Virginia Public Records

How the Virginia Freedom of Information Act works

The Virginia Freedom of Information Act is Va. Code § 2.2-3700 and following (text of the Act). Under § 2.2-3704, public records are open to citizens of the Commonwealth and to representatives of newspapers, magazines, radio and television stations that circulate or broadcast in Virginia. A request must identify the records with reasonable specificity; it does not need to cite the Act. The custodian may ask for your name and legal address.

Deadline: within five working days the public body must hand over the records or answer in writing that they are withheld in full, withheld in part, not found, or cannot be produced in five days. That last answer gives it seven more work days, or 60 work days for criminal investigative files. No answer counts as a denial (§ 2.2-3704 B and E).

Fees: reasonable charges not over the actual cost of accessing, duplicating, supplying or searching for the records. You can ask for a cost estimate first, and a deposit can be required when charges are likely to exceed $200 (§ 2.2-3704 F and H).

Appeals: a person denied access files a petition for mandamus or injunction in the general district court or circuit court; for a state agency, in the court of the requester's residence or the City of Richmond. The petition must be heard within seven days, and a petitioner who substantially prevails can recover costs and attorney fees (§ 2.2-3713). That section sets no deadline for filing the petition.

What you cannot get in Virginia

• Another person's full criminal history: criminal history record information is released only to the people and agencies listed in § 19.2-389. A State Police name search on form SP-167 shows Virginia convictions only and needs the notarized signature of the person searched.
• Juvenile court files: juvenile case files are kept apart from adult files and are open only to the judge, court staff, the parties' attorneys, supervising agencies and others the court allows by order (§ 16.1-305).
• Criminal investigative files: these are left to the custodian's discretion (§ 2.2-3706.1 C and D). Police must still release criminal incident information on felonies (§ 2.2-3706.1 B), and the identity of an adult arrested and charged, the status of the charge and the booking photograph (§ 2.2-3706 A).
• Recent vital records: birth records become public after 100 years and death, marriage, divorce and annulment records after 25 years; before that, copies go only to those the law allows (§ 32.1-271).

Expungement and sealing in Virginia

Expungement (§ 19.2-392.2) covers a charge that ended in acquittal, nolle prosequi or dismissal, and a person whose name was used by someone else who was charged. From December 1, 2026, it covers any charge that did not end in a conviction, unless guilt was found or stipulated and the case was deferred. The petition is filed in the circuit court of the county or city where the case was disposed of, with no court fees.

Sealing by petition (§ 19.2-392.12): a conviction or a deferred and dismissed charge for a misdemeanor, a Class 5 or 6 felony or a larceny felony under § 18.2-95, with an offense date on or after January 1, 1986. File in the circuit court where the case was disposed of; there are no court fees, and only two petitions can be granted in a lifetime. The petitioner must have no Class 1 or 2 felony or other felony punishable by life, no Class 3 or 4 felony in the past 20 years and no other felony in the past 10 years, and no new reportable conviction for seven years after a misdemeanor or ten years after a felony.

Automatic sealing (§ 19.2-392.6): the misdemeanor convictions listed in that section are sealed once seven years pass from the conviction with no new reportable conviction. The court's criminal sealing forms are on vacourts.gov.

How to get your own Virginia criminal record

The Virginia State Police keeps the Central Criminal Records Exchange. Its Civil and Applicant Records Exchange (CARE) answers requests on form SP-167.

1. Create the SP-167 form on the State Police criminal record check page and print it.
2. Sign Section 1 in front of a notary. If the results go to someone else, that person signs Section 2 before a notary too.
3. Mail it with the fee: $15 for a criminal history search, or $20 with a Sex Offender Registry search (SP-167 instructions). The State Police page gives the mailing address as Virginia State Police, CARE, 7700 Midlothian Turnpike, North Chesterfield, Virginia 23235.
4. The name search lists Virginia convictions only. To see charges, dismissals and pending charges, attach a completed fingerprint card.
5. The State Police states normal turnaround is 15 business days after it receives the form, with no expedited or same-day service.
6. To check and correct your record, you have the right to inspect it at the Exchange under § 9.1-132.

Virginia record laws to know

• Va. Code § 2.2-3700 to 2.2-3715 (Virginia Freedom of Information Act): access to public records and meetings, deadlines, fees and court enforcement.
• Va. Code § 19.2-389: who may receive criminal history record information from the State Police.
• Va. Code § 9.1-900 and following: the Sex Offender and Crimes Against Minors Registry, kept by the State Police.
• Va. Code § 17.1-208: records kept by circuit court clerks are open to inspection by any person, with copies for a reasonable fee, unless another law makes them confidential.