Virginia Freedom of Information Act (FOIA) provides public access to records of government bodies, access to the records of Virginia courts and the judiciary are governed by the provisions of Section 17.1-208 of the Code of Virginia and the Rules of the Supreme Court of Virginia.

However, certain types of information or court records may not be open to the public despite the provisions of the FOIA and the rules of the state supreme court. Some of such records include personnel records, communications protected by attorney-client privilege, juvenile records, adoption records, and sealed or expunged court records. Note that some case information or entire court records may be sealed or expunged in Virginia due to reasons such as protecting the privacy of the individuals involved and the safety of trade or business secrets. If the public disclosure of a record would negatively impact an ongoing investigation, Virginia courts may also deem the record a confidential court record.

How Do I Search Virginia Court Records?

Virginia provides both online and offline access to persons looking to obtain court records in the state. Online access to court records in the state is made available via the Virginia judicial system website. The website provides links to find case information in the following ways:

• Supreme Court of Virginia Case Information: Provides access to cases of the Supreme Court of Virginia. Case information may be found using the name or case number.
• Court of Appeals of Virginia Case Information: Provides access to records of the court of appeals of Virginia. When searching, the case number or party name must be provided.
• Online Case Information System-Statewide Search: Provides access to a statewide search of adult criminal case record data in the juvenile and domestic relations district courts, traffic and criminal case information in general district courts, and some circuit courts.
• Circuit Court Case Information: Provides access to civil and criminal cases in some circuit courts. When searching, you will need to provide a party name, case number, or hearing date.
• General District Court Case Information: Provides access by locality to civil, criminal, and traffic cases in the general district courts. When searching, you will need to provide a party name, case number, or hearing date. Online payments are made using this system.

How To Retrieve Court Records Offline

Certified copies of Virginia court records are generally not available online. If you need them, you must visit the office of the clerk of the court with jurisdiction over the matter to make a request. Usually, the office of the clerk of the court needs certain information from the requester to make a successful search. If you are visiting the office of the clerk, you can expect to provide information such as:

• Case number
• The full names of parties involved
• Approximate date of filing, hearing, or judgment in the case
• The type of case
• Any other relevant information

If you only wish to inspect a record or obtain a recent record, you can expect a response on the same day as your request. However, if you want a certified or historic record, the response may take a few business days or a couple of weeks to arrive. The time taken for responses to arrive often depends on the court's workload and the complexity of the request. Copies of court records generally cost about $0.50 per page, while certification costs $2 per document.

Can I Seal or Expunge a Virginia Court Record?

There is not much difference between sealing and expungement in Virginia. The state defines expungement to mean that a record has been placed in a secure location that only a few persons may access for limited, specific reasons. On the other hand, sealing a record means that the record has been moved to a private and safe area inaccessible from normal use.

Whether a record is expunged or sealed in Virginia, it may only be accessed via a court order and for specific reasons outlined in state regulations. Also, when a record is expunged or sealed, most employers and landlords are not allowed to access it. Expungement provisions in Virginia are outlined under Section 19.2-392.2 of the Virginia Code, while sealing is governed by Va. Code § 19.2-298.02.

In 2021, Virginia introduced a new law permitting certain criminal convictions to be sealed, making them inaccessible to the public. Unlike expungement, which only applies to cases that did not result in a conviction, such as acquittals or dismissed charges, sealing allows some convictions to remain on record but hidden from general view.

Under the new record sealing law (which does not go into effect until January 1, 2026), some misdemeanor convictions may be automatically sealed without having to petition the court. Also, if you are charged but never convicted of a misdemeanor, the charges will be automatically sealed. Automatic sealing is allowed for the following misdemeanor convictions:

• Petit larceny
• Underage alcohol possession
• Marijuana possession
• Trespassing after being prohibited or instigating trespass by others
• Concealment
• Disorderly conduct
• Non-felony marijuana possession with the intent to deliver

However, to be eligible for the automatic sealing of records, some conditions must apply. From the date of your conviction, you must not have had any other convictions or deferred dismissals for offenses outside the eligible list. Additionally, a minimum of seven years must have passed since your conviction, and during this period, you must not have committed any other crimes in any state.

If your misdemeanor conviction is not eligible for automatic sealing, you may be able to petition the court to have it sealed - except for offenses like DUI or assault and battery of a household member. To qualify, you must meet the following criteria:

• You have never been convicted of a Class 1 or Class 2 felony.
• You have not been convicted of a Class 3 or Class 4 felony in the past 20 years.
• You have had no felony convictions within the last 10 years.
• At least seven years have passed since your conviction.
• You have not been convicted of any crime anywhere in the U.S. during those seven years.
• If your offense was related to alcohol or drug use, you must demonstrate rehabilitation.

The expungement and sealing process in Virginia follows similar steps. The expungement process in the state typically follows this process:

• Obtain the Petition Form: Download the " Petition for Expungement" form from Virginia's Judicial System website or request a copy from the court clerk.
• Complete the Form: Fill out the petition.
• Make Copies: Request the court clerk to make a copy of the completed petition and keep extra copies for your records.
• File the Petition: Submit your petition to the circuit court where you were charged. The petition must also be delivered to the Commonwealth Attorney, usually handled by the county sheriff.
• Pay the Fees: The filing fee is $86, with an additional $12 service fee if filed through the sheriff. If your case involves identity theft, the petition is free.
• Fingerprinting Requirement: Get fingerprinted at a Virginia State Police (VSP) department and pay a $15 fee. The VSP will conduct a background check and send the results to the court, typically within 4-6 weeks.
• Court Review: The Commonwealth Attorney has 21 days to object. If there are no objections and you qualify, the court may grant the expungement.
• Final Decision: If approved, the court will order the expungement and notify you.

Note that Virginia has eliminated the court filing fee for petitions to seal records under the new sealing law.

How To Search Federal Court Records in Virginia

There are two federal courts in Virginia: The Eastern District Court of Virginia and the Western District Court of Virginia. These two courts handle cases such as bankruptcy cases, constitutional matters, federal law violations, and lawsuits against federal agencies in Virginia.

The clerks in these courts maintain the records of each court. While online access is available to the records of these courts via the Public Access to Court Electronic Records (PACER) system, offline access is possible by visiting the courthouses to submit an in-person request at the office of the clerk of the court. At the office of the court clerk, you will need to provide case details such as the names of the parties, case number, or filing date to facilitate the search. To use the PACER system:

• Visit PACER and create an account.
• Search for cases by party name, case number, or court location.
• Pay the applicable fees (typically $0.10 per page, with a maximum charge per document).

How To Get Virginia Court Records Online for Free?

Free access to Virginia court records is available via the online case information access links provided on the Virginia judicial system website. You may use the links available on the website to access court records for the supreme court, court of appeals, circuit courts, and the general district courts in the state.

Virginia court records are also available on reliable third-party databases online. One such online database is peoplerecords.us, which aggregates public records from various official sources.