{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-213.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-213.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-213.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-213.html"}],"law_id":82793,"edition_id":1,"section_id":82793,"structure_id":14192,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","history":"1981, c. 637, \u00a7 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64, 822; 1997, c. 561; 1998, c. 872; 2001, c. 836; 2002, c. 832; 2004, c. 433; 2005, c. 681; 2006, c. 60; 2008, c. 749; 2011, cc. 445, 480; 2012, c. 802; 2015, c. 552; 2016, c. 180; 2021, Sp. Sess. I, c. 463.","full_text":"A\n\nAll case files for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by the circuit court where such files originated or in The Library of Virginia in accordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.B\n\nThe following records for cases ending on or after January 1, 1913, shall be retained for 10 years after conclusion:1\n\nConditional sales contracts;2\n\nConcealed weapons permit applications;3\n\nMinister appointments;4\n\nPetitions for appointment of trustee;5\n\nName changes;6\n\nNolle prosequi cases;7\n\nCivil actions that are voluntarily dismissed, including nonsuits, cases that are dismissed as settled and agreed, cases that are dismissed with or without prejudice, cases that are discontinued or dismissed under § 8.01-335, and district court appeals dismissed under § 16.1-113 prior to 1988;8\n\nMisdemeanor and traffic cases, except as provided in subdivision C 3, including those which were commenced on a felony charge but concluded as a misdemeanor;9\n\nSuits to enforce a lien;10\n\nGarnishments;11\n\nExecutions except for those covered in § 8.01-484; and12\n\nMiscellaneous oaths and qualifications, but only if the order or oath or qualification is spread in the appropriate order book.C\n\nAll other records or cases ending on or after January 1, 1913, shall be retained subject to the following:1\n\nAll civil case files to which subsection D does not pertain shall be retained 20 years from the court order date.2\n\nAll criminal cases dismissed, including those not a true bill, acquittals, and not guilty verdicts, shall be retained 10 years from the court order date.3\n\nExcept as otherwise provided in this subdivision, criminal case files involving a felony conviction and all criminal case files involving a misdemeanor conviction under § 16.1-253.2, 18.2-57.2, or 18.2-60.4 shall be retained (i) 20 years from the sentencing date or (ii) until the sentence term ends, whichever comes later. Case files involving a conviction for a sexually violent offense as defined in § 37.2-900, a violent felony as defined in § 17.1-805, or an act of violence as defined in § 19.2-297.1 shall be retained (a) 50 years from the sentencing date or (b) until the sentence term ends, whichever comes later.D\n\nUnder the provisions of subsections B and C, the entire file of any case deemed by the local clerk of court to have historical value, as defined in § 42.1-77, or genealogical or sensational significance shall be retained permanently as shall all cases in which the title to real estate is established, conveyed or condemned by an order or decree of the court. The final order for all cases in which the title to real estate is so affected shall include an appropriate notification thereof to the clerk.E\n\nExcept as provided in subsection A, the clerk of a circuit court may cause (i) any or all papers or documents pertaining to civil and criminal cases; (ii) any unexecuted search warrants and affidavits for unexecuted search warrants, provided at least three years have passed since issued; (iii) any abstracts of judgments; and (iv) original wills, to be destroyed if such records, papers, documents, or wills no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using same. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.","order_by":null,"text":{"0":{"id":296779,"text":"All case files for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by the circuit court where such files originated or in The Library of Virginia in accordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":296780,"text":"The following records for cases ending on or after January 1, 1913, shall be retained for 10 years after conclusion:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":296781,"text":"Conditional sales contracts;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":296782,"text":"Concealed weapons permit applications;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":296783,"text":"Minister appointments;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":296784,"text":"Petitions for appointment of trustee;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":296785,"text":"Name changes;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":296786,"text":"Nolle prosequi cases;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":296787,"text":"Civil actions that are voluntarily dismissed, including nonsuits, cases that are dismissed as settled and agreed, cases that are dismissed with or without prejudice, cases that are discontinued or dismissed under § 8.01-335, and district court appeals dismissed under § 16.1-113 prior to 1988;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":296788,"text":"Misdemeanor and traffic cases, except as provided in subdivision C 3, including those which were commenced on a felony charge but concluded as a misdemeanor;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":296789,"text":"Suits to enforce a lien;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":296790,"text":"Garnishments;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":296791,"text":"Executions except for those covered in § 8.01-484; and","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":296792,"text":"Miscellaneous oaths and qualifications, but only if the order or oath or qualification is spread in the appropriate order book.","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"C"},"14":{"id":296793,"text":"All other records or cases ending on or after January 1, 1913, shall be retained subject to the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B12","next_prefix":"C1"},"15":{"id":296794,"text":"All civil case files to which subsection D does not pertain shall be retained 20 years from the court order date.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"16":{"id":296795,"text":"All criminal cases dismissed, including those not a true bill, acquittals, and not guilty verdicts, shall be retained 10 years from the court order date.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"17":{"id":296796,"text":"Except as otherwise provided in this subdivision, criminal case files involving a felony conviction and all criminal case files involving a misdemeanor conviction under § 16.1-253.2, 18.2-57.2, or 18.2-60.4 shall be retained (i) 20 years from the sentencing date or (ii) until the sentence term ends, whichever comes later. Case files involving a conviction for a sexually violent offense as defined in § 37.2-900, a violent felony as defined in § 17.1-805, or an act of violence as defined in § 19.2-297.1 shall be retained (a) 50 years from the sentencing date or (b) until the sentence term ends, whichever comes later.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"18":{"id":296797,"text":"Under the provisions of subsections B and C, the entire file of any case deemed by the local clerk of court to have historical value, as defined in § 42.1-77, or genealogical or sensational significance shall be retained permanently as shall all cases in which the title to real estate is established, conveyed or condemned by an order or decree of the court. The final order for all cases in which the title to real estate is so affected shall include an appropriate notification thereof to the clerk.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"19":{"id":296798,"text":"Except as provided in subsection A, the clerk of a circuit court may cause (i) any or all papers or documents pertaining to civil and criminal cases; (ii) any unexecuted search warrants and affidavits for unexecuted search warrants, provided at least three years have passed since issued; (iii) any abstracts of judgments; and (iv) original wills, to be destroyed if such records, papers, documents, or wills no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using same. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14192,"edition_id":1,"name":"Other Clerks and Clerks' Offices","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13472,"metadata":{},"date_created":"2026-06-26 03:47:12","date_modified":"2026-06-26 03:47:12","permalink":{"id":162993,"object_type":"structure","relational_id":14192,"identifier":"2","token":"17.1\/2\/2","url":"\/17.1\/2\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13472,"edition_id":1,"name":"Clerks, Clerks' Offices and Records","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":162961,"object_type":"structure","relational_id":13472,"identifier":"2","token":"17.1\/2","url":"\/17.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61943,"structure_id":14192,"section_number":"17.1-206","catch_line":"Where offices to be located","url":"\/17.1-206\/","token":"17.1\/2\/2\/17.1-206","metadata":false},{"id":81009,"structure_id":14192,"section_number":"17.1-207","catch_line":"Days of operation of clerks' offices","url":"\/17.1-207\/","token":"17.1\/2\/2\/17.1-207","metadata":false},{"id":80213,"structure_id":14192,"section_number":"17.1-208","catch_line":"Records, etc., open to inspection; copies; exception","url":"\/17.1-208\/","token":"17.1\/2\/2\/17.1-208","metadata":false},{"id":64718,"structure_id":14192,"section_number":"17.1-209","catch_line":"Repealed","url":"\/17.1-209\/","token":"17.1\/2\/2\/17.1-209","metadata":false},{"id":74063,"structure_id":14192,"section_number":"17.1-210","catch_line":"Removal of records or papers prohibited; exceptions","url":"\/17.1-210\/","token":"17.1\/2\/2\/17.1-210","metadata":false},{"id":81508,"structure_id":14192,"section_number":"17.1-211","catch_line":"Maintenance and disposition of certain receipt books, cancelled checks and statements","url":"\/17.1-211\/","token":"17.1\/2\/2\/17.1-211","metadata":false},{"id":87491,"structure_id":14192,"section_number":"17.1-212","catch_line":"Copying of records becoming illegible","url":"\/17.1-212\/","token":"17.1\/2\/2\/17.1-212","metadata":false},{"id":82793,"structure_id":14192,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","url":"\/17.1-213\/","token":"17.1\/2\/2\/17.1-213","metadata":false},{"id":73344,"structure_id":14192,"section_number":"17.1-214","catch_line":"Clerk to deliver or send process to sheriff","url":"\/17.1-214\/","token":"17.1\/2\/2\/17.1-214","metadata":false},{"id":80436,"structure_id":14192,"section_number":"17.1-215","catch_line":"Process book","url":"\/17.1-215\/","token":"17.1\/2\/2\/17.1-215","metadata":false},{"id":61495,"structure_id":14192,"section_number":"17.1-216","catch_line":"Handling fee for service of process","url":"\/17.1-216\/","token":"17.1\/2\/2\/17.1-216","metadata":false},{"id":55373,"structure_id":14192,"section_number":"17.1-217","catch_line":"Power of clerk to administer oath","url":"\/17.1-217\/","token":"17.1\/2\/2\/17.1-217","metadata":false},{"id":75684,"structure_id":14192,"section_number":"17.1-218","catch_line":"Repealed","url":"\/17.1-218\/","token":"17.1\/2\/2\/17.1-218","metadata":false},{"id":70857,"structure_id":14192,"section_number":"17.1-219","catch_line":"Clerk to prepare bonds","url":"\/17.1-219\/","token":"17.1\/2\/2\/17.1-219","metadata":false},{"id":84108,"structure_id":14192,"section_number":"17.1-219.1","catch_line":"Transportation orders; authorization for clerk to issue orders to custodian","url":"\/17.1-219.1\/","token":"17.1\/2\/2\/17.1-219.1","metadata":false},{"id":81828,"structure_id":14192,"section_number":"17.1-220","catch_line":"Duplicate certificate of allowance prohibited, unless ordered by court","url":"\/17.1-220\/","token":"17.1\/2\/2\/17.1-220","metadata":false},{"id":62892,"structure_id":14192,"section_number":"17.1-221","catch_line":"Reports by clerks of the business of courts of record","url":"\/17.1-221\/","token":"17.1\/2\/2\/17.1-221","metadata":false},{"id":80199,"structure_id":14192,"section_number":"17.1-222","catch_line":"Failure to make report","url":"\/17.1-222\/","token":"17.1\/2\/2\/17.1-222","metadata":false},{"id":59898,"structure_id":14192,"section_number":"17.1-222.1","catch_line":"Collection of fees, etc., by court clerks in lieu of money","url":"\/17.1-222.1\/","token":"17.1\/2\/2\/17.1-222.1","metadata":false}],"previous_section":{"id":87491,"structure_id":14192,"section_number":"17.1-212","catch_line":"Copying of records becoming illegible","url":"\/17.1-212\/","token":"17.1\/2\/2\/17.1-212","metadata":false},"next_section":{"id":73344,"structure_id":14192,"section_number":"17.1-214","catch_line":"Clerk to deliver or send process to sheriff","url":"\/17.1-214\/","token":"17.1\/2\/2\/17.1-214","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-213\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 637 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 445; in 1990, chapter 583; in 1994, chapters 64<\/a> and 822<\/a>; in 1997, chapter 561<\/a>; in 1998, chapter 872<\/a>; in 2001, chapter 836<\/a>; in 2002, chapter 832<\/a>; in 2004, chapter 433<\/a>; in 2005, chapter 681<\/a>; in 2006, chapter 60<\/a>; in 2008, chapter 749<\/a>; in 2011, chapters 445<\/a> and 480<\/a>; in 2012, chapter 802<\/a>; in 2015, chapter 552<\/a>; in 2016, chapter 180<\/a>.<\/p>","references":[{"id":70945,"section_number":"63.2-1245","catch_line":"Separate order book, file and index of adoption cases; to whom available; permanent retention","order_by":null,"url":"\/63.2-1245\/"},{"id":62529,"section_number":"64.2-455","catch_line":"Wills to be recorded; recording copies; effect; transfer to The Library of Virginia","order_by":null,"url":"\/64.2-455\/"}],"refers_to":[{"id":65744,"section_number":"16.1-113","catch_line":"How appeals tried","order_by":null,"url":"\/16.1-113\/"},{"id":82642,"section_number":"16.1-253.2","catch_line":"Violation of provisions of protective orders; penalties","order_by":null,"url":"\/16.1-253.2\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":72208,"section_number":"18.2-57.2","catch_line":"Assault and battery against a family or household member; penalty","order_by":null,"url":"\/18.2-57.2\/"},{"id":86834,"section_number":"18.2-60.4","catch_line":"Violation of protective orders; penalty","order_by":null,"url":"\/18.2-60.4\/"},{"id":56020,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","order_by":null,"url":"\/19.2-297.1\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":58113,"section_number":"42.1-77","catch_line":"Definitions","order_by":null,"url":"\/42.1-77\/"},{"id":73353,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","order_by":null,"url":"\/42.1-82\/"},{"id":84716,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","order_by":null,"url":"\/42.1-86\/"},{"id":81821,"section_number":"8.01-335","catch_line":"Certain cases struck from dockets after certain period; reinstatement","order_by":null,"url":"\/8.01-335\/"},{"id":71318,"section_number":"8.01-484","catch_line":"When writ may be destroyed","order_by":null,"url":"\/8.01-484\/"}],"permalink":{"id":163023,"object_type":"law","relational_id":82793,"identifier":"17.1-213","token":"17.1\/2\/2\/17.1-213","url":"\/17.1-213\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-213\/","token":"17.1\/2\/2\/17.1-213","dublin_core":{"Title":"Disposition of papers in ended cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-213","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All case files<\/span> for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by the circuit<\/span> court<\/span> where such files originated or in The Library of Virginia in accordance with the provisions of § 42.1-86<\/a> and subsection C of § 42.1-87<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The following records for cases ending on or after January 1, 1913, shall be retained for 10 years after conclusion: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conditional sales contracts<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Concealed weapons permit applications; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Minister appointments; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Petitions<\/span> for appointment of trustee; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Name changes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Nolle prosequi<\/span> cases; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Civil actions<\/span> that are voluntarily dismissed, including nonsuits<\/span>, cases that are dismissed as settled and agreed, cases that are dismissed with or without prejudice, cases that are discontinued or dismissed under § 8.01-335<\/a>, and district court<\/span> appeals<\/span> dismissed under § 16.1-113<\/a> prior to 1988; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Misdemeanor<\/span> and traffic cases, except as provided in subdivision C 3, including those which were commenced on a felony<\/span> charge but concluded as a misdemeanor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Suits to enforce a lien<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Garnishments<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Executions except for those covered in § 8.01-484<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Miscellaneous oaths<\/span> and qualifications, but only if the order<\/span> or oath<\/span> or qualification is spread in the appropriate order<\/span> book. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All other records or cases ending on or after January 1, 1913, shall be retained subject to the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All civil case files<\/span> to which subsection D does not pertain shall be retained 20 years from the court order<\/span> date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All criminal cases dismissed, including those not a true bill<\/span>, acquittals<\/span>, and not guilty verdicts<\/span>, shall be retained 10 years from the court order<\/span> date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Except as otherwise provided in this subdivision, criminal case files<\/span> involving a felony<\/span> conviction<\/span> and all criminal case files<\/span> involving a misdemeanor<\/span> conviction<\/span> under § 16.1-253.2<\/a>, 18.2-57.2<\/a>, or 18.2-60.4<\/a> shall be retained (i) 20 years from the sentencing date or (ii) until the sentence term ends, whichever comes later. Case files<\/span> involving a conviction<\/span> for a sexually violent offense<\/span> as defined in § 37.2-900<\/a>, a violent felony<\/span> as defined in § 17.1-805<\/a>, or an act of violence as defined in § 19.2-297.1<\/a> shall be retained (a) 50 years from the sentencing date or (b) until the sentence term ends, whichever comes later. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Under the provisions of subsections B and C, the entire file of any case deemed by the local clerk of court<\/span> to have historical value, as defined in § 42.1-77<\/a>, or genealogical or sensational significance shall be retained permanently as shall all cases in which the title to real estate is established, conveyed or condemned by an order or decree<\/span> of the court. The final order<\/span> for all cases in which the title to real estate is so affected shall include an appropriate notification thereof to the clerk. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except as provided in subsection A, the clerk of a circuit<\/span> court may cause (i) any or all papers or documents pertaining to civil and criminal cases; (ii) any unexecuted search warrants<\/span> and affidavits<\/span> for unexecuted search warrants<\/span>, provided at least three years have passed since issued; (iii) any abstracts of judgments<\/span>; and (iv) original wills, to be destroyed if such records, papers, documents, or wills no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82<\/a>, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using same. The clerk shall further provide security negative copies of any such microfilmed materials<\/span> for storage in The Library of Virginia. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF PAPERS IN ENDED CASES (\u00a7 17.1-213)\n\nA. All case files for cases ended prior to January 1, 1913, shall be permanently\nmaintained in hardcopy form, either in the locality served by the circuit court\nwhere such files originated or in The Library of Virginia in accordance with the\nprovisions of § 42.1-86 and subsection C of § 42.1-87.\n\nB. The following records for cases ending on or after January 1, 1913, shall be\nretained for 10 years after conclusion:\n\n 1. Conditional sales contracts;\n\n 2. Concealed weapons permit applications;\n\n 3. Minister appointments;\n\n 4. Petitions for appointment of trustee;\n\n 5. Name changes;\n\n 6. Nolle prosequi cases;\n\n 7. Civil actions that are voluntarily dismissed, including nonsuits, cases\n that are dismissed as settled and agreed, cases that are dismissed with or\n without prejudice, cases that are discontinued or dismissed under §\n 8.01-335, and district court appeals dismissed under § 16.1-113 prior to\n 1988;\n\n 8. Misdemeanor and traffic cases, except as provided in subdivision C 3,\n including those which were commenced on a felony charge but concluded as a\n misdemeanor;\n\n 9. Suits to enforce a lien;\n\n 10. Garnishments;\n\n 11. Executions except for those covered in § 8.01-484; and\n\n 12. Miscellaneous oaths and qualifications, but only if the order or oath or\n qualification is spread in the appropriate order book.\n\nC. All other records or cases ending on or after January 1, 1913, shall be\nretained subject to the following:\n\n 1. All civil case files to which subsection D does not pertain shall be\n retained 20 years from the court order date.\n\n 2. All criminal cases dismissed, including those not a true bill, acquittals,\n and not guilty verdicts, shall be retained 10 years from the court order date.\n\n 3. Except as otherwise provided in this subdivision, criminal case files\n involving a felony conviction and all criminal case files involving a\n misdemeanor conviction under § 16.1-253.2, 18.2-57.2, or 18.2-60.4 shall\n be retained (i) 20 years from the sentencing date or (ii) until the sentence\n term ends, whichever comes later. Case files involving a conviction for a\n sexually violent offense as defined in § 37.2-900, a violent felony as\n defined in § 17.1-805, or an act of violence as defined in §\n 19.2-297.1 shall be retained (a) 50 years from the sentencing date or (b)\n until the sentence term ends, whichever comes later.\n\nD. Under the provisions of subsections B and C, the entire file of any case\ndeemed by the local clerk of court to have historical value, as defined in\n§ 42.1-77, or genealogical or sensational significance shall be retained\npermanently as shall all cases in which the title to real estate is established,\nconveyed or condemned by an order or decree of the court. The final order for\nall cases in which the title to real estate is so affected shall include an\nappropriate notification thereof to the clerk.\n\nE. Except as provided in subsection A, the clerk of a circuit court may cause\n(i) any or all papers or documents pertaining to civil and criminal cases; (ii)\nany unexecuted search warrants and affidavits for unexecuted search warrants,\nprovided at least three years have passed since issued; (iii) any abstracts of\njudgments; and (iv) original wills, to be destroyed if such records, papers,\ndocuments, or wills no longer have administrative, fiscal, historical, or legal\nvalue to warrant continued retention, provided such records, papers, or\ndocuments have been microfilmed or converted to an electronic format. Such\nmicrofilm and microphotographic processes and equipment shall meet state\narchival microfilm standards pursuant to § 42.1-82, or such electronic\nformat shall follow state electronic records guidelines, and such records,\npapers, or documents so converted shall be placed in conveniently accessible\nfiles and provisions made for examining and using same. The clerk shall further\nprovide security negative copies of any such microfilmed materials for storage\nin The Library of Virginia.\n\nHISTORY: 1981, c. 637, \u00a7 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64,\n822; 1997, c. 561; 1998, c. 872; 2001, c. 836; 2002, c. 832; 2004, c. 433; 2005,\nc. 681; 2006, c. 60; 2008, c. 749; 2011, cc. 445, 480; 2012, c. 802; 2015, c.\n552; 2016, c. 180; 2021, Sp. Sess. I, c. 463.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}