Virginia Freedom of Information Act

Response Timeline

Business days (excludes weekends and holidays). Agency must respond within 5 business days by providing records, denying request, or stating it needs up to 7 additional business days. 'Day One' is the day after request is received.

Virginia Code § 2.2-3704 limits access to 'citizens of the Commonwealth,' plus representatives of newspapers/magazines/broadcast media with Virginia circulation/broadcast. 'Citizen' includes those born in VA who haven't in good faith become citizens of another state, OR those born elsewhere/naturalized who 'may be or become a resident' of VA. This citizenship requirement was upheld by the U.S. Supreme Court (does not violate Privileges and Immunities Clause or dormant Commerce Clause).

How to Submit a Request

Accepted Methods

• Email
• Mail
• In person
• Fax
• Portal

Most agencies accept email requests. Some use online portals. Requests should identify records with reasonable specificity. No formal form required, but many agencies provide sample templates.

Required Elements

• Description — Reasonably identify the requested records - must be specific enough for agency to locate
• Contact info — Provide way for agency to respond (name, address, phone, or email)

Optional Elements

• Preferred format — Request electronic format if preferred - may reduce or eliminate duplication costs
• Inspection vs copies — State whether you want to inspect records or receive copies - inspection has no cost

Fees

Unlike federal FOIA, Virginia explicitly prohibits 'extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body.' Fees must reflect actual costs only. Requester may ask for advance estimate.

Fee Waivers

• Inspection (No Cost)
• Agency Discretionary Waiver

Virginia FOIA does not have formal fee waiver categories like federal FOIA. However, many agencies waive small fees as a matter of policy or practice. Inspection of records at the agency is always free.

Exemptions

• Personnel Records (§ 2.2-3705.1(1))
  Personnel records concerning identifiable individuals (except access not denied to the subject)
• Medical and Mental Health Records (§ 2.2-3705.5)
  Health and mental health records, social services records identifying clients/recipients
• Scholastic Records (§ 2.2-3705.1(4))
  Scholastic records containing information concerning identifiable individuals
• Criminal Investigative Files (§ 2.2-3706)
  Criminal investigative files and ongoing investigations - may be disclosed after case conclusion
• Administrative Investigation Work Product (§ 2.2-3705.1(3))
  Legal memoranda and work product compiled for litigation or active administrative investigation
• Attorney-Client Privilege (§ 2.2-3705.1(2))
  Records protected by attorney-client privilege or attorney work product
• Proprietary/Trade Secrets (§ 2.2-3705.6(3))
  Trade secrets, proprietary information, financial information submitted by business (if disclosure would harm competitive position)
• Public Safety/Security (§ 2.2-3705.2)
  Records relating to security measures, vulnerability assessments, emergency response plans
• Vendor Proprietary Information (§ 2.2-3705.1(6))
  Proprietary information of contractors or potential contractors submitted in procurement
• Donor Records (§ 2.2-3705.7(17))
  Donor information for public institutions of higher education

Virginia has over 100 exemptions scattered throughout § 2.2-3705.1 et seq. Many are agency-specific. Exemptions are discretionary ('may be withheld') unless statute says 'shall not be disclosed.' Burden is on agency to justify withholding.

Appeal Process

Virginia has NO formal administrative appeal process. You can go directly to court after a denial. The FOIA Advisory Council (created 2000) provides free mediation and advisory opinions but these are non-binding. Going to court does not require exhausting any administrative remedies first.

Request Templates

Records Retention

Va. Code 42.1-76 et seq.; 42.1-85

View retention law →

Retention schedule catalog →

The VPRA establishes uniform procedures for managing and preserving public records. No agency shall destroy records unless they appear on an approved retention schedule with an expired retention period. Records containing identifying information must be destroyed within six months of retention period expiration.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Virginia →
• NFOIC State FOI Resources →