Virginia Public Records

Virginia public records are all official records that a public body prepares, owns, or maintains in connection with its official duties. They include all recordings and writings that contain letters, words, numbers, or their equivalent, preserved as printing, recording, handwriting, typewriting, photography, magneto-optical form, or another form of data compilation.

Virginia's Public Records Act, formally called the Virginia Freedom of Information Act (FOIA), enables public access to Virginia public records. The law was enacted by the Legislature on July 1, 1968, to promote an increased awareness of government activities and afford every opportunity for members of the public to actively witness governmental operations (Va. Code Ann. § 2.2-3700).

Are Virginia Records Public?

Yes, Virginia records are accessible to the public. Government affairs, albeit official, are not intended to be conducted in secrecy since the citizens are the primary beneficiaries of decisions made at any level of government. Thus, most government records in Virginia are available for inspection and copying upon request under the Virginia Freedom of Information Act. The FOIA provides the people of the Commonwealth with immediate access to records held or maintained by any public agency or its officers that relate to the people's business.

Nonetheless, specific information and records are exempt from the mandatory disclosure provisions of the FOIA, especially records whose release may jeopardize an individual's privacy or security. Examples include.

Personnel records
Documents subject to attorney-client privilege or attorney work product
Vendor proprietary information software
Documents relating to a contract's negotiation and award before the contract is awarded
Working papers and correspondence of the Governor
Appraisals and cost estimates of property subject to a proposed purchase, sale, or lease before the purchase, sale, or lease
Investigative notes and correspondence disclosed in confidence for an investigation or conciliation process relating to an alleged unlawful discriminatory practice under the Human Rights Act
The names, telephone numbers, and addresses of complainants furnished in confidence for an investigation
Reports and court records, case information and related documents concerning involuntary admission
Account numbers or routing data for any credit or debit card or other account with a financial institution of a person or public body
Documents disclosing the location (city or site) that may be critical to an ongoing investigation or will jeopardize the safety of an individual under state or federal witness protection.

Virginia Public Records Act

The Virginia Public Records Act, indexed in Chapter 37 of the Virginia Code as the Freedom of Information Act (FOIA), safeguards the fundamental right of citizens of the Commonwealth to inspect or copy records held by public bodies or their employees. "Public body" refers to any legislative body, authority, bureau, board, commission, district, or agency of the Commonwealth or any of its political subdivisions supported wholly by public funds.

Virginia's FOIA demands that the law be liberally interpreted in favor of public access and all exemptions allowing public records to be withdrawn be narrowly interpreted. Thus, the public may:

Inspect or receive copies of public records.
Request records by US mail, fax, email, in-person, or phone.
Request that any charges for a public record be estimated in advance.
File a petition under § 2.2-3713 in a circuit or district court to compel compliance with the FOIA.

The Freedom of Information Advisory Council can answer all related questions about the FOIA.

How Do I Find Public Records in Virginia?

The Virginia FOIA mandates public bodies to provide their records to members of the public upon request. An individual may obtain a public record in Virginia by submitting a written request in person, by fax, via email, over the telephone, and through the agency's FOIA online public records request system (maintained by some counties like Loudoun) per § 2.2-3704 of the FOIA.

Here are a few guidelines for finding public records in Virginia:

A requester must identify the records they seek with "reasonable specificity." This requires that the request be precise enough for the custodian to locate the documents quickly.
The request must be for existing records or documents; Virginia's FOIA does not give custodians the right to create a non-existent record.
A requester may choose the format they prefer to receive a record, for instance, via email, computer disk, or print format.
Before searching for a public record, a custodian must write to the requester about any additional charges incurred to search, duplicate, or supply the requested records.

Note that, in Virginia, a FOIA request does not have to be in writing.

Find Virginia Public Records Free

Virginia public records are available to all members of the public at no charge, except for the additional charges that apply to copying or printing copies.

For instance, access to records of judicial officers and administrative records maintained within the Virginia judicial system is governed by the FOIA and Part Eleven, Rules of the Supreme Court of Virginia. These records are open to inspection for free through Clerks of Courts offices, subject to any exemption or restriction by law or court order.

However, a court clerk may charge to provide a copy of a record. A requester may request an estimate in advance. If the estimate exceeds $200, the clerk may require a deposit before processing the order.

What Happens if I Am Refused a Public Records Request?

Per § 2.2-3700 of the Virginia FOIA, all exemptions to public records must be explained, and no record should be withheld or closed to the public unless specifically exempt under the FOIA or another law.

Thus, one who believes their FOIA rights have been violated may file a petition in a district or circuit court. Alternatively, the person may contact the Virginia Freedom of Information Advisory Council for a non-binding advisory opinion.

How Long Does It Take to Obtain a Virginia Public Record?

A government agency must respond to a Virginia public record request within five business days of receiving it (§ 2.2-3704(B), Virginia FOIA). If a request is received after work hours, the request will be considered the following working day.

Virginia's FOIA requires that the custodian of a public office provide one of the following responses to a request within five days:

Provide the requested record(s);
Withhold the record(s) if exempt per statute. However, the agency must provide a written explanation containing the specific section in the Code of Virginia that limits a record's disclosure; or
Inform the requester if a record does not exist or cannot be found.

Per the law, a custodian must also respond even when they cannot produce a record within five days, explaining the delay circumstances. This will allow the office seven (7) additional working days to respond (or 60 work days if the request requires criminal investigative files). A custodian can also reach an agreement with the requester concerning the production timeline.