Virginia Public Records

How the Virginia Freedom of Information Act Actually Works

Virginia's public records law is codified at Va. Code § 2.2-3700 (Virginia Freedom of Information Act). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 5 working days, extendable 7 more days. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: reasonable costs not exceeding actual cost; staff time at hourly rate. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Virginia (the honest answer)

Many directory sites promise things Virginia law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only. Third-party "instant background check" sites that promise a full Virginia criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Virginia's expungement law (Va. Code § 19.2-392.2 (expungement) and § 19.2-392.7 (sealing under HB 2113)) are removed from public criminal history reports.
• Juvenile records are generally confidential under Virginia law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Virginia Freedom of Information Act.
• Booking photos (mugshots) have increasingly restricted commercial use across Virginia and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Virginia

Virginia's record-clearing law is found at Va. Code § 19.2-392.2 (expungement) and § 19.2-392.7 (sealing under HB 2113).

Eligibility: expungement currently for non-convictions only; HB 2113 (2021) created sealing for many offenses, automatic for some, eff. phased 2025.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Virginia record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Virginia Criminal Record

If you need your own Virginia criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Virginia State Police (VSP) Central Criminal Records Exchange (CCRE).

Walkthrough:

1. Choose your method: VSP SP-167 fingerprint-based check $15 + Live Scan operator fee.
2. Complete the required form (most states use a standard request form available from the Virginia State Police website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 2-3 weeks.
5. Review the response. If you find errors, the law at Va. Code § 19.2-389 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Virginia Record Laws You Should Know

• HB 2113 (2021): First sealing law in Virginia; automatic sealing phased in 2025-2026.
• Va. Code § 19.2-389: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Virginia.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Virginia background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.