{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-265.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-265.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-265.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-265.html"}],"law_id":54437,"edition_id":1,"section_id":54437,"structure_id":13473,"section_number":"17.1-265","catch_line":"Recordation of evidence of discharge generally; confidentiality","history":"1934, p. 99, \u00a7 17-92; Michie Code 1942, \u00a7 5214f; 1980, c. 392; 1998, c. 872; 2002, c. 299.","full_text":"A\n\nThe clerk of the circuit court of the county or city wherein a person discharged from the armed forces of the United States resides shall record, upon presentation, free of charge, the original or a properly authenticated copy of either the discharge certificate or the report of separation from active duty (Department of Defense Document DD-214), or both.B\n\nNotwithstanding the provisions of \u00a7 17.1-208, discharge certificates and reports of separation from active duty recorded pursuant to this section shall be open for inspection and copying only by the following:1\n\nThe subject of the record;2\n\nThe duly qualified conservator or guardian of the subject of the record;3\n\nThe duly qualified executor or administrator of the estate of the subject of the record, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased subject;4\n\nAn attorney, attorney-in-fact, or other agent or representative of any of the persons described in subdivision 1, 2 or 3, acting pursuant to a written power of attorney or other written authorization; or5\n\nA duly authorized representative of an agency or instrumentality of federal, state, or local government seeking the record in the ordinary course of performing its official duties.\n\t\t\t\tUnder the circumstances in which time is of the essence, including but not limited to, requests for copies of records attendant to the making of funeral arrangements or arrangements for medical care, the clerk, in ascertaining whether a person seeking access to discharge certificates or reports of separation from active duty is qualified to do so pursuant to this section, may rely upon the sworn statement of the requestor made in person before the clerk or his deputy.C\n\nNotwithstanding the provisions of subsection B, the clerk may permit access to discharge certificates or reports of separation from active duty of deceased persons for bona fide genealogical or other research purposes.","order_by":null,"text":{"0":{"id":199772,"text":"The clerk of the circuit court of the county or city wherein a person discharged from the armed forces of the United States resides shall record, upon presentation, free of charge, the original or a properly authenticated copy of either the discharge certificate or the report of separation from active duty (Department of Defense Document DD-214), or both.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199773,"text":"Notwithstanding the provisions of \u00a7 17.1-208, discharge certificates and reports of separation from active duty recorded pursuant to this section shall be open for inspection and copying only by the following:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":199774,"text":"The subject of the record;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":199775,"text":"The duly qualified conservator or guardian of the subject of the record;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":199776,"text":"The duly qualified executor or administrator of the estate of the subject of the record, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased subject;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":199777,"text":"An attorney, attorney-in-fact, or other agent or representative of any of the persons described in subdivision 1, 2 or 3, acting pursuant to a written power of attorney or other written authorization; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":199778,"text":"A duly authorized representative of an agency or instrumentality of federal, state, or local government seeking the record in the ordinary course of performing its official duties.\n\t\t\t\tUnder the circumstances in which time is of the essence, including but not limited to, requests for copies of records attendant to the making of funeral arrangements or arrangements for medical care, the clerk, in ascertaining whether a person seeking access to discharge certificates or reports of separation from active duty is qualified to do so pursuant to this section, may rely upon the sworn statement of the requestor made in person before the clerk or his deputy.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":199779,"text":"Notwithstanding the provisions of subsection B, the clerk may permit access to discharge certificates or reports of separation from active duty of deceased persons for bona fide genealogical or other research purposes.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5"}},"ancestry":[{"id":13473,"edition_id":1,"name":"Names, Discharges, Etc., of War Service Men","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13472,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":163267,"object_type":"structure","relational_id":13473,"identifier":"6","token":"17.1\/2\/6","url":"\/17.1\/2\/6\/","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":78149,"structure_id":13473,"section_number":"17.1-261","catch_line":"Recordation of names of men who served during World War I","url":"\/17.1-261\/","token":"17.1\/2\/6\/17.1-261","metadata":false},{"id":61091,"structure_id":13473,"section_number":"17.1-262","catch_line":"Recordation of discharges of those who served in World War I","url":"\/17.1-262\/","token":"17.1\/2\/6\/17.1-262","metadata":false},{"id":58408,"structure_id":13473,"section_number":"17.1-263","catch_line":"World War I Memorial Record","url":"\/17.1-263\/","token":"17.1\/2\/6\/17.1-263","metadata":false},{"id":56645,"structure_id":13473,"section_number":"17.1-264","catch_line":"Recording information on discharges of World War II servicemen","url":"\/17.1-264\/","token":"17.1\/2\/6\/17.1-264","metadata":false},{"id":54437,"structure_id":13473,"section_number":"17.1-265","catch_line":"Recordation of evidence of discharge generally; confidentiality","url":"\/17.1-265\/","token":"17.1\/2\/6\/17.1-265","metadata":false}],"previous_section":{"id":56645,"structure_id":13473,"section_number":"17.1-264","catch_line":"Recording information on discharges of World War II servicemen","url":"\/17.1-264\/","token":"17.1\/2\/6\/17.1-264","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-265\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1980, chapter 392; in 1998, chapter 872<\/a>; in 2002, chapter 299<\/a>.<\/p>","references":false,"refers_to":[{"id":80213,"section_number":"17.1-208","catch_line":"Records, etc., open to inspection; copies; exception","order_by":null,"url":"\/17.1-208\/"}],"permalink":{"id":163285,"object_type":"law","relational_id":54437,"identifier":"17.1-265","token":"17.1\/2\/6\/17.1-265","url":"\/17.1-265\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-265\/","token":"17.1\/2\/6\/17.1-265","dublin_core":{"Title":"Recordation of evidence of discharge generally; confidentiality","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-265","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The clerk of the circuit<\/span> court<\/span> of the county or city wherein a person discharged from the armed forces of the United States resides shall record, upon presentation, free of charge, the original or a properly authenticated copy of either the discharge certificate or the report of separation from active duty (Department of Defense Document DD-214), or both. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding the provisions of \u00a7 17.1-208<\/a>, discharge certificates and reports of separation from active duty recorded pursuant to this section shall be open for inspection and copying only by the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The subject of the record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The duly qualified conservator or guardian of the subject of the record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The duly qualified executor or administrator of the estate of the subject of the record, if deceased, or, in the event no executor or administrator has qualified, the next of kin of the deceased subject; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An attorney, attorney-in-fact<\/span><\/span>, or other agent or representative of any of the persons described in subdivision 1, 2 or 3, acting pursuant to a written power of attorney<\/span> or other written authorization; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A duly authorized representative of an agency or instrumentality of federal, state, or local government seeking the record in the ordinary course of performing its official duties.\n\t\t\t\tUnder the circumstances in which time is of the essence, including but not limited to, requests for copies of records attendant to the making of funeral arrangements or arrangements for medical care, the clerk, in ascertaining whether a person seeking access to discharge certificates or reports of separation from active duty is qualified to do so pursuant to this section, may rely upon the sworn statement of the requestor made in person before the clerk or his deputy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, the clerk may permit access to discharge certificates or reports of separation from active duty of deceased persons for bona fide genealogical or other research purposes. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECORDATION OF EVIDENCE OF DISCHARGE GENERALLY; CONFIDENTIALITY (\u00a7 17.1-265)\n\nA. The clerk of the circuit court of the county or city wherein a person\ndischarged from the armed forces of the United States resides shall record, upon\npresentation, free of charge, the original or a properly authenticated copy of\neither the discharge certificate or the report of separation from active duty\n(Department of Defense Document DD-214), or both.\n\nB. Notwithstanding the provisions of \u00a7 17.1-208, discharge certificates and\nreports of separation from active duty recorded pursuant to this section shall\nbe open for inspection and copying only by the following:\n\n 1. The subject of the record;\n\n 2. The duly qualified conservator or guardian of the subject of the record;\n\n 3. The duly qualified executor or administrator of the estate of the subject\n of the record, if deceased, or, in the event no executor or administrator has\n qualified, the next of kin of the deceased subject;\n\n 4. An attorney, attorney-in-fact, or other agent or representative of any of\n the persons described in subdivision 1, 2 or 3, acting pursuant to a written\n power of attorney or other written authorization; or\n\n 5. A duly authorized representative of an agency or instrumentality of\n federal, state, or local government seeking the record in the ordinary course\n of performing its official duties.\n \t\t\t\tUnder the circumstances in which time is of the essence, including but not\n limited to, requests for copies of records attendant to the making of funeral\n arrangements or arrangements for medical care, the clerk, in ascertaining\n whether a person seeking access to discharge certificates or reports of\n separation from active duty is qualified to do so pursuant to this section,\n may rely upon the sworn statement of the requestor made in person before the\n clerk or his deputy.\n\nC. Notwithstanding the provisions of subsection B, the clerk may permit access\nto discharge certificates or reports of separation from active duty of deceased\npersons for bona fide genealogical or other research purposes.\n\nHISTORY: 1934, p. 99, \u00a7 17-92; Michie Code 1942, \u00a7 5214f; 1980, c. 392; 1998,\nc. 872; 2002, c. 299.","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}}