Your Comprehensive Guide to Virginia Public Records
Virginia Public Records
Public records in Virginia are documents, papers, letters, maps, books, photographs, films, sound recordings, reports, or other material, regardless of physical form or characteristics, that are prepared, owned, or in the possession of a public body or its officers, employees, or agents in the transaction of public business. These records provide transparency into government operations and are accessible to citizens under the Virginia Freedom of Information Act (VFOIA).
Virginia maintains a comprehensive system of public records management across various state agencies and local governments. These records document the activities, decisions, and transactions of public bodies, serving as an essential resource for research, legal matters, genealogy, and government accountability.
Are Virginia Records Public?
Yes, most records created or maintained by Virginia state and local government agencies are considered public records. The Virginia Freedom of Information Act (VFOIA), codified in § 2.2-3700 through § 2.2-3714 of the Code of Virginia, establishes the presumption that all government records are open to public inspection unless specifically exempted by law.
The VFOIA states that "all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records."
However, it's important to note that while records are presumed to be public, there are numerous statutory exemptions that protect certain types of information from disclosure. These exemptions are designed to balance the public's right to know with privacy concerns, security considerations, and other compelling interests.
What Information Is Included in Virginia Public Records?
Virginia public records encompass a wide range of information created or maintained by government agencies, including but not limited to:
- Vital Records: Birth certificates, death certificates, marriage licenses, and divorce decrees
- Property Records: Deeds, mortgages, liens, property tax assessments, and plat maps
- Court Records: Civil and criminal case files, court orders, judgments, and dockets
- Business Records: Corporate filings, business licenses, and professional registrations
- Vehicle Records: Vehicle registrations, driver's licenses, and accident reports
- Government Operations: Meeting minutes, budgets, expenditures, and contracts
- Election Records: Voter registrations, campaign finance reports, and election results
- Criminal Justice Records: Arrest records, incarceration information, and sex offender registries
- Environmental Records: Permits, inspections, and compliance reports
- Education Records: School district budgets, policies, and statistical reports (not individual student records)
- Personnel Records: Limited information about public employees such as names, positions, and salaries
The specific content of these records varies depending on the agency that creates and maintains them, as well as applicable laws governing record content and retention.
What Does the Virginia Public Records Law Do?
The Virginia Freedom of Information Act (VFOIA), enacted in 1968 and subsequently amended, serves as the primary public records law in Virginia. This law:
-
Establishes a Right of Access: Provides citizens and media representatives with the legal right to inspect and copy public records.
-
Creates Procedural Requirements: Sets forth procedures for requesting records, timelines for agency responses, and reasonable charges for copies.
-
Defines Exemptions: Identifies specific categories of records that may be withheld from disclosure to protect privacy, security, and other important interests.
-
Mandates Open Meetings: Requires that meetings of public bodies be open to the public, with limited exceptions.
-
Provides Enforcement Mechanisms: Allows individuals to file lawsuits to enforce compliance and establishes penalties for willful violations.
Additionally, the Virginia Public Records Act (§ 42.1-76 through § 42.1-91) works in conjunction with FOIA by:
- Establishing standards for the creation, maintenance, and disposition of public records
- Creating the Records Management Program administered by the Library of Virginia
- Requiring agencies to develop and implement records retention schedules
- Prohibiting the destruction of public records except in accordance with approved schedules
Together, these laws promote government transparency, accountability, and the preservation of historically significant information.
How To Find Public Records in Virginia in 2025
Finding public records in Virginia involves identifying the appropriate custodian agency and following their specific request procedures. Here are the general steps to locate and obtain public records:
-
Identify the Custodian Agency: Determine which government agency or department maintains the records you seek. Different types of records are held by different agencies at the state, county, or municipal level.
-
Check Online Resources: Many agencies now provide digital access to commonly requested records through their websites. The Virginia Open Data Portal serves as a central repository for many datasets.
-
Submit a FOIA Request: If the records are not available online, submit a written request under the Virginia Freedom of Information Act to the appropriate agency. While the law does not require a specific form, your request should:
- Be addressed to the agency's FOIA officer
- Clearly describe the records sought
- Include your contact information
- Specify your preferred format (electronic or paper)
-
Pay Any Required Fees: Be prepared to pay reasonable costs for search time, copying, and other services as permitted by law.
-
Follow Up: If you don't receive a response within the statutory timeframe (5 working days, with possible extension), contact the agency's FOIA officer.
For specialized records, you may need to contact specific agencies directly or visit their public service counters in person.
Does Virginia Have Free Public Records?
Virginia law allows agencies to charge reasonable fees for public records, but some records may be available at no cost, particularly when accessed online. The availability of free public records in Virginia depends on several factors:
-
Online Accessibility: Many agencies provide free access to certain records through their websites. For example, the Virginia Courts Case Information System offers free access to basic case information.
-
Inspection vs. Copies: Under VFOIA, you have the right to inspect records during normal business hours at no charge. Fees typically apply only when you request copies.
-
Fee Waivers: Agencies have discretion to waive fees when doing so is in the public interest, though this is not required by law.
-
Volume and Format: Smaller requests or those fulfilled electronically may sometimes be provided at no cost as a matter of agency policy.
It's important to note that while some records may be available for free, agencies are legally permitted to charge for the actual cost of accessing, duplicating, or supplying requested records.
How Much Does It Cost To Get Public Records in Virginia?
Under the Virginia Freedom of Information Act (FOIA) (Va. Code § 2.2‑3704), public bodies may charge only for the "actual cost" incurred in fulfilling records requests. This includes costs for copying, staff time, storage media, or postage—but explicitly excludes overhead or hidden fees. Requesters can ask for a cost estimate and may be required to pay a deposit if the estimate exceeds $200.
1. Copying Fees
-
Electronic records provided electronically: No copying fee.
-
Paper copies: Typically based on direct costs:
- Loudoun County: $0.08/page for black & white, $0.15/page for color.
- Staunton Circuit Court Clerk's Office: $0.50/page (paper or electronic), plus $2 for a certified copy and $2.50 for a sealed (triple-seal) copy.
- City of Staunton (general): Also $0.50/page for printed or emailed copies, plus additional fees for media or redactions.
2. Media and Delivery Costs
- CDs or flash drives: Example rates include $5 per CD or flash drive in Staunton.
- Loudoun County: May charge for CDs/DVDs or flash drives at their actual cost.
3. Staff Time & Search Fees
-
Agencies can charge for staff time required to search for, retrieve, or redact records:
- Staunton: $17.50/hour for clerk’s operations; other employees billed at their actual hourly rate.
- Loudoun County: Staff time, copying, etc., factored into total cost estimate; deposit may be required if cost exceeds $200.
- City of Norfolk: Charges staff time and copying/media costs; e.g., $0.15/page, $1 for CDs, $10 for 2GB flash drives. Staff time is billed at actual hourly rates.
4. Deposit Policy
If estimated costs exceed $200, agencies may require a deposit before processing your request. Upon completion, any difference between the deposit and actual cost will be reconciled.
5. Cost Estimate Option
Requesters may ask for a cost estimate before the request is processed. The estimate itself is counted against the total cost and can be modified if desired.
How Long Does It Take to Obtain Public Records in Virginia?
Under the Virginia Freedom of Information Act, public bodies must respond to records requests within specific timeframes:
-
Initial Response: Agencies must respond within 5 working days of receiving a request. This response may:
- Provide the requested records
- Inform you that the records will be provided but require additional time
- Deny the request with specific exemption citations
- Indicate that the records could not be found or do not exist
-
Extension Period: If the agency cannot provide records within the initial 5-day period, it may invoke a 7-working-day extension by providing written notice explaining the conditions requiring additional time.
-
Unusual Circumstances: For particularly complex or voluminous requests, agencies may petition the court for additional time beyond the standard extension.
Actual processing times vary significantly based on:
- The complexity and scope of the request
- The volume of responsive records
- Whether records require review and redaction
- The agency's current workload and staffing
- Whether third-party notifications are required
For commonly requested records that are routinely processed (such as birth certificates or property records), turnaround times may be much shorter, sometimes even same-day service for in-person requests at agency public counters.
What Records Are Confidential In Virginia?
While Virginia law presumes that government records are open to the public, the Virginia Freedom of Information Act establishes numerous exemptions for records that may be withheld from disclosure. Some key categories of confidential records include:
Personal Privacy Exemptions:
- Personal information in public employee records
- Medical and health records
- Scholastic records of students
- Personal contact information and social security numbers
- Library records revealing the identity of library users
Public Safety Exemptions:
- Records related to public safety and critical infrastructure
- Tactical plans for responding to terrorist activity
- Security plans and vulnerability assessments
- Certain law enforcement records that would jeopardize investigations
Legal and Administrative Exemptions:
- Attorney-client privileged communications
- Attorney work product prepared for litigation
- Records subject to executive privilege
- Certain procurement records during the negotiation process
- Trade secrets and proprietary business information
Other Protected Records:
- Certain economic development records
- Testing and examination materials
- Certain financial records of public utilities
- Records protected by other state or federal laws
It's important to note that many of these exemptions are discretionary, meaning agencies may choose to release the records despite the exemption if disclosure would not cause harm and is in the public interest. Some exemptions, however, are mandatory under state or federal law.
Additionally, Virginia law often allows for partial disclosure, requiring agencies to redact exempt information while releasing the remainder of the record when possible.
Who Has the Right To Request Public Records in Virginia
Under the Virginia Freedom of Information Act, the right to request public records is extended to:
- Citizens of the Commonwealth of Virginia
- Representatives of newspapers and magazines with circulation in Virginia
- Representatives of radio and television stations broadcasting in or into Virginia
The law was amended in 2021 to expand access to include:
- Representatives of magazines, newspapers, and radio and television stations with circulation or broadcast outside Virginia
- Non-citizens who publish Virginia-related news through any medium
Notably, Virginia's FOIA does not extend universal access rights to all persons regardless of citizenship or residency status, unlike some other states' public records laws. However, many agencies choose to respond to requests from non-citizens as a matter of policy or courtesy.
Requesters do not need to state a purpose or reason for their request, and agencies cannot require requesters to identify themselves or explain why they want the records. The law specifically states that a requester's purpose cannot be a basis for denying access to records.
What Can Be Done With Public Records in Virginia
Public records obtained through Virginia's Freedom of Information Act can be used for various legitimate purposes, including:
- Research and Education: Academic research, historical studies, and educational projects
- Business Activities: Market research, property development, and competitive analysis
- Legal Matters: Case preparation, evidence gathering, and due diligence
- Journalism: Investigative reporting, fact-checking, and news stories
- Government Accountability: Monitoring public spending, policy implementation, and official conduct
- Personal Use: Family history research, property transactions, and background information
While there are generally no restrictions on how legally obtained public records may be used, certain considerations apply:
- Copyright Protection: Some public records may contain copyrighted material, which could limit reproduction or commercial use
- Privacy Concerns: Even though information may be legally obtained, ethical considerations may apply regarding the publication of personal information
- Commercial Solicitation: Some states restrict using certain public records (particularly DMV records) for commercial solicitation, though Virginia's restrictions are more limited
- Data Compilation: Creating databases from public records for commercial purposes is generally permitted but may be subject to specific regulations in certain contexts
Users of public records should be aware that while the information is legally obtained, they remain responsible for how they use that information and may be subject to other laws governing privacy, defamation, or commercial activities.
Key Agencies and Departments for Public Records in Virginia
Virginia Department of Administration and Technology Services
Office of the Secretary of Administration
Patrick Henry Building
1111 East Broad Street, 4th Floor
Richmond, VA 23219
(804) 786-1201
Virginia Department of Administration and Technology Services
Virginia Department of Motor Vehicles (DMV)
DMV Headquarters
2300 West Broad Street
Richmond, VA 23220
(804) 497-7100
Virginia Department of Motor Vehicles
Virginia Department of Health - Division of Vital Records
Main Office
2001 Maywill Street, Suite 101
Richmond, VA 23230
(804) 662-6200
Virginia Department of Health - Division of Vital Records
Virginia Department of State Police
Administrative Headquarters
7700 Midlothian Turnpike
North Chesterfield, VA 23235
(804) 674-2000
Virginia State Police
Virginia Judiciary
Supreme Court of Virginia
100 North 9th Street
Richmond, VA 23219
(804) 786-6455
Virginia's Judicial System
Library of Virginia (State Archives)
Main Library and Archives
800 East Broad Street
Richmond, VA 23219
(804) 692-3500
Library of Virginia
Virginia State Corporation Commission
Tyler Building
1300 East Main Street
Richmond, VA 23219
(804) 371-9967
Virginia State Corporation Commission
Virginia Employment Commission
Central Office
6606 West Broad Street
Richmond, VA 23230
(804) 786-1485
Virginia Employment Commission
Virginia Department of Education
James Monroe Building
101 North 14th Street
Richmond, VA 23219
(804) 225-2020
Virginia Department of Education
Virginia Department of Environmental Quality
Central Office
1111 East Main Street, Suite 1400
Richmond, VA 23219
(804) 698-4000
Virginia Department of Environmental Quality
Virginia Department of Wildlife Resources
Headquarters
7870 Villa Park Drive, Suite 400
Henrico, VA 23228
(804) 367-1000
Virginia Department of Wildlife Resources
Virginia Department of Taxation
Main Office
1957 Westmoreland Street
Richmond, VA 23230
(804) 367-8031
Virginia Department of Taxation
Virginia General Assembly
Pocahontas Building
900 East Main Street
Richmond, VA 23219
(804) 698-1500
Virginia General Assembly
Virginia Department of Transportation
Central Office
1401 East Broad Street
Richmond, VA 23219
(800) 367-7623
Virginia Department of Transportation
Office of the Attorney General
202 North Ninth Street
Richmond, VA 23219
(804) 786-2071
Virginia Attorney General
Virginia Housing
Main Office
601 South Belvidere Street
Richmond, VA 23220
(804) 782-1986
Virginia Housing
City of Richmond Clerk's Office
City Hall, Room 101
900 East Broad Street
Richmond, VA 23219
(804) 646-7955
Richmond City Clerk
How to Appeal a Denied Public Records Request in Virginia
If your request for public records in Virginia is denied, you have several options for appeal:
1. Informal Resolution
- Contact the agency's FOIA officer to discuss the denial
- Request clarification on the specific exemptions cited
- Consider narrowing or modifying your request to address agency concerns
2. Petition for Writ of Mandamus
If informal resolution is unsuccessful, you may file a petition for writ of mandamus in the circuit court where the public body is located or where the records are kept. This legal action:
- Must be filed within a reasonable time after the denial
- Should name the public body or official as the respondent
- Must demonstrate that the records are public and not subject to an exemption
3. Virginia FOIA Council Advisory Opinion
You may request an advisory opinion from the Virginia Freedom of Information Advisory Council:
- Phone: (804) 698-1810
- Email: foiacouncil@dls.virginia.gov
While these opinions are not legally binding, they carry significant weight and can help resolve disputes without litigation.
4. Legal Remedies
If the court finds a violation of FOIA, it may:
- Order the production of the requested records
- Award reasonable costs and attorney fees to the petitioner
- Impose civil penalties between $500 and $2,000 for willful and knowing violations
- Impose additional penalties of $500 to $2,000 for subsequent violations
The burden of proof rests with the public body to establish that an exemption applies. The court will interpret FOIA provisions liberally to promote access and will construe exemptions narrowly.
Difference Between Federal and Virginia Public Records
Jurisdiction The Freedom of Information Act (FOIA), 5 U.S.C. § 552, applies exclusively to federal executive branch agencies such as the U.S. Department of Justice, Department of State, and Environmental Protection Agency. FOIA does not cover records maintained by state or local governments. In Virginia, the Virginia Freedom of Information Act (VFOIA), codified at Virginia Code §§ 2.2-3700 through 2.2-3714, governs access to records of state and local public bodies, including counties, cities, towns, school boards, and other political subdivisions.
Exemptions FOIA has nine exemptions that protect records such as:
- Classified national defense and foreign relations information
- Internal agency personnel rules and practices
- Trade secrets and confidential commercial or financial information
- Law enforcement records that could harm investigations or privacy
- Inter- and intra-agency memoranda protected by legal privilege
The VFOIA contains its own list of exemptions, including:
- Personnel records containing personal information
- Criminal investigative files during ongoing investigations
- Juvenile records and certain criminal history information
- Records subject to attorney–client privilege or attorney work product
- Security plans and critical infrastructure information
- Certain tax and financial data
Right to Request Under FOIA, any person—regardless of citizenship or residency—may request federal records. Under VFOIA, the right to request records is generally limited to citizens of Virginia, representatives of newspapers and magazines with circulation in Virginia, and representatives of radio and television stations broadcasting in Virginia. Agencies may still, at their discretion, respond to non-resident requests.
Response Timelines Federal FOIA requires an agency to respond within 20 business days, with possible extensions for unusual circumstances. Under VFOIA, a public body must respond within five working days of receiving a request. This period may be extended by an additional seven working days with written notice to the requester.
Appeals and Enforcement For federal FOIA, if a request is denied, the requester may file an administrative appeal with the agency. If denied again, the requester can bring a lawsuit in U.S. District Court. Under VFOIA, requesters may petition the Virginia General District Court or Circuit Court for relief. Civil penalties can be imposed on officials who knowingly violate VFOIA. Additionally, the Virginia Freedom of Information Advisory Council provides guidance but does not adjudicate disputes.
Fees Both laws allow agencies to charge actual costs for searching, duplicating, and supplying records. FOIA permits fee waivers in the public interest, while VFOIA does not require fee waivers but allows requesters to ask for a cost estimate and may require deposits if the estimated cost exceeds $200.
Penalties for Non-Compliance FOIA violations can result in court orders compelling disclosure, possible reimbursement of attorney’s fees, but no direct criminal penalties for agency officials. VFOIA violations can result in civil penalties of $500 to $2,000 for a first offense, and up to $5,000 for subsequent violations within 12 months (Va. Code § 2.2-3714).
Legal References
- Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
- State Law: Virginia Freedom of Information Act – Virginia Code §§ 2.2-3700 to 2.2-3714
- Guidance & Resources: Virginia Freedom of Information Advisory Council
- Enforcement Authority: Virginia Circuit Courts & General District Courts