How to File a Public Records Request in Virginia
The Virginia Freedom of Information Act (VFOIA), codified at Code of Virginia § 2.2-3700 et seq., guarantees citizens of the Commonwealth and representatives of qualifying media access to public records held by public bodies, officials, and employees. All public records are presumed to be open; a record may only be withheld if a specific statutory exemption applies. The law must be interpreted liberally in favor of access, and any exemption must be construed narrowly. Public bodies must respond to requests within five working days of receipt — either by providing the records, citing the applicable exemption, partially producing records with redactions, or notifying the requester that more time is needed (triggering an additional seven working days). Virginia does not require requesters to state a purpose or justify their requests. Note: only Virginia citizens and qualifying media representatives may make requests under VFOIA.
The Virginia Freedom of Information Act
- Statutory Citation
- Code of Virginia §§ 2.2-3700 through 2.2-3714
- Response Deadline
- 5 working days
- Fee Provisions
- Public bodies may charge reasonable fees not to exceed their actual cost incurred in accessing, duplicating, supplying, or searching for requested records. No extraneous, intermediary, or surplus fees may be imposed to recoup general overhead costs. Duplicating fees may not exceed actual duplication cost. Requesters have the right to receive a cost estimate in advance. If an estimate exceeds $200, the public body may require a deposit before proceeding. Virginia FOIA contains no fee waiver provision.
- Key Exemptions
- VFOIA lists more than 100 exemption categories in Code of Virginia §§ 2.2-3705.1 through 2.2-3705.8. Major categories include personnel records, records subject to attorney-client privilege and attorney work product, certain law enforcement and criminal investigative records, medical and health records, scholastic records identifying students, records related to security or anti-terrorism measures, working papers of public officials, and records related to the negotiation and award of contracts prior to award. Exemptions are discretionary — agencies may choose to disclose even exempt records.
- Appeal Process
- Virginia FOIA does not provide an administrative appeal process within the agency. A requester denied records may petition the general district court or circuit court for the jurisdiction where the public body is located for a writ of mandamus or injunction under § 2.2-3713. The public body bears the burden of proving any exemption by a preponderance of the evidence. A prevailing requester who substantially prevails on the merits is entitled to recover reasonable costs and attorney fees under § 2.2-3713(D), unless special circumstances make an award unjust. Requesters may also seek a nonbinding advisory opinion from the Virginia Freedom of Information Advisory Council before or instead of litigation.
- Ombudsman
- The Virginia Freedom of Information Advisory Council (foiacouncil.dls.virginia.gov) is a state agency that provides advisory opinions, training, and guidance on VFOIA disputes. It can be reached at (804) 698-1810 or toll-free at 1-866-448-4100; its opinions are nonbinding but frequently relied upon by public bodies and courts.
Read the full text of the Virginia Freedom of Information Act
City FOIA Guides in Virginia
Select a city below for a detailed guide on how to file a public records request with that municipality.
Need Help with Public Records in Virginia?
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