Public records in Virginia
What Virginia’s records law is called, how to write a useful request, where different records live, and what to expect from the agency that receives it.
Statute verified
The law
Virginia Freedom of Information Act
Va. Code Ann. § 2.2-3700 et seq.
Verified against the Open Government Guide entry for Virginia.
State-specific request guide
Filing in Virginia
Guidance checked
- Who can request
- Virginia FOIA rights apply to citizens of the Commonwealth and qualifying news-media representatives. A public body may ask for a name and legal address to verify eligibility.
- How to file
- Ask the public body that holds the records and identify them with reasonable specificity. A request can be oral or written, but writing preserves the wording and date and makes later enforcement easier.
- Initial response
- A public body generally must provide one of the law's permitted responses within five working days. When records cannot practically be produced or assessed in that period, it may invoke an additional seven working days for an ordinary request.
- Possible fees
- A public body may make reasonable charges not exceeding its actual cost to access, duplicate, supply, or search for records. You may request an advance estimate, and the body may require a deposit for estimates above $200.
- If access is denied
- A denial must be in writing, identify the volume and subject of withheld records, and cite the specific legal authority. The Virginia FOIA Council offers guidance; enforcement actions are filed in court.
What Virginia Freedom of Information Act actually does
It gives you a right to request records held by government bodies in Virginia, and it obliges those bodies to respond. That is a right of access to what an agency holds - not a search engine, and not a database of people.
Two consequences people are regularly surprised by. First, a records law says nothing about information held by private companies: employers, landlords, banks and social platforms are outside it entirely. Second, the right is to records, not to answers - you generally have to identify what you want well enough for someone to find it, and “everything you have about this person” is usually not a valid request.
Every state also exempts categories of record from disclosure, and those exemptions are where most of the complexity lives. Assume the existence of a record is a separate question from whether it is releasable.
A request you can adapt
Start with the official guidance above when it requires a form or a particular submission route. Otherwise, this structure helps an agency identify existing records without turning your request into an open-ended question.
This is a drafting aid, not an official state form. Save the request, proof of delivery, every cost estimate, and every response in one place.
Where the records actually live
There is no single office. Records are held by whichever body created them, which is why “how do I get X in Virginia” has a different answer for each X:
- Court records - held by the court that heard the case. Some states run a statewide portal; others are county by county, and a few are both.
- Property records - usually the county recorder, assessor, or registry of deeds, and often searchable online.
- Vital records - birth, death, marriage, divorce. Held by a state vital-records office, a county clerk, or split between them, and typically the most restricted category.
- Criminal history - held by a state agency, with access rules that differ sharply from state to state.
- Business filings- the state’s corporate registry, generally the most open of the categories.
We’ve deliberately not named the specific office for each of these. They differ by record type and by county, they change, and a confident wrong pointer costs you an afternoon. Search for the record type plus Virginia on a .gov domain, and start from the office that would have created the record.
The line that matters more than the statute
Records being public does not make every use of them lawful. In the United States the Fair Credit Reporting Act governs information used to decide someone’s eligibility for employment, credit, housing, insurance, or tenancy.
For those decisions you need a consumer reporting agency operating under the FCRA, with the subject’s consent and their right to see and dispute what was reported. A public-records search - ours included - meets none of those requirements, and DeepSearch states plainly that it is not a consumer reporting agency. That is a real constraint, not boilerplate.
Reading a public record to satisfy yourself that someone is who they say they are is ordinary. Using it to monitor or pressure a person who doesn’t want to hear from you is not, and the information having been public is not a defence.
This is general information, not legal advice. Records laws are amended and interpreted by courts; if a decision matters, take proper advice.
Source
Reporters Committee for Freedom of the Press - Open Government Guide - Virginia entry - Virginia FOIA Council - Access to Public Records guide. Statute name and citation read at the source on 10 August 2026.