{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3705.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3705.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3705.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3705.3.html"}],"law_id":77912,"edition_id":1,"section_id":77912,"structure_id":12976,"section_number":"2.2-3705.3","catch_line":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","history":"1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7 2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657, 720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc. 87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003, cc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 605, 690, 766; 2005, c. 601; 2006, cc. 25, 95; 2008, cc. 387, 668, 689, 758; 2009, cc. 237, 326, 340; 2011, cc. 798, 871; 2012, cc. 476, 507, 803, 835; 2013, cc. 571, 572, 690, 717, 723; 2014, cc. 225, 414, 609, 788; 2015, cc. 38, 730; 2016, cc. 272, 620, 716; 2017, c. 778; 2020, c. 48; 2022, cc. 589, 590; 2023, cc. 668, 669; 2024, cc. 64, 732; 2025, c. 675.","full_text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.\n\n1\n\nInformation relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Cannabis Control Authority, the Virginia Lottery pursuant to Chapter 40 (§ 58.1-4000 et seq.) and Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relating to investigations and applications pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of the Department of Criminal Justice Services.2\n\nRecords of active investigations being conducted by the Virginia Cannabis Control Authority or by the Department of Health Professions or any health regulatory board in the Commonwealth pursuant to § 54.1-108.3\n\nInvestigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management, to such personnel of any local public body, including local school boards, as are responsible for conducting such investigations in confidence, or to any public institution of higher education. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation.4\n\nRecords of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.5\n\nInvestigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordance with the authority specified in § 2.2-524, or adopted pursuant to § 15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights or human relations commissions. However, nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.6\n\nInformation relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling where such information has not been publicly released, published or copyrighted. All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the study or investigation.7\n\nInvestigative notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint Legislative Audit and Review Commission; (iii) an appropriate authority as defined in § 2.2-3010 with respect to an allegation of wrongdoing or abuse under the Fraud and Abuse Whistle Blower Protection Act (§ 2.2-3009 et seq.); (iv) the Office of the State Inspector General with respect to an investigation initiated through the Fraud, Waste and Abuse Hotline or an investigation initiated pursuant to Chapter 3.2 (§ 2.2-307 et seq.); (v) internal auditors appointed by the head of a state agency or by any public institution of higher education; (vi) the committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825; (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance, or statute have responsibility for conducting an investigation of any officer, department, or program of such body; or (viii) the Behavioral Health Commission. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying information to investigators. Unless disclosure is excluded by this subdivision, the information disclosed shall include the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person. Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision.8\n\nThe names and personal contact information of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§ 36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made to a local governing body. As used in this subdivision, “personal contact information” includes the complainant’s home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.9\n\nRecords of active investigations being conducted by the Department of Criminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.10\n\nInformation furnished to or prepared by the Board of Education pursuant to subsection F of § 22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests. However, this section shall not prohibit the disclosure of such information to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board.11\n\nInformation contained in (i) an application for licensure or renewal of a license for teachers and other school personnel, including transcripts or other documents submitted in support of an application, and (ii) an active investigation conducted by or for the Board of Education related to the denial, suspension, cancellation, revocation, or reinstatement of teacher and other school personnel licenses including investigator notes and other correspondence and information, furnished in confidence with respect to such investigation. However, this subdivision shall not prohibit the disclosure of such (a) application information to the applicant at his own expense or (b) investigation information to a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of any complainant or person supplying information to investigators. The completed investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation fails to support a complaint or does not lead to corrective action, the identity of the person who was the subject of the complaint may be released only with the consent of the subject person. No personally identifiable information regarding a current or former student shall be released except as permitted by state or federal law.12\n\nInformation provided in confidence and related to an investigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) or Article 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However, information related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses, or other individuals involved in the investigation.13\n\nRecords of active investigations being conducted by the Department of Behavioral Health and Developmental Services pursuant to Chapter 4 (§ 37.2-400 et seq.) of Title 37.2.","order_by":null,"text":{"0":{"id":279361,"text":"The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":279362,"text":"Information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Cannabis Control Authority, the Virginia Lottery pursuant to Chapter 40 (§ 58.1-4000 et seq.) and Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relating to investigations and applications pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of the Department of Criminal Justice Services.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":279363,"text":"Records of active investigations being conducted by the Virginia Cannabis Control Authority or by the Department of Health Professions or any health regulatory board in the Commonwealth pursuant to § 54.1-108.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":279364,"text":"Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management, to such personnel of any local public body, including local school boards, as are responsible for conducting such investigations in confidence, or to any public institution of higher education. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":279365,"text":"Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title 32.1.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":279366,"text":"Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.2-3900 et seq.) or under any local ordinance adopted in accordance with the authority specified in § 2.2-524, or adopted pursuant to § 15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights or human relations commissions. However, nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":279367,"text":"Information relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling where such information has not been publicly released, published or copyrighted. All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the study or investigation.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":279368,"text":"Investigative notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint Legislative Audit and Review Commission; (iii) an appropriate authority as defined in § 2.2-3010 with respect to an allegation of wrongdoing or abuse under the Fraud and Abuse Whistle Blower Protection Act (§ 2.2-3009 et seq.); (iv) the Office of the State Inspector General with respect to an investigation initiated through the Fraud, Waste and Abuse Hotline or an investigation initiated pursuant to Chapter 3.2 (§ 2.2-307 et seq.); (v) internal auditors appointed by the head of a state agency or by any public institution of higher education; (vi) the committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825; (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance, or statute have responsibility for conducting an investigation of any officer, department, or program of such body; or (viii) the Behavioral Health Commission. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying information to investigators. Unless disclosure is excluded by this subdivision, the information disclosed shall include the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person. Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":279369,"text":"The names and personal contact information of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§ 36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made to a local governing body. As used in this subdivision, “personal contact information” includes the complainant’s home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication device.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":279370,"text":"Records of active investigations being conducted by the Department of Criminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.), Article 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and Article 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":279371,"text":"Information furnished to or prepared by the Board of Education pursuant to subsection F of § 22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests. However, this section shall not prohibit the disclosure of such information to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":279372,"text":"Information contained in (i) an application for licensure or renewal of a license for teachers and other school personnel, including transcripts or other documents submitted in support of an application, and (ii) an active investigation conducted by or for the Board of Education related to the denial, suspension, cancellation, revocation, or reinstatement of teacher and other school personnel licenses including investigator notes and other correspondence and information, furnished in confidence with respect to such investigation. However, this subdivision shall not prohibit the disclosure of such (a) application information to the applicant at his own expense or (b) investigation information to a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of any complainant or person supplying information to investigators. The completed investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation fails to support a complaint or does not lead to corrective action, the identity of the person who was the subject of the complaint may be released only with the consent of the subject person. No personally identifiable information regarding a current or former student shall be released except as permitted by state or federal law.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":279373,"text":"Information provided in confidence and related to an investigation by the Attorney General under Article 1 (§ 3.2-4200 et seq.) or Article 3 (§ 3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, or Article 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However, information related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses, or other individuals involved in the investigation.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":279374,"text":"Records of active investigations being conducted by the Department of Behavioral Health and Developmental Services pursuant to Chapter 4 (§ 37.2-400 et seq.) of Title 37.2.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12"}},"ancestry":[{"id":12976,"edition_id":1,"name":"Virginia Freedom of Information Act","identifier":"37","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":176447,"object_type":"structure","relational_id":12976,"identifier":"37","token":"2.2\/II\/B\/37","url":"\/2.2\/II\/B\/37\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55569,"structure_id":12976,"section_number":"2.2-3700","catch_line":"Short title; 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records relating to public safety","url":"\/2.2-3705.2\/","token":"2.2\/II\/B\/37\/2.2-3705.2","metadata":false},"next_section":{"id":69909,"structure_id":12976,"section_number":"2.2-3705.4","catch_line":"Exclusions to application of chapter; educational records and certain records of educational institutions","url":"\/2.2-3705.4\/","token":"2.2\/II\/B\/37\/2.2-3705.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3705.3\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 485<\/a>, 518<\/a>, 703<\/a>, 726<\/a>, 793<\/a>, 849<\/a>, 852<\/a>, 867<\/a>, 868<\/a>, and 881<\/a> 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. It has been modified 21 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 2000, chapters 66<\/a>, 237<\/a>, 382<\/a>, 400<\/a>, 430<\/a>, 583<\/a>, 589<\/a>, 592<\/a>, 594<\/a>, 618<\/a>, 632<\/a>, 657<\/a>, 720<\/a>, 932<\/a>, 933<\/a>, 947<\/a>, 1006<\/a>, and 1064<\/a>; in 2001, chapters 288<\/a>, 518<\/a>, and 844<\/a>; in 2002, chapters 87<\/a>, 155<\/a>, 242<\/a>, 393<\/a>, 478<\/a>, 481<\/a>, 499<\/a>, 522<\/a>, 571<\/a>, 572<\/a>, 633<\/a>, 655<\/a>, 715<\/a>, 798<\/a>, and 830<\/a>; in 2003, chapters 274<\/a>, 307<\/a>, 327<\/a>, 332<\/a>, 358<\/a>, 704<\/a>, 801<\/a>, 884<\/a>, 891<\/a>, 893<\/a>, 897<\/a>, and 968<\/a>; in 2004, chapters 605<\/a>, 690<\/a>, and 766<\/a>; in 2005, chapter 601<\/a>; in 2006, chapters 25<\/a> and 95<\/a>; in 2008, chapters 387<\/a>, 668<\/a>, 689<\/a>, and 758<\/a>; in 2009, chapters 237<\/a>, 326<\/a>, and 340<\/a>; in 2011, chapters 798<\/a> and 871<\/a>; in 2012, chapters 476<\/a>, 507<\/a>, 803<\/a>, and 835<\/a>; in 2013, chapters 571<\/a>, 572<\/a>, 690<\/a>, 717<\/a>, and 723<\/a>; in 2014, chapters 225<\/a>, 414<\/a>, 609<\/a>, and 788<\/a>; in 2015, chapters 38<\/a> and 730<\/a>; in 2016, chapters 272<\/a>, 620<\/a>, and 716<\/a>; in 2017, chapter 778<\/a>; in 2020, chapter 48<\/a>; in 2022, chapters 589<\/a> and 590<\/a>; in 2023, chapters 668<\/a> and 669<\/a>; in 2024, chapters 64<\/a> and 732<\/a>; in 2025, chapter 675<\/a>.<\/p>","references":[{"id":72789,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","order_by":null,"url":"\/2.2-3711\/"},{"id":65986,"section_number":"22.1-253.13:3","catch_line":"(Effective July 1, 2026) Standard 3. Accreditation, other standards, assessments, and releases from state regulations","order_by":null,"url":"\/22.1-253.13_3\/"}],"refers_to":[{"id":81095,"section_number":"15.2-825","catch_line":"Committee for legislative audit and review","order_by":null,"url":"\/15.2-825\/"},{"id":71567,"section_number":"15.2-965","catch_line":"Human rights ordinances and commissions","order_by":null,"url":"\/15.2-965\/"},{"id":66660,"section_number":"18.2-246.6","catch_line":"Definitions","order_by":null,"url":"\/18.2-246.6\/"},{"id":84355,"section_number":"18.2-340.15","catch_line":"State control of charitable gaming","order_by":null,"url":"\/18.2-340.15\/"},{"id":77961,"section_number":"18.2-512","catch_line":"Short title","order_by":null,"url":"\/18.2-512\/"},{"id":70276,"section_number":"2.2-3009","catch_line":"Policy","order_by":null,"url":"\/2.2-3009\/"},{"id":82218,"section_number":"2.2-3010","catch_line":"Definitions","order_by":null,"url":"\/2.2-3010\/"},{"id":83095,"section_number":"2.2-307","catch_line":"Definitions","order_by":null,"url":"\/2.2-307\/"},{"id":59602,"section_number":"2.2-3704.01","catch_line":"Records containing both excluded and nonexcluded information; duty to redact","order_by":null,"url":"\/2.2-3704.01\/"},{"id":68757,"section_number":"2.2-3900","catch_line":"Short title; declaration of policy","order_by":null,"url":"\/2.2-3900\/"},{"id":58822,"section_number":"2.2-524","catch_line":"Powers of local commissions","order_by":null,"url":"\/2.2-524\/"},{"id":65986,"section_number":"22.1-253.13:3","catch_line":"(Effective July 1, 2026) Standard 3. Accreditation, other standards, assessments, and releases from state regulations","order_by":null,"url":"\/22.1-253.13_3\/"},{"id":65870,"section_number":"27-94","catch_line":"Short title","order_by":null,"url":"\/27-94\/"},{"id":80296,"section_number":"3.2-4200","catch_line":"Definitions","order_by":null,"url":"\/3.2-4200\/"},{"id":80628,"section_number":"3.2-4204","catch_line":"Definitions","order_by":null,"url":"\/3.2-4204\/"},{"id":75748,"section_number":"32.1-323","catch_line":"Department of Medical Assistance Services","order_by":null,"url":"\/32.1-323\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"},{"id":58222,"section_number":"37.2-400","catch_line":"Rights of individuals receiving services","order_by":null,"url":"\/37.2-400\/"},{"id":77273,"section_number":"58.1-1000","catch_line":"Definitions","order_by":null,"url":"\/58.1-1000\/"},{"id":56298,"section_number":"58.1-4000","catch_line":"Short title","order_by":null,"url":"\/58.1-4000\/"},{"id":55730,"section_number":"58.1-4014","catch_line":"Price of tickets or shares; who may sell; penalty","order_by":null,"url":"\/58.1-4014\/"},{"id":57248,"section_number":"58.1-4018","catch_line":"Prohibited actions; penalty","order_by":null,"url":"\/58.1-4018\/"},{"id":65703,"section_number":"58.1-4100","catch_line":"Definitions","order_by":null,"url":"\/58.1-4100\/"},{"id":69682,"section_number":"9.1-138","catch_line":"Definitions","order_by":null,"url":"\/9.1-138\/"},{"id":74519,"section_number":"9.1-150.1","catch_line":"Definitions","order_by":null,"url":"\/9.1-150.1\/"},{"id":79481,"section_number":"9.1-185","catch_line":"Definitions","order_by":null,"url":"\/9.1-185\/"},{"id":61441,"section_number":"9.1-186","catch_line":"Definitions","order_by":null,"url":"\/9.1-186\/"}],"permalink":{"id":176501,"object_type":"law","relational_id":77912,"identifier":"2.2-3705.3","token":"2.2\/II\/B\/37\/2.2-3705.3","url":"\/2.2-3705.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3705.3\/","token":"2.2\/II\/B\/37\/2.2-3705.3","dublin_core":{"Title":"(Effective July 1, 2026) Exclusions to application of chapter; records relating to administrative investigations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3705.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law<\/span>. Redaction of information excluded under this section from a public record shall be conducted in accordance with \u00a7 2.2-3704.01<\/a>.<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Cannabis Control Authority, the Virginia Lottery pursuant to Chapter 40 (§ 58.1-4000<\/a> et seq.) and Chapter 41 (§ 58.1-4100<\/a> et seq.) of Title 58.1, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relating to investigations and applications pursuant to Article 1.1:1 (§ 18.2-340.15<\/a> et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of the Department of Criminal Justice Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Records of active investigations being conducted by the Virginia Cannabis Control Authority or by the Department of Health Professions or any health regulatory board in the Commonwealth pursuant to § 54.1-108<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management, to such personnel of any local public body<\/span>, including local school boards, as are responsible for conducting such investigations in confidence, or to any public institution of higher education. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§ 32.1-323<\/a> et seq.) of Title 32.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§ 2.2-3900<\/a> et seq.) or under any local ordinance<\/span> adopted in accordance with the authority specified in § 2.2-524<\/a>, or adopted pursuant to § 15.2-965<\/a>, or adopted prior to July 1, 1987, in accordance with applicable law<\/span>, relating to local human rights or human relations commissions. However, nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Information relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes<\/span> under §§ 58.1-4014<\/a> through 58.1-4018<\/a>, (iv) defects in the law<\/span> or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime<\/span> and illegal gambling where such information has not been publicly released, published or copyrighted. All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the study or investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Investigative notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter or any Virginia statute<\/span>, provided to or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint Legislative Audit and Review Commission; (iii) an appropriate authority as defined in § 2.2-3010<\/a> with respect to an allegation<\/span> of wrongdoing or abuse under the Fraud<\/span> and Abuse Whistle Blower Protection Act (§ 2.2-3009<\/a> et seq.); (iv) the Office of the State Inspector General with respect to an investigation initiated through the Fraud<\/span>, Waste and Abuse Hotline or an investigation initiated pursuant to Chapter 3.2 (§ 2.2-307<\/a> et seq.); (v) internal auditors appointed by the head of a state agency<\/span> or by any public institution of higher education; (vi) the committee or the auditor with respect to an investigation or audit conducted pursuant to § 15.2-825<\/a>; (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance<\/span>, or statute<\/span> have responsibility for conducting an investigation of any officer, department, or program of such body; or (viii) the Behavioral Health Commission. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying information to investigators. Unless disclosure is excluded by this subdivision, the information disclosed shall include the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person. Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The names and personal contact information<\/span> of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§ 36-97<\/a> et seq.) or the Statewide Fire Prevention Code (§ 27-94<\/a> et seq.) made to a local governing body. As used in this subdivision, “personal contact information<\/span>” includes the complainant’s home or business (i) address, (ii) email address, or (iii) telephone number or comparable number assigned to any other electronic communication<\/span> device. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Records of active investigations being conducted by the Department of Criminal Justice Services pursuant to Article 4 (§ 9.1-138<\/a> et seq.), Article 4.1 (§ 9.1-150.1<\/a> et seq.), Article 11 (§ 9.1-185<\/a> et seq.), and Article 12 (§ 9.1-186<\/a> et seq.) of Chapter 1 of Title 9.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Information furnished to or prepared by the Board of Education pursuant to subsection F of § 22.1-253.13:3<\/a> in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests. However, this section shall not prohibit the disclosure of such information to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Information contained in (i) an application for licensure or renewal of a license for teachers and other school personnel, including transcripts<\/span> or other documents submitted in support of an application, and (ii) an active investigation conducted by or for the Board of Education related to the denial, suspension, cancellation, revocation<\/span>, or reinstatement of teacher and other school personnel licenses including investigator notes and other correspondence and information, furnished in confidence with respect to such investigation. However, this subdivision shall not prohibit the disclosure of such (a) application information to the applicant at his own expense or (b) investigation information to a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of any complainant or person supplying information to investigators. The completed investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation fails to support a complaint or does not lead to corrective action, the identity of the person who was the subject of the complaint may be released only with the consent of the subject person. No personally identifiable information regarding a current or former student shall be released except as permitted by state or federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Information provided in confidence and related to an investigation by the Attorney General<\/span> under Article 1 (§ 3.2-4200<\/a> et seq.) or Article 3 (§ 3.2-4204<\/a> et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6<\/a> et seq.) of Chapter 6 or Chapter 13 (§ 18.2-512<\/a> et seq.) of Title 18.2, or Article 1 (§ 58.1-1000<\/a>) of Chapter 10 of Title 58.1. However, information related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law<\/span> and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses, or other individuals involved in the investigation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Records of active investigations being conducted by the Department of Behavioral Health and Developmental Services pursuant to Chapter 4 (§ 37.2-400<\/a> et seq.) of Title 37.2. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) EXCLUSIONS TO APPLICATION OF CHAPTER; RECORDS RELATING\nTO ADMINISTRATIVE INVESTIGATIONS (\u00a7 2.2-3705.3)\n\nThe following information contained in a public record is excluded from the\nmandatory disclosure provisions of this chapter but may be disclosed by the\ncustodian in his discretion, except where such disclosure is prohibited by law.\nRedaction of information excluded under this section from a public record shall\nbe conducted in accordance with \u00a7 2.2-3704.01.\n\n1. Information relating to investigations of applicants for licenses and\npermits, and of all licensees and permittees, made by or submitted to the\nVirginia Alcoholic Beverage Control Authority, the Virginia Cannabis Control\nAuthority, the Virginia Lottery pursuant to Chapter 40 (§ 58.1-4000 et\nseq.) and Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1, the Virginia\nRacing Commission, the Department of Agriculture and Consumer Services relating\nto investigations and applications pursuant to Article 1.1:1 (§ 18.2-340.15\net seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of\nthe Department of Criminal Justice Services.\n\n2. Records of active investigations being conducted by the Virginia Cannabis\nControl Authority or by the Department of Health Professions or any health\nregulatory board in the Commonwealth pursuant to § 54.1-108.\n\n3. Investigator notes, and other correspondence and information, furnished in\nconfidence with respect to an active investigation of individual employment\ndiscrimination complaints made to the Department of Human Resource Management,\nto such personnel of any local public body, including local school boards, as\nare responsible for conducting such investigations in confidence, or to any\npublic institution of higher education. However, nothing in this subdivision\nshall prevent the disclosure of information taken from inactive reports in a\nform that does not reveal the identity of charging parties, persons supplying\nthe information, or other individuals involved in the investigation.\n\n4. Records of active investigations being conducted by the Department of Medical\nAssistance Services pursuant to Chapter 10 (§ 32.1-323 et seq.) of Title\n32.1.\n\n5. Investigative notes and other correspondence and information furnished in\nconfidence with respect to an investigation or conciliation process involving an\nalleged unlawful discriminatory practice under the Virginia Human Rights Act\n(§ 2.2-3900 et seq.) or under any local ordinance adopted in accordance\nwith the authority specified in § 2.2-524, or adopted pursuant to §\n15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law,\nrelating to local human rights or human relations commissions. However, nothing\nin this subdivision shall prevent the distribution of information taken from\ninactive reports in a form that does not reveal the identity of the parties\ninvolved or other persons supplying information.\n\n6. Information relating to studies and investigations by the Virginia Lottery of\n(i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under\n§§ 58.1-4014 through 58.1-4018, (iv) defects in the law or regulations\nthat cause abuses in the administration and operation of the lottery and any\nevasions of such provisions, or (v) the use of the lottery as a subterfuge for\norganized crime and illegal gambling where such information has not been\npublicly released, published or copyrighted. All studies and investigations\nreferred to under clauses (iii), (iv), and (v) shall be open to inspection and\ncopying upon completion of the study or investigation.\n\n7. Investigative notes, correspondence and information furnished in confidence,\nand records otherwise exempted by this chapter or any Virginia statute, provided\nto or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint\nLegislative Audit and Review Commission; (iii) an appropriate authority as\ndefined in § 2.2-3010 with respect to an allegation of wrongdoing or abuse\nunder the Fraud and Abuse Whistle Blower Protection Act (§ 2.2-3009 et\nseq.); (iv) the Office of the State Inspector General with respect to an\ninvestigation initiated through the Fraud, Waste and Abuse Hotline or an\ninvestigation initiated pursuant to Chapter 3.2 (§ 2.2-307 et seq.); (v)\ninternal auditors appointed by the head of a state agency or by any public\ninstitution of higher education; (vi) the committee or the auditor with respect\nto an investigation or audit conducted pursuant to § 15.2-825; (vii) the\nauditors, appointed by the local governing body of any county, city, or town or\na school board, who by charter, ordinance, or statute have responsibility for\nconducting an investigation of any officer, department, or program of such body;\nor (viii) the Behavioral Health Commission. Information contained in completed\ninvestigations shall be disclosed in a form that does not reveal the identity of\nthe complainants or persons supplying information to investigators. Unless\ndisclosure is excluded by this subdivision, the information disclosed shall\ninclude the agency involved, the identity of the person who is the subject of\nthe complaint, the nature of the complaint, and the actions taken to resolve the\ncomplaint. If an investigation does not lead to corrective action, the identity\nof the person who is the subject of the complaint may be released only with the\nconsent of the subject person. Local governing bodies shall adopt guidelines to\ngovern the disclosure required by this subdivision.\n\n8. The names and personal contact information of complainants furnished in\nconfidence with respect to an investigation of individual zoning enforcement\ncomplaints or complaints relating to the Uniform Statewide Building Code (§\n36-97 et seq.) or the Statewide Fire Prevention Code (§ 27-94 et seq.) made\nto a local governing body. As used in this subdivision, “personal contact\ninformation” includes the complainant’s home or business (i)\naddress, (ii) email address, or (iii) telephone number or comparable number\nassigned to any other electronic communication device.\n\n9. Records of active investigations being conducted by the Department of\nCriminal Justice Services pursuant to Article 4 (§ 9.1-138 et seq.),\nArticle 4.1 (§ 9.1-150.1 et seq.), Article 11 (§ 9.1-185 et seq.), and\nArticle 12 (§ 9.1-186 et seq.) of Chapter 1 of Title 9.1.\n\n10. Information furnished to or prepared by the Board of Education pursuant to\nsubsection F of § 22.1-253.13:3 in connection with the review or\ninvestigation of any alleged breach in security, unauthorized alteration, or\nimproper administration of tests by local school board employees responsible for\nthe distribution or administration of the tests. However, this section shall not\nprohibit the disclosure of such information to (i) a local school board or\ndivision superintendent for the purpose of permitting such board or\nsuperintendent to consider or to take personnel action with regard to an\nemployee or (ii) any requester, after the conclusion of a review or\ninvestigation, in a form that (a) does not reveal the identity of any person\nmaking a complaint or supplying information to the Board on a confidential basis\nand (b) does not compromise the security of any test mandated by the Board.\n\n11. Information contained in (i) an application for licensure or renewal of a\nlicense for teachers and other school personnel, including transcripts or other\ndocuments submitted in support of an application, and (ii) an active\ninvestigation conducted by or for the Board of Education related to the denial,\nsuspension, cancellation, revocation, or reinstatement of teacher and other\nschool personnel licenses including investigator notes and other correspondence\nand information, furnished in confidence with respect to such investigation.\nHowever, this subdivision shall not prohibit the disclosure of such (a)\napplication information to the applicant at his own expense or (b) investigation\ninformation to a local school board or division superintendent for the purpose\nof permitting such board or superintendent to consider or to take personnel\naction with regard to an employee. Information contained in completed\ninvestigations shall be disclosed in a form that does not reveal the identity of\nany complainant or person supplying information to investigators. The completed\ninvestigation information disclosed shall include information regarding the\nschool or facility involved, the identity of the person who was the subject of\nthe complaint, the nature of the complaint, and the actions taken to resolve the\ncomplaint. If an investigation fails to support a complaint or does not lead to\ncorrective action, the identity of the person who was the subject of the\ncomplaint may be released only with the consent of the subject person. No\npersonally identifiable information regarding a current or former student shall\nbe released except as permitted by state or federal law.\n\n12. Information provided in confidence and related to an investigation by the\nAttorney General under Article 1 (§ 3.2-4200 et seq.) or Article 3 (§\n3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6 et\nseq.) of Chapter 6 or Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, or\nArticle 1 (§ 58.1-1000) of Chapter 10 of Title 58.1. However, information\nrelated to an investigation that has been inactive for more than six months\nshall, upon request, be disclosed provided such disclosure is not otherwise\nprohibited by law and does not reveal the identity of charging parties,\ncomplainants, persons supplying information, witnesses, or other individuals\ninvolved in the investigation.\n\n13. Records of active investigations being conducted by the Department of\nBehavioral Health and Developmental Services pursuant to Chapter 4 (§\n37.2-400 et seq.) of Title 37.2.\n\nHISTORY: 1999, cc. 485, 518, 703, 726, 793, 849, 852, 867, 868, 881, \u00a7\n2.1-342.01; 2000, cc. 66, 237, 382, 400, 430, 583, 589, 592, 594, 618, 632, 657,\n720, 932, 933, 947, 1006, 1064; 2001, cc. 288, 518, 844, \u00a7 2.2-3705; 2002, cc.\n87, 155, 242, 393, 478, 481, 499, 522, 571, 572, 633, 655, 715, 798, 830; 2003,\ncc. 274, 307, 327, 332, 358, 704, 801, 884, 891, 893, 897, 968; 2004, cc. 605,\n690, 766; 2005, c. 601; 2006, cc. 25, 95; 2008, cc. 387, 668, 689, 758; 2009,\ncc. 237, 326, 340; 2011, cc. 798, 871; 2012, cc. 476, 507, 803, 835; 2013, cc.\n571, 572, 690, 717, 723; 2014, cc. 225, 414, 609, 788; 2015, cc. 38, 730; 2016,\ncc. 272, 620, 716; 2017, c. 778; 2020, c. 48; 2022, cc. 589, 590; 2023, cc. 668,\n669; 2024, cc. 64, 732; 2025, c. 675.","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}}