Virginia Freedom of Information Act Request Form

What are "public records"?

Public records" are basically anything the government uses to transact public business. Whether written on a computer screen or chiseled onto a rock, if it's about public business, it's a public record.

Can I make a FOIA request for a deed of trust held by the clerk's office?

Yes, if you are at the courthouse asking for a paper copy of the land record. Only land records on the clerks' secure remote access subscription services are outside the scope of FOIA.

How do I know which records to ask for?

Citizens are not expected to know what every government records is called -- either the name, the number or the function. FOIA requires only that a request for records be reasonably specific, but sometimes records custodians genuinely don't understand what is being asked for. The Library of Virginia has a records retention schedule for local and state governments. It describes the types of records the government might hold, and it tells the government how long it must hold on to the record before it can be disposed. The records retention schedules are thus an excellent resource for requesters trying to determine exactly which records they need to ask for. Click here for the schedule of state records, and click here for the schedule of local records.