Open Records

Virginia’s public records law is the Virginia Freedom of Information Act (FOIA), Va. Code §§ 2.2-3700 to 2.2-3714. It grants Virginia residents the right to inspect or receive copies of public records.

Who can request records

Virginia residents have the right to request records under FOIA – some public bodies apply this requirement more strictly than others; contact the specific agency about residency verification if it’s a concern for your situation.

What’s covered

Public records held by state and local public bodies in Virginia, subject to specific statutory exemptions. Common exemptions include certain criminal investigation and police report materials, tax returns, medical records, personnel matters, real estate negotiation records, attorney-client privileged materials, and internal working papers.

How to request

FOIA doesn’t require a request to be in writing or to explicitly cite FOIA by name – though putting the request in writing helps both parties by creating a clear record. Requests can be made by mail, email, phone, or in person, addressed to the relevant public body’s designated FOIA Officer.

Response timeline

The public body must respond within 5 working days (the day after receipt is “day one”). The response must be one of: provide the records in full, withhold all records citing a specific exemption, provide some records while withholding others (with an exemption cited for what’s withheld), state that it isn’t practical to determine record availability within 5 days, or state that the requested records aren’t held by that body (redirecting to another agency if known). If more time is needed, the body can invoke a 7-business-day extension, provided it does so within the initial 5-day window and states a specific reason (e.g., records need attorney review, or the custodian is unavailable). For very large requests that can’t reasonably be completed within 12 working days, the public body may petition a court for additional time – but only after making a reasonable effort to reach an agreement with the requester first.

Fees

– A public body may charge reasonable fees not exceeding its actual cost for accessing, duplicating, supplying, or searching for records – including staff time, but never general overhead costs. – No “extraneous, intermediary, or surplus” fees may be added to recoup the general costs of maintaining records or running the public body’s business. – Duplicating fees can’t exceed the actual cost of duplication. – Requesters have the right to ask for a cost estimate in advance. – If the estimated cost exceeds $200, the public body may require a deposit (not to exceed the estimate) before proceeding. – Some agencies waive an initial free tier – for example, a common practice is waiving fees when cumulative staff time is under 5 hours, or providing a set dollar amount of free processing (e.g., first $25) before charges apply; specifics vary by agency. – Every covered public body must maintain a written policy explaining how it assesses these charges and its current fee rates.

Exemptions

Beyond the categories noted above, exemptions are detailed throughout the FOIA statute (particularly § 2.2-3705.1 through § 2.2-3705.8) covering specific subject areas like personnel, real estate, and security planning.

If your request is denied

The Freedom of Information Advisory Council (part of the Division of Legislative Services) is available to answer questions and mediate informally – an accessible first step before formal action. Requesters can also pursue relief in court if a public body improperly withholds records.

A note on terminology

Virginia’s law is officially the “Virginia Freedom of Information Act” (FOIA) – the same basic type of law that other states call an “Open Records Act,” “FOIA Laws” (South Carolina, which uses the same name), or “Public Records Laws” (Tennessee).