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Virginia's open-government tradition means that millions of records—court filings, criminal histories, property deeds, and vital documents—are legally accessible to the public. Whether you are a researcher, a journalist, a job applicant checking your own file, or a private citizen conducting due diligence, understanding how Virginia's record-keeping system works can save considerable time and frustration.
What Counts as a Public Record in Virginia
Virginia's Freedom of Information Act (commonly called FOIA) establishes the legal right of citizens to inspect and copy official records held by state and local government bodies. Under this law, a public record is broadly any writing, photograph, drawing, or other documentary material—regardless of physical form—that is prepared or owned by a public body in the transaction of public business.
That said, Virginia FOIA contains numerous exemptions. Personnel files, certain law-enforcement investigative records, medical records, some juvenile records, and documents protected by attorney-client privilege are among the categories that agencies may lawfully withhold. The existence of an exemption does not mean a record is automatically withheld—agencies have discretion to release even exempt material if doing so does not cause harm—but requesters should expect that sensitive documents will sometimes be redacted or denied entirely.
Records that are routinely available to the general public in Virginia include circuit court case filings, general district court records, recorded land deeds, business entity registrations, state budget documents, and meeting minutes of local governing bodies. Vital records and many criminal history records are more tightly restricted, as explained below.
How to Search Virginia Court Records
Virginia operates a unified court system with four main levels: the Supreme Court of Virginia, the Court of Appeals of Virginia, circuit courts (which are the main trial courts of general jurisdiction), and general district courts (which handle smaller civil claims, traffic matters, and misdemeanors). Juvenile and domestic relations district courts handle matters involving minors and family law.
The primary public-facing tool for finding case information is the Virginia Judiciary Online Case Information System. This statewide portal lets anyone search circuit court and general district court records by party name or case number without visiting a courthouse. The system displays basic docket information—case type, hearing dates, dispositions, and parties—for a broad range of civil and criminal cases.
It is important to understand the limits of the online system. Not every document in a case file is digitized or publicly posted online. To obtain the full case file—including motions, exhibits, orders, and transcripts—you typically must contact the clerk of the circuit court in the jurisdiction where the case was heard. Virginia has 120 circuit court jurisdictions, each with its own clerk's office. Fees for copies vary by county and record type, so contact the relevant clerk's office directly to confirm current charges.
For appellate decisions, the published opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia are generally available through the judiciary's official website. Older unpublished decisions may require a request to the court's clerk.
Virginia Criminal Records and Background Checks
Criminal history record information in Virginia is maintained and distributed by the Virginia State Police. The State Police serves as the central repository for felony and misdemeanor conviction records reported by courts and law-enforcement agencies across the commonwealth.
There are two primary types of criminal history checks available through the Virginia State Police:
- Name-based check: A search conducted using a person's name and date of birth. This type of check is faster and does not require in-person fingerprinting, but it is less definitive because names can be common or misspelled, and aliases may not surface.
- Fingerprint-based check: A search that matches fingerprint cards or electronic scans against the state and, optionally, the FBI's national database. Fingerprint-based checks are more accurate and are required for many licensing, employment, and volunteer screening purposes governed by Virginia law.
Who can request what matters significantly in Virginia. An individual has the right to request their own criminal history record from the Virginia State Police for the purpose of reviewing its accuracy. Certain authorized entities—such as employers in regulated industries, child-welfare organizations, and licensed care providers—can request records on applicants or employees when Virginia law specifically authorizes it. General members of the public cannot simply request another private individual's full criminal history from the State Police.
Many people instead use third-party consumer background-check services or people-search platforms to look up general criminal record information. If you are considering this approach, first read about whether a free background check can meet your needs, and be aware of an important legal distinction: consumer people-search tools aggregate publicly available court data and are intended for personal informational use only. They are not compliant with the Fair Credit Reporting Act (FCRA) and cannot legally be used as the basis for employment decisions, tenant screening, or credit determinations. Misusing such tools in those contexts exposes you to legal liability. You should also understand is it legal to background check someone before running a search on another person.
Vital Records: Birth, Death, Marriage and Divorce
Birth certificates, death certificates, marriage licenses, and divorce records in Virginia are managed by the Virginia Department of Health, Division of Vital Records, based in Richmond. The Division maintains records dating back to 1853 for deaths and 1912 for births, though coverage and completeness vary for the earliest years.
Unlike court or property records, vital records in Virginia are not open to the general public. Access is restricted primarily to the person named on the record and their immediate family members (spouse, parent, child, or sibling), as well as legal representatives acting on their behalf. Government agencies with a legitimate need may also obtain these records.
To obtain a certified copy of a birth or death certificate, requesters must submit a written application, provide identification, state their relationship to the person on the record, and pay the required fee. Fees vary by record type and the number of copies requested. The Division offers both in-person and mail-in request options; some record types may also be requested through authorized third-party vital records services.
Marriage records in Virginia are initially filed with the circuit court clerk in the jurisdiction where the license was issued, and then reported to the Division of Vital Records. For divorces, the final decree is filed with the circuit court; the Division of Vital Records maintains a statistical index but the authoritative record remains with the court clerk. This means that for older marriage or divorce documentation, contacting the relevant circuit court clerk directly may be the most efficient path.
Property, Business and Other Virginia Records
Real property records—deeds, liens, mortgages, and plats—are recorded and maintained by the clerk of the circuit court in each Virginia county or independent city. Many jurisdictions have digitized their land records and make them searchable through online portals operated by the clerk's office or through a statewide land records index maintained by the Virginia Circuit Court Clerks. Fees may apply for certified copies.
Property tax assessment records are held by the local commissioner of the revenue or assessor's office for each county or city. These records typically include the assessed value of land and improvements, ownership history, and parcel maps. Most localities post assessment data on their official government websites.
For business records, the Virginia State Corporation Commission (SCC) is the primary repository. The SCC's Clerk's Information System allows anyone to search for registered corporations, limited liability companies, partnerships, and other business entities formed or registered to do business in Virginia. Basic entity information—registered agent, status, formation date, and principal office address—is publicly searchable. Annual report filings and other corporate documents may also be available through the same system.
For public records guides for other states, additional resources are available to help you navigate similar systems across the country.
Filing a Public Records Request in Virginia
If the record you need is not available through an online portal, you will need to submit a formal FOIA request. Here is a practical step-by-step approach:
- Identify the correct custodian agency. A FOIA request goes to the specific public body that creates or maintains the record. Sending a request to the wrong agency will only delay you. Research which Virginia state agency, city, or county department is responsible for the record type you need.
- Be specific in your request. Describe the records as precisely as possible—include names, date ranges, case numbers, or other identifiers. Vague requests often result in delayed responses or a large volume of irrelevant material.
- Submit your request in writing. While Virginia FOIA does not always require a written request, a written request creates a paper trail and triggers the agency's formal response timeline.
- Expect fees. Virginia agencies are permitted to charge reasonable costs for search, retrieval, and copying. Fees vary widely across agencies and record types. You may request a fee estimate in advance.
- Expect potential exemptions. If an agency withholds records, it must cite the specific FOIA exemption it is relying on. You have the right to appeal a denial through the agency's appeals process or, ultimately, through the courts. Virginia also has a Freedom of Information Advisory Council that provides guidance and informal dispute resolution.
- Mind the response deadline. Under Virginia FOIA, public bodies generally must respond within five working days of receiving a request, either by producing the records, denying the request with a stated reason, or notifying you that additional time is needed.
Frequently Asked Questions
Are Virginia court records free to access online?
Basic case information through the Virginia Judiciary Online Case Information System is generally available to the public without a fee. However, obtaining actual document copies from a circuit court clerk's office typically involves a per-page or per-document fee that varies by jurisdiction. Always confirm current costs with the specific clerk's office before submitting your request.
Can anyone request a background check on another person in Virginia?
Not through official channels. The Virginia State Police provides criminal history records to individuals seeking their own records and to authorized organizations permitted by Virginia law. Members of the general public cannot request another private citizen's official criminal history record from the State Police. Consumer background check services aggregate public court data and are an option for personal research, but they carry important legal restrictions—particularly around employment and tenant screening.
How do I get a copy of my own birth certificate in Virginia?
Submit a request to the Virginia Department of Health, Division of Vital Records. You will need to provide government-issued identification, complete the appropriate application, state your relationship to the record, and pay the applicable fee. The Division accepts requests by mail and in person in Richmond; some authorized online services may also process requests on your behalf.
What happens if a Virginia agency denies my FOIA request?
The agency must provide a written explanation citing the specific exemption under Virginia FOIA that justifies the denial. You may appeal internally within the agency, seek assistance from the Virginia Freedom of Information Advisory Council (which offers free informal guidance), or pursue legal action in circuit court. The Advisory Council's non-binding opinions can sometimes resolve disputes without litigation.
Are divorce records public in Virginia?
The final divorce decree is filed with the circuit court clerk in the jurisdiction where the divorce was granted and is generally part of the public court record. However, certain attachments—such as financial disclosure statements or documents involving minor children—may be sealed. The Virginia Department of Health, Division of Vital Records maintains a divorce index but the detailed court record itself remains with the circuit court clerk's office.