Need more information? Check out our guides to Virginia arrest records and Virginia background checks.

 

What are public records?

Public records are documents held by the government that members the general public has the right to access and view. They may exist as tangible paper copies of records held by in a government repository or as electronic records within an online database. 

Common types of public records include criminal records, court records, and vital records such as birth and death certificates. Public records can be accessed by the general public by making a public records request to the appropriate government agency.

Which federal law deals with public records in the United States? 

The Freedom of Information Act (FOIA) of 1967 is the major federal law regarding public records in the United States. The FOIA requires federal government agencies to release documents to the public when they make a records request, as long as the record in question doesn’t fall under one of nine exemptions outlined in the law. However, most people do not take advantage of the FOIA, and most record requests are made by businesses, law firms, and professionals.

Generally, if public records are to be used for a commercial purpose, the requester of the record must notify the agency of their intent while submitting the request.  

What is Virginia’s public records law?

The Virginia Freedom of Information Act guarantees the public the right to access public records held by government agencies in Virginia. The law considers public records to be all documents, regardless of form, that are created or held by public bodies relating to public business. 

Under the set of laws, any Virginia citizen may make a public records request, yet incarcerated felons are limited in their ability to request records. No statement of purpose is required when requesting a record, and there are no restrictions on the use of records. Public bodies have a 5-day time limit to respond to a public records request. 

Examples of Virginia Public Records

Virginia public records include, but are not limited to:

The following are NOT public records in Virginia:

Where can I access Virginia public records?

Business Records

Court Records

Criminal Records

Historical Records

Sex Offender Information

Vital Records

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