How do I file a public records request in Virginia?
1. Statute. Virginia Freedom of Information Act, Va. Code §§ 2.2-3700 to 2.2-3714. Liberally construed in favor of disclosure.
2. Who Can Request. Limited to Virginia citizens, members of the news media, and representatives of news media outlets serving Virginia residents (§ 2.2-3704(A)). Non-residents have no right of access under VFOIA.
3. Form of Request. Oral or written; no specific form. Identification of records with reasonable specificity required. Agency may ask for clarification.
4. Agency Response Deadline. 5 working days from receipt (§ 2.2-3704(B)). Agency may extend by 7 additional working days with written notice if records cannot be reasonably produced. May also petition court for additional time.
5. Fees. Reasonable cost of accessing, duplicating, supplying, or searching for records—not to exceed the actual cost (§ 2.2-3704(F)). Hourly rate of lowest-paid qualified employee. Estimate required if cost will exceed $200; agency may require deposit.
6. Exemptions. § 2.2-3705.1 to 2.2-3705.8: personnel info, working papers of public officials (deliberative), attorney-client privilege, attorney work product, contract negotiations, juvenile records, scholastic records, criminal records (limited), trade secrets, sealed records, vendor proprietary info.
7. Redaction. Agency must redact exempt info and provide the remainder (§ 2.2-3704(B)).
8. Denial & Appeal. Written denial citing specific statutory exemption required within 5 working days (§ 2.2-3704(B)). No administrative appeal; proceed to court. The Virginia FOIA Council provides free advisory opinions.
9. Court Action. Petition for mandamus or injunction in general district or circuit court (§ 2.2-3713). Expedited proceeding.
10. Penalties. Civil penalty $500-$2,000 for first violation; $2,000-$5,000 for subsequent violations within 24 months (§ 2.2-3714). Attorney fees and costs may be awarded to substantially prevailing requester unless special circumstances exist (§ 2.2-3713(D)).
This is legal information, not legal advice.
- Agency claims you're not a Virginia citizen and refuses to respond
- Records involve the General Assembly, governor's working papers, or police investigations
- You want to file in court seeking civil penalties or attorney fees
- Va. Code §§ 2.2-3700 to 2.2-3714 (VFOIA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.