{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-3706.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-3706.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-3706.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-3706.1.html"}],"law_id":78370,"edition_id":1,"section_id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","history":"2021, Sp. Sess. I, c. 483; 2022, c. 386; 2024, cc. 580, 582; 2025, cc. 634, 671.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Criminal investigative files” means any documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence, relating to a criminal investigation or prosecution, other than criminal incident information subject to disclosure in accordance with subsection B.\n\t\t\t“Family representative” means the decedent’s personal representative or, if no personal representative as set forth in § 64.2-100 has qualified, the decedent’s next of kin in order of intestate succession as set forth in § 64.2-200.\n\t\t\t“Immediate family members” means the decedent’s family representative, spouse, child, sibling, parent, grandparent, or grandchild. “Immediate family members” include a stepparent, stepchild, stepsibling, and adoptive relationships.\n\t\t\t“Ongoing” refers to a case in which the prosecution has not been finally adjudicated, the investigation continues to gather evidence for a possible future criminal case, and such case would be jeopardized by the premature release of evidence.B\n\nAll public bodies engaged in criminal law-enforcement activities shall provide records and information when requested in accordance with the provisions of this chapter regarding criminal incident information relating to felony offenses contained in any report, notes, electronic communication, or other document, including filings through an incident-based reporting system, which shall include:1\n\nA general description of the criminal activity reported;2\n\nThe date and time the alleged crime was committed;3\n\nThe general location where the alleged crime was committed;4\n\nThe identity of the investigating officer or other point of contact; and5\n\nA description of any injuries suffered or property damaged or stolen.\n\t\t\t\tA verbal response as agreed to by the requester and the public body is sufficient to satisfy the requirements of this subsection.C\n\nCriminal investigative files relating to an ongoing criminal investigation or proceeding are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except as provided in subsection E or where such disclosure is prohibited by law.D\n\nCriminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian, in his discretion, except as provided in subsection E; however, such records shall be disclosed, by request, to the following persons, regardless of whether any such person is a citizen of the Commonwealth:1\n\nThe victim;2\n\nThe victim’s immediate family members, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding;3\n\nThe parent or guardian of the victim, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding;4\n\nAn attorney representing a petitioner in a petition for a writ of habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or any other federal or state post-conviction proceeding or pardon; and5\n\nFor the sole purpose of inspection at the location where such records are maintained by the public body that is the custodian of the records, (i) an attorney or his agent when such attorney is considering representing a petitioner in a post-conviction proceeding or pardon, (ii) an attorney who provides a sworn declaration that the attorney has been retained by an individual for purposes of pursuing a civil or criminal action and has a good faith basis to believe that the records being requested are material to such action, or (iii) a person who is proceeding pro se in a petition for a writ of habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or any other federal or state post-conviction proceeding or pardon, who provides a sworn affidavit that the records being requested are material to such action.\n\t\t\t\tAn attorney or his agent who is in receipt of criminal investigative files or has inspected criminal investigative files pursuant to subdivision 4 or 5 shall not release such criminal investigative files or any information contained therein except as necessary to provide adequate legal advice or representation to a person whom the attorney either represents or is considering representing in a post-conviction proceeding or pardon or represents in a civil or criminal action.\n\t\t\t\tAn attorney who is in receipt of criminal investigative files pursuant to subdivision 4 shall return the criminal investigative files to the public body that is the custodian of such records within 90 days of a final determination of any writ of habeas corpus, writ of actual innocence, or other federal or state post-conviction proceeding or pardon or, if no petition for such writ or post-conviction proceeding or pardon was filed, within six months of the attorney’s receipt of the records.\n\t\t\t\tNo disclosure for the purpose of inspection pursuant to clause (iii) of subdivision 5 shall be made unless an appropriate circuit court has reviewed the affidavit provided and determined the records requested are material to the action being pursued. The court shall order the person not to disclose or otherwise release any information contained in a criminal investigative file except as necessary for the pending action and may include other conditions as appropriate.E\n\nThe provisions of subsections C and D shall not apply if the release of such information:1\n\nWould interfere with a particular ongoing criminal investigation or proceeding in a particularly identifiable manner;2\n\nWould deprive a person of a right to a fair trial or an impartial adjudication;3\n\nWould constitute an unwarranted invasion of personal privacy;4\n\nWould disclose (i) the identity of a confidential source or (ii) in the case of a record compiled by a law-enforcement agency in the course of a criminal investigation, information furnished only by a confidential source;5\n\nWould disclose law-enforcement investigative techniques and procedures, if such disclosure could reasonably be expected to risk circumvention of the law; or6\n\nWould endanger the life or physical safety of any individual.\n\t\t\t\tNothing in this subsection shall be construed to authorize the withholding of those portions of such information that are unlikely to cause any effect listed herein.F\n\nNotwithstanding the provisions of subsection C or D, no criminal investigative file or portion thereof, except disclosure of records under subdivision D 4 or clause (i) of subdivision D 5, shall be disclosed to any requester pursuant to this section, unless the public body has made reasonable efforts to notify (i) the victim; (ii) the victim’s immediate family members, if the victim is deceased and the immediate family member to be notified is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the victim’s parent or guardian, if the victim is a minor and the parent or guardian to be notified is not a person of interest or a suspect in the criminal investigation or proceeding.\n\t\t\tUpon receipt of notice that a public body has received a request for criminal investigative files pursuant to this section, an individual listed in clause (i), (ii), or (iii) shall have 14 days to file in an appropriate court a petition for an injunction to prevent the disclosure of the records as set forth in § 8.01-622.2. The public body shall not respond to the request until at least 14 days has passed from the time notice was received by an individual listed in clause (i), (ii), or (iii) unless such individual has waived the 14-day period or at the request of the victim’s insurance company or attorney. The period within which the public body shall respond to the underlying request pursuant to § 2.2-3704 shall be tolled pending the notification process and any subsequent disposition by the court.G\n\nNo photographic, audio, video, or other record depicting a victim or allowing for a victim to be readily identified shall be released pursuant to subsection C or D to anyone except (i) the victim; (ii) the victim’s family representative, if the victim is deceased and the family representative to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding; (iii) the victim’s parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding; or (iv) the victim’s insurance company or attorney.H\n\nNothing in this section shall prohibit the disclosure of current anonymized, aggregate location and demographic data collected pursuant to § 52-30.2 or similar data documenting law-enforcement officer encounters with members of the public.I\n\nIn the event of a conflict between this section as it relates to requests made under this section and other provisions of law, the other provisions of law that restrict disclosure of criminal investigative files shall control.J\n\nThe following records shall not be released under the provisions of this section:1\n\nAny record that has been expunged pursuant to § 19.2-392.2, unless dissemination is authorized pursuant to § 19.2-392.3 or 19.2-392.3:1; and2\n\nAny record that has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17, unless dissemination is authorized pursuant to § 19.2-392.13 and the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.","order_by":null,"text":{"0":{"id":280874,"text":"For purposes of this section:\n\t\t\t“Criminal investigative files” means any documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence, relating to a criminal investigation or prosecution, other than criminal incident information subject to disclosure in accordance with subsection B.\n\t\t\t“Family representative” means the decedent’s personal representative or, if no personal representative as set forth in § 64.2-100 has qualified, the decedent’s next of kin in order of intestate succession as set forth in § 64.2-200.\n\t\t\t“Immediate family members” means the decedent’s family representative, spouse, child, sibling, parent, grandparent, or grandchild. “Immediate family members” include a stepparent, stepchild, stepsibling, and adoptive relationships.\n\t\t\t“Ongoing” refers to a case in which the prosecution has not been finally adjudicated, the investigation continues to gather evidence for a possible future criminal case, and such case would be jeopardized by the premature release of evidence.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280875,"text":"All public bodies engaged in criminal law-enforcement activities shall provide records and information when requested in accordance with the provisions of this chapter regarding criminal incident information relating to felony offenses contained in any report, notes, electronic communication, or other document, including filings through an incident-based reporting system, which shall include:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":280876,"text":"A general description of the criminal activity reported;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":280877,"text":"The date and time the alleged crime was committed;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":280878,"text":"The general location where the alleged crime was committed;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":280879,"text":"The identity of the investigating officer or other point of contact; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":280880,"text":"A description of any injuries suffered or property damaged or stolen.\n\t\t\t\tA verbal response as agreed to by the requester and the public body is sufficient to satisfy the requirements of this subsection.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":280881,"text":"Criminal investigative files relating to an ongoing criminal investigation or proceeding are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except as provided in subsection E or where such disclosure is prohibited by law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":280882,"text":"Criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian, in his discretion, except as provided in subsection E; however, such records shall be disclosed, by request, to the following persons, regardless of whether any such person is a citizen of the Commonwealth:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"9":{"id":280883,"text":"The victim;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"10":{"id":280884,"text":"The victim’s immediate family members, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding;","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"11":{"id":280885,"text":"The parent or guardian of the victim, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding;","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"D4"},"12":{"id":280886,"text":"An attorney representing a petitioner in a petition for a writ of habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or any other federal or state post-conviction proceeding or pardon; and","type":"section","prefixes":["D","4"],"prefix":"4","entire_prefix":"D4","prefix_anchor":"D4","level":2,"prior_prefix":"D3","next_prefix":"D5"},"13":{"id":280887,"text":"For the sole purpose of inspection at the location where such records are maintained by the public body that is the custodian of the records, (i) an attorney or his agent when such attorney is considering representing a petitioner in a post-conviction proceeding or pardon, (ii) an attorney who provides a sworn declaration that the attorney has been retained by an individual for purposes of pursuing a civil or criminal action and has a good faith basis to believe that the records being requested are material to such action, or (iii) a person who is proceeding pro se in a petition for a writ of habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) of Title 19.2 or any other federal or state post-conviction proceeding or pardon, who provides a sworn affidavit that the records being requested are material to such action.\n\t\t\t\tAn attorney or his agent who is in receipt of criminal investigative files or has inspected criminal investigative files pursuant to subdivision 4 or 5 shall not release such criminal investigative files or any information contained therein except as necessary to provide adequate legal advice or representation to a person whom the attorney either represents or is considering representing in a post-conviction proceeding or pardon or represents in a civil or criminal action.\n\t\t\t\tAn attorney who is in receipt of criminal investigative files pursuant to subdivision 4 shall return the criminal investigative files to the public body that is the custodian of such records within 90 days of a final determination of any writ of habeas corpus, writ of actual innocence, or other federal or state post-conviction proceeding or pardon or, if no petition for such writ or post-conviction proceeding or pardon was filed, within six months of the attorney’s receipt of the records.\n\t\t\t\tNo disclosure for the purpose of inspection pursuant to clause (iii) of subdivision 5 shall be made unless an appropriate circuit court has reviewed the affidavit provided and determined the records requested are material to the action being pursued. The court shall order the person not to disclose or otherwise release any information contained in a criminal investigative file except as necessary for the pending action and may include other conditions as appropriate.","type":"section","prefixes":["D","5"],"prefix":"5","entire_prefix":"D5","prefix_anchor":"D5","level":2,"prior_prefix":"D4","next_prefix":"E"},"14":{"id":280888,"text":"The provisions of subsections C and D shall not apply if the release of such information:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D5","next_prefix":"E1"},"15":{"id":280889,"text":"Would interfere with a particular ongoing criminal investigation or proceeding in a particularly identifiable manner;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"16":{"id":280890,"text":"Would deprive a person of a right to a fair trial or an impartial adjudication;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"17":{"id":280891,"text":"Would constitute an unwarranted invasion of personal privacy;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"18":{"id":280892,"text":"Would disclose (i) the identity of a confidential source or (ii) in the case of a record compiled by a law-enforcement agency in the course of a criminal investigation, information furnished only by a confidential source;","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"19":{"id":280893,"text":"Would disclose law-enforcement investigative techniques and procedures, if such disclosure could reasonably be expected to risk circumvention of the law; or","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"E6"},"20":{"id":280894,"text":"Would endanger the life or physical safety of any individual.\n\t\t\t\tNothing in this subsection shall be construed to authorize the withholding of those portions of such information that are unlikely to cause any effect listed herein.","type":"section","prefixes":["E","6"],"prefix":"6","entire_prefix":"E6","prefix_anchor":"E6","level":2,"prior_prefix":"E5","next_prefix":"F"},"21":{"id":280895,"text":"Notwithstanding the provisions of subsection C or D, no criminal investigative file or portion thereof, except disclosure of records under subdivision D 4 or clause (i) of subdivision D 5, shall be disclosed to any requester pursuant to this section, unless the public body has made reasonable efforts to notify (i) the victim; (ii) the victim’s immediate family members, if the victim is deceased and the immediate family member to be notified is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the victim’s parent or guardian, if the victim is a minor and the parent or guardian to be notified is not a person of interest or a suspect in the criminal investigation or proceeding.\n\t\t\tUpon receipt of notice that a public body has received a request for criminal investigative files pursuant to this section, an individual listed in clause (i), (ii), or (iii) shall have 14 days to file in an appropriate court a petition for an injunction to prevent the disclosure of the records as set forth in § 8.01-622.2. The public body shall not respond to the request until at least 14 days has passed from the time notice was received by an individual listed in clause (i), (ii), or (iii) unless such individual has waived the 14-day period or at the request of the victim’s insurance company or attorney. The period within which the public body shall respond to the underlying request pursuant to § 2.2-3704 shall be tolled pending the notification process and any subsequent disposition by the court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E6","next_prefix":"G"},"22":{"id":280896,"text":"No photographic, audio, video, or other record depicting a victim or allowing for a victim to be readily identified shall be released pursuant to subsection C or D to anyone except (i) the victim; (ii) the victim’s family representative, if the victim is deceased and the family representative to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding; (iii) the victim’s parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding; or (iv) the victim’s insurance company or attorney.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"23":{"id":280897,"text":"Nothing in this section shall prohibit the disclosure of current anonymized, aggregate location and demographic data collected pursuant to § 52-30.2 or similar data documenting law-enforcement officer encounters with members of the public.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"24":{"id":280898,"text":"In the event of a conflict between this section as it relates to requests made under this section and other provisions of law, the other provisions of law that restrict disclosure of criminal investigative files shall control.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"25":{"id":280899,"text":"The following records shall not be released under the provisions of this section:","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"J1"},"26":{"id":280900,"text":"Any record that has been expunged pursuant to § 19.2-392.2, unless dissemination is authorized pursuant to § 19.2-392.3 or 19.2-392.3:1; and","type":"section","prefixes":["J","1"],"prefix":"1","entire_prefix":"J1","prefix_anchor":"J1","level":2,"prior_prefix":"J","next_prefix":"J2"},"27":{"id":280901,"text":"Any record that has been sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17, unless dissemination is authorized pursuant to § 19.2-392.13 and the rules and regulations adopted pursuant to § 9.1-128 and the procedures adopted pursuant to § 9.1-134.","type":"section","prefixes":["J","2"],"prefix":"2","entire_prefix":"J2","prefix_anchor":"J2","level":2,"prior_prefix":"J1"}},"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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health and social services records","url":"\/2.2-3705.5\/","token":"2.2\/II\/B\/37\/2.2-3705.5","metadata":false},{"id":59772,"structure_id":12976,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","url":"\/2.2-3705.6\/","token":"2.2\/II\/B\/37\/2.2-3705.6","metadata":false},{"id":79544,"structure_id":12976,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","url":"\/2.2-3705.7\/","token":"2.2\/II\/B\/37\/2.2-3705.7","metadata":false},{"id":59878,"structure_id":12976,"section_number":"2.2-3705.8","catch_line":"Limitation on record exclusions","url":"\/2.2-3705.8\/","token":"2.2\/II\/B\/37\/2.2-3705.8","metadata":false},{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},{"id":78370,"structure_id":12976,"section_number":"2.2-3706.1","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","metadata":false},{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},{"id":58814,"structure_id":12976,"section_number":"2.2-3707.01","catch_line":"Meetings of the General Assembly","url":"\/2.2-3707.01\/","token":"2.2\/II\/B\/37\/2.2-3707.01","metadata":false},{"id":79260,"structure_id":12976,"section_number":"2.2-3707.02","catch_line":"Meetings of Virginia Parole Board","url":"\/2.2-3707.02\/","token":"2.2\/II\/B\/37\/2.2-3707.02","metadata":false},{"id":66397,"structure_id":12976,"section_number":"2.2-3707.1","catch_line":"Posting of minutes for state boards and commissions","url":"\/2.2-3707.1\/","token":"2.2\/II\/B\/37\/2.2-3707.1","metadata":false},{"id":58470,"structure_id":12976,"section_number":"2.2-3707.2","catch_line":"Posting of minutes for local public bodies","url":"\/2.2-3707.2\/","token":"2.2\/II\/B\/37\/2.2-3707.2","metadata":false},{"id":87037,"structure_id":12976,"section_number":"2.2-3708","catch_line":"Repealed","url":"\/2.2-3708\/","token":"2.2\/II\/B\/37\/2.2-3708","metadata":false},{"id":55165,"structure_id":12976,"section_number":"2.2-3708.1","catch_line":"Repealed","url":"\/2.2-3708.1\/","token":"2.2\/II\/B\/37\/2.2-3708.1","metadata":false},{"id":78376,"structure_id":12976,"section_number":"2.2-3708.2","catch_line":"Meetings held through electronic communication means during declared states of emergency","url":"\/2.2-3708.2\/","token":"2.2\/II\/B\/37\/2.2-3708.2","metadata":false},{"id":54063,"structure_id":12976,"section_number":"2.2-3708.3","catch_line":"Meetings held through electronic communication means; situations other than declared states of emergency","url":"\/2.2-3708.3\/","token":"2.2\/II\/B\/37\/2.2-3708.3","metadata":false},{"id":84465,"structure_id":12976,"section_number":"2.2-3709","catch_line":"Expired","url":"\/2.2-3709\/","token":"2.2\/II\/B\/37\/2.2-3709","metadata":false},{"id":66505,"structure_id":12976,"section_number":"2.2-3710","catch_line":"Transaction of public business other than by votes at meetings prohibited","url":"\/2.2-3710\/","token":"2.2\/II\/B\/37\/2.2-3710","metadata":false},{"id":72789,"structure_id":12976,"section_number":"2.2-3711","catch_line":"(Effective July 1, 2026) Closed meetings authorized for certain limited purposes","url":"\/2.2-3711\/","token":"2.2\/II\/B\/37\/2.2-3711","metadata":false},{"id":54622,"structure_id":12976,"section_number":"2.2-3712","catch_line":"Closed meetings procedures; certification of proceedings","url":"\/2.2-3712\/","token":"2.2\/II\/B\/37\/2.2-3712","metadata":false},{"id":69183,"structure_id":12976,"section_number":"2.2-3713","catch_line":"Proceedings for enforcement of chapter","url":"\/2.2-3713\/","token":"2.2\/II\/B\/37\/2.2-3713","metadata":false},{"id":73159,"structure_id":12976,"section_number":"2.2-3714","catch_line":"Violations and penalties","url":"\/2.2-3714\/","token":"2.2\/II\/B\/37\/2.2-3714","metadata":false},{"id":71321,"structure_id":12976,"section_number":"2.2-3715","catch_line":"Effect of advisory opinions from the Freedom of Information Advisory Council on liability for willful and knowing violations","url":"\/2.2-3715\/","token":"2.2\/II\/B\/37\/2.2-3715","metadata":false}],"previous_section":{"id":76628,"structure_id":12976,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","url":"\/2.2-3706\/","token":"2.2\/II\/B\/37\/2.2-3706","metadata":false},"next_section":{"id":58697,"structure_id":12976,"section_number":"2.2-3707","catch_line":"Meetings to be public; notice of meetings; recordings; minutes","url":"\/2.2-3707\/","token":"2.2\/II\/B\/37\/2.2-3707","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-3706.1\/","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 2022, chapter 386<\/a>; in 2024, chapters 580<\/a> and 582<\/a>; in 2025, chapters 634<\/a> and 671<\/a>.<\/p>","references":[{"id":60224,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","order_by":null,"url":"\/19.2-174.1\/"},{"id":82147,"section_number":"19.2-368.3","catch_line":"Powers and duties of Commission","order_by":null,"url":"\/19.2-368.3\/"},{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"},{"id":76628,"section_number":"2.2-3706","catch_line":"(Effective July 1, 2026) Disclosure of law-enforcement and criminal records; limitations","order_by":null,"url":"\/2.2-3706\/"},{"id":73159,"section_number":"2.2-3714","catch_line":"Violations and penalties","order_by":null,"url":"\/2.2-3714\/"},{"id":75968,"section_number":"8.01-622.2","catch_line":"Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act","order_by":null,"url":"\/8.01-622.2\/"}],"refers_to":[{"id":81313,"section_number":"19.2-327.2","catch_line":"Issuance of writ of actual innocence based on biological evidence","order_by":null,"url":"\/19.2-327.2\/"},{"id":71781,"section_number":"19.2-392.10","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in acquittal, nolle prosequi, or dismissal","order_by":null,"url":"\/19.2-392.10\/"},{"id":59687,"section_number":"19.2-392.11","catch_line":"(Effective July 1, 2026) Automatic sealing of misdemeanor offenses resulting in acquittal, nolle prosequi, or dismissal for persons with no convictions or deferred and dismissed offenses on their criminal history record","order_by":null,"url":"\/19.2-392.11\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":76488,"section_number":"19.2-392.12:1","catch_line":"(Effective July 1, 2026) Sealing of charges and convictions related to automatic sealing; petition","order_by":null,"url":"\/19.2-392.12_1\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"},{"id":80433,"section_number":"19.2-392.17","catch_line":"(Effective July 1, 2026) Traffic infractions deemed sealed","order_by":null,"url":"\/19.2-392.17\/"},{"id":77838,"section_number":"19.2-392.2","catch_line":"(Effective July 1, 2026) Expungement of police and court records","order_by":null,"url":"\/19.2-392.2\/"},{"id":68382,"section_number":"19.2-392.3","catch_line":"Disclosure of expunged records","order_by":null,"url":"\/19.2-392.3\/"},{"id":84742,"section_number":"19.2-392.3:1","catch_line":"Motion for the disclosure of expunged police and court records in a civil case","order_by":null,"url":"\/19.2-392.3_1\/"},{"id":86101,"section_number":"19.2-392.6:1","catch_line":"(Effective July 1, 2026) Sealing of former possession of marijuana offenses without entry of a court order","order_by":null,"url":"\/19.2-392.6_1\/"},{"id":60343,"section_number":"19.2-392.7","catch_line":"(Effective July 1, 2026) Process for automatic sealing of offenses resulting in a conviction or deferred disposition","order_by":null,"url":"\/19.2-392.7\/"},{"id":77668,"section_number":"19.2-392.8","catch_line":"(Effective July 1, 2026) Automatic sealing of offenses resulting in acquittal or dismissal","order_by":null,"url":"\/19.2-392.8\/"},{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"},{"id":56244,"section_number":"52-30.2","catch_line":"(Effective January 1, 2026) Prohibited practices; collection of data","order_by":null,"url":"\/52-30.2\/"},{"id":57987,"section_number":"64.2-100","catch_line":"Definitions","order_by":null,"url":"\/64.2-100\/"},{"id":63124,"section_number":"64.2-200","catch_line":"Course of descents generally; right of Commonwealth if no other heir","order_by":null,"url":"\/64.2-200\/"},{"id":75968,"section_number":"8.01-622.2","catch_line":"Injunction against disclosure of criminal investigative file materials under the Virginia Freedom of Information Act","order_by":null,"url":"\/8.01-622.2\/"},{"id":80755,"section_number":"9.1-128","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information; Board to adopt regulations and procedures","order_by":null,"url":"\/9.1-128\/"},{"id":83289,"section_number":"9.1-134","catch_line":"(Effective July 1, 2026) Sealing of criminal history record information","order_by":null,"url":"\/9.1-134\/"}],"permalink":{"id":176529,"object_type":"law","relational_id":78370,"identifier":"2.2-3706.1","token":"2.2\/II\/B\/37\/2.2-3706.1","url":"\/2.2-3706.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-3706.1\/","token":"2.2\/II\/B\/37\/2.2-3706.1","dublin_core":{"Title":"(Effective July 1, 2026) Disclosure of law-enforcement records; criminal incident information and certain criminal investigative files; limitations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-3706.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Criminal investigative files<\/span>” means any documents and information, including complaints, court orders<\/span>, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness<\/span> statements, and evidence<\/span>, relating to a criminal investigation or prosecution<\/span>, other than criminal incident information subject to disclosure in accordance with subsection B.\n\t\t\t“Family representative<\/span>” means the decedent’s personal representative or, if no personal representative as set forth in § 64.2-100<\/a> has qualified, the decedent’s next of kin in order<\/span> of intestate succession as set forth in § 64.2-200<\/a>.\n\t\t\t“Immediate family members<\/span>” means the decedent’s family representative<\/span>, spouse, child, sibling, parent, grandparent, or grandchild. “Immediate family members<\/span>” include a stepparent, stepchild, stepsibling, and adoptive relationships.\n\t\t\t“Ongoing” refers to a case in which the prosecution<\/span> has not been finally adjudicated, the investigation continues to gather evidence<\/span> for a possible future criminal case, and such case would be jeopardized by the premature release of evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All public bodies<\/span> engaged in criminal law<\/span>-enforcement activities shall provide records and information when requested in accordance with the provisions of this chapter regarding criminal incident information relating to felony<\/span> offenses<\/span> contained in any report, notes, electronic communication<\/span>, or other document, including filings through an incident-based reporting system, which shall include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A general description of the criminal activity reported; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The date and time the alleged crime<\/span> was committed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The general location where the alleged crime<\/span> was committed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The identity of the investigating officer or other point of contact; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> A description of any injuries suffered or property damaged or stolen.\n\t\t\t\tA verbal response as agreed to by the requester and the public body<\/span> is sufficient to satisfy the requirements of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Criminal investigative files<\/span> relating to an ongoing criminal investigation or proceeding are excluded from the mandatory disclosure provisions of this chapter, but may be disclosed by the custodian, in his discretion, except as provided in subsection E or where such disclosure is prohibited by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Criminal investigative files<\/span> relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian, in his discretion, except as provided in subsection E; however, such records shall be disclosed, by request, to the following persons, regardless of whether any such person is a citizen of the Commonwealth: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The victim; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The victim’s immediate family members<\/span>, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The parent or guardian of the victim, if the victim is a minor<\/span> and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> An attorney representing a petitioner in a petition<\/span> for a writ<\/span> of habeas corpus<\/span> or writ<\/span> of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2<\/a> et seq.) of Title 19.2 or any other federal or state post-conviction<\/span> proceeding or pardon<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> For the sole purpose of inspection at the location where such records are maintained by the public body<\/span> that is the custodian of the records, (i) an attorney or his agent when such attorney is considering representing a petitioner in a post-conviction<\/span> proceeding or pardon<\/span>, (ii) an attorney who provides a sworn declaration that the attorney has been retained by an individual for purposes of pursuing a civil or criminal action and has a good faith basis to believe that the records being requested are material<\/span> to such action, or (iii) a person who is proceeding pro se<\/span> in a petition<\/span> for a writ<\/span> of habeas corpus<\/span> or writ<\/span> of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2<\/a> et seq.) of Title 19.2 or any other federal or state post-conviction<\/span> proceeding or pardon<\/span>, who provides a sworn affidavit<\/span> that the records being requested are material<\/span> to such action.\n\t\t\t\tAn attorney or his agent who is in receipt of criminal investigative files<\/span> or has inspected criminal investigative files<\/span> pursuant to subdivision 4 or 5 shall not release such criminal investigative files<\/span> or any information contained therein except as necessary to provide adequate legal advice or representation to a person whom the attorney either represents or is considering representing in a post-conviction<\/span> proceeding or pardon<\/span> or represents in a civil or criminal action.\n\t\t\t\tAn attorney who is in receipt of criminal investigative files<\/span> pursuant to subdivision 4 shall return the criminal investigative files<\/span> to the public body<\/span> that is the custodian of such records within 90 days of a final determination of any writ<\/span> of habeas corpus<\/span>, writ<\/span> of actual innocence, or other federal or state post-conviction<\/span> proceeding or pardon<\/span> or, if no petition<\/span> for such writ<\/span> or post-conviction<\/span> proceeding or pardon<\/span> was filed, within six months of the attorney’s receipt of the records.\n\t\t\t\tNo disclosure for the purpose of inspection pursuant to clause (iii) of subdivision 5 shall be made unless an appropriate circuit<\/span> court has reviewed the affidavit<\/span> provided and determined the records requested are material<\/span> to the action being pursued. The court shall order<\/span> the person not to disclose or otherwise release any information contained in a criminal investigative file except as necessary for the pending action and may include other conditions as appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of subsections C and D shall not apply if the release of such information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Would interfere with a particular ongoing criminal investigation or proceeding in a particularly identifiable manner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Would deprive a person of a right to a fair trial<\/span> or an impartial adjudication; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Would constitute an unwarranted invasion of personal privacy; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Would disclose (i) the identity of a confidential source or (ii) in the case of a record compiled by a law<\/span>-enforcement agency in the course of a criminal investigation, information furnished only by a confidential source; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Would disclose law<\/span>-enforcement investigative techniques and procedures, if such disclosure could reasonably be expected to risk circumvention of the law<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Would endanger the life or physical safety of any individual.\n\t\t\t\tNothing in this subsection shall be construed to authorize the withholding of those portions of such information that are unlikely to cause any effect listed herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the provisions of subsection C or D, no criminal investigative file or portion thereof, except disclosure of records under subdivision D 4 or clause (i) of subdivision D 5, shall be disclosed to any requester pursuant to this section, unless the public body<\/span> has made reasonable efforts to notify (i) the victim; (ii) the victim’s immediate family members<\/span>, if the victim is deceased and the immediate family member to be notified is not a person of interest or a suspect in the criminal investigation or proceeding; or (iii) the victim’s parent or guardian, if the victim is a minor<\/span> and the parent or guardian to be notified is not a person of interest or a suspect in the criminal investigation or proceeding.\n\t\t\tUpon receipt of notice that a public body<\/span> has received a request for criminal investigative files<\/span> pursuant to this section, an individual listed in clause (i), (ii), or (iii) shall have 14 days to file in an appropriate court a petition<\/span> for an injunction<\/span> to prevent the disclosure of the records as set forth in § 8.01-622.2<\/a>. The public body<\/span> shall not respond to the request until at least 14 days has passed from the time notice was received by an individual listed in clause (i), (ii), or (iii) unless such individual has waived the 14-day period or at the request of the victim’s insurance company or attorney. The period within which the public body<\/span> shall respond to the underlying request pursuant to § 2.2-3704<\/a> shall be tolled pending the notification process and any subsequent disposition<\/span> by the court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> No photographic, audio, video, or other record depicting a victim or allowing for a victim to be readily identified shall be released pursuant to subsection C or D to anyone except (i) the victim; (ii) the victim’s family representative<\/span>, if the victim is deceased and the family representative<\/span> to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation or proceeding; (iii) the victim’s parent or guardian, if the victim is a minor<\/span> and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding; or (iv) the victim’s insurance company or attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this section shall prohibit the disclosure of current anonymized, aggregate location and demographic data collected pursuant to § 52-30.2<\/a> or similar data documenting law<\/span>-enforcement officer encounters with members of the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In the event of a conflict between this section as it relates to requests made under this section and other provisions of law<\/span>, the other provisions of law<\/span> that restrict disclosure of criminal investigative files<\/span> shall control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The following records shall not be released under the provisions of this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any record that has been expunged pursuant to § 19.2-392.2<\/a>, unless dissemination is authorized pursuant to § 19.2-392.3<\/a> or 19.2-392.3:1<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any record that has been sealed<\/span> pursuant to § 19.2-392.6:1<\/a>, 19.2-392.7<\/a>, 19.2-392.8<\/a>, 19.2-392.10<\/a>, 19.2-392.11<\/a>, 19.2-392.12<\/a>, 19.2-392.12:1<\/a>, or 19.2-392.17<\/a>, unless dissemination is authorized pursuant to § 19.2-392.13<\/a> and the rules and regulations adopted pursuant to § 9.1-128<\/a> and the procedures adopted pursuant to § 9.1-134<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) DISCLOSURE OF LAW-ENFORCEMENT RECORDS; CRIMINAL\nINCIDENT INFORMATION AND CERTAIN CRIMINAL INVESTIGATIVE FILES; LIMITATIONS (\u00a7\n2.2-3706.1)\n\nA. For purposes of this section:\n\t\t\t“Criminal investigative files” means any documents and\ninformation, including complaints, court orders, memoranda, notes, diagrams,\nmaps, photographs, correspondence, reports, witness statements, and evidence,\nrelating to a criminal investigation or prosecution, other than criminal\nincident information subject to disclosure in accordance with subsection B.\n\t\t\t“Family representative” means the decedent’s personal\nrepresentative or, if no personal representative as set forth in § 64.2-100\nhas qualified, the decedent’s next of kin in order of intestate succession\nas set forth in § 64.2-200.\n\t\t\t“Immediate family members” means the decedent’s family\nrepresentative, spouse, child, sibling, parent, grandparent, or grandchild.\n“Immediate family members” include a stepparent, stepchild,\nstepsibling, and adoptive relationships.\n\t\t\t“Ongoing” refers to a case in which the prosecution has not been\nfinally adjudicated, the investigation continues to gather evidence for a\npossible future criminal case, and such case would be jeopardized by the\npremature release of evidence.\n\nB. All public bodies engaged in criminal law-enforcement activities shall\nprovide records and information when requested in accordance with the provisions\nof this chapter regarding criminal incident information relating to felony\noffenses contained in any report, notes, electronic communication, or other\ndocument, including filings through an incident-based reporting system, which\nshall include:\n\n 1. A general description of the criminal activity reported;\n\n 2. The date and time the alleged crime was committed;\n\n 3. The general location where the alleged crime was committed;\n\n 4. The identity of the investigating officer or other point of contact; and\n\n 5. A description of any injuries suffered or property damaged or stolen.\n \t\t\t\tA verbal response as agreed to by the requester and the public body is\n sufficient to satisfy the requirements of this subsection.\n\nC. Criminal investigative files relating to an ongoing criminal investigation or\nproceeding are excluded from the mandatory disclosure provisions of this\nchapter, but may be disclosed by the custodian, in his discretion, except as\nprovided in subsection E or where such disclosure is prohibited by law.\n\nD. Criminal investigative files relating to a criminal investigation or\nproceeding that is not ongoing are excluded from the mandatory disclosure\nprovisions of this chapter but may be disclosed by the custodian, in his\ndiscretion, except as provided in subsection E; however, such records shall be\ndisclosed, by request, to the following persons, regardless of whether any such\nperson is a citizen of the Commonwealth:\n\n 1. The victim;\n\n 2. The victim’s immediate family members, if the victim is deceased and\n the immediate family member to which the records are to be disclosed is not a\n person of interest or a suspect in the criminal investigation or proceeding;\n\n 3. The parent or guardian of the victim, if the victim is a minor and the\n parent or guardian is not a person of interest or a suspect in the criminal\n investigation or proceeding;\n\n 4. An attorney representing a petitioner in a petition for a writ of habeas\n corpus or writ of actual innocence pursuant to Chapter 19.2 (§ 19.2-327.2\n et seq.) of Title 19.2 or any other federal or state post-conviction\n proceeding or pardon; and\n\n 5. For the sole purpose of inspection at the location where such records are\n maintained by the public body that is the custodian of the records, (i) an\n attorney or his agent when such attorney is considering representing a\n petitioner in a post-conviction proceeding or pardon, (ii) an attorney who\n provides a sworn declaration that the attorney has been retained by an\n individual for purposes of pursuing a civil or criminal action and has a good\n faith basis to believe that the records being requested are material to such\n action, or (iii) a person who is proceeding pro se in a petition for a writ of\n habeas corpus or writ of actual innocence pursuant to Chapter 19.2 (§\n 19.2-327.2 et seq.) of Title 19.2 or any other federal or state\n post-conviction proceeding or pardon, who provides a sworn affidavit that the\n records being requested are material to such action.\n \t\t\t\tAn attorney or his agent who is in receipt of criminal investigative files\n or has inspected criminal investigative files pursuant to subdivision 4 or 5\n shall not release such criminal investigative files or any information\n contained therein except as necessary to provide adequate legal advice or\n representation to a person whom the attorney either represents or is\n considering representing in a post-conviction proceeding or pardon or\n represents in a civil or criminal action.\n \t\t\t\tAn attorney who is in receipt of criminal investigative files pursuant to\n subdivision 4 shall return the criminal investigative files to the public body\n that is the custodian of such records within 90 days of a final determination\n of any writ of habeas corpus, writ of actual innocence, or other federal or\n state post-conviction proceeding or pardon or, if no petition for such writ or\n post-conviction proceeding or pardon was filed, within six months of the\n attorney’s receipt of the records.\n \t\t\t\tNo disclosure for the purpose of inspection pursuant to clause (iii) of\n subdivision 5 shall be made unless an appropriate circuit court has reviewed\n the affidavit provided and determined the records requested are material to\n the action being pursued. The court shall order the person not to disclose or\n otherwise release any information contained in a criminal investigative file\n except as necessary for the pending action and may include other conditions as\n appropriate.\n\nE. The provisions of subsections C and D shall not apply if the release of such\ninformation:\n\n 1. Would interfere with a particular ongoing criminal investigation or\n proceeding in a particularly identifiable manner;\n\n 2. Would deprive a person of a right to a fair trial or an impartial\n adjudication;\n\n 3. Would constitute an unwarranted invasion of personal privacy;\n\n 4. Would disclose (i) the identity of a confidential source or (ii) in the\n case of a record compiled by a law-enforcement agency in the course of a\n criminal investigation, information furnished only by a confidential source;\n\n 5. Would disclose law-enforcement investigative techniques and procedures, if\n such disclosure could reasonably be expected to risk circumvention of the law;\n or\n\n 6. Would endanger the life or physical safety of any individual.\n \t\t\t\tNothing in this subsection shall be construed to authorize the withholding\n of those portions of such information that are unlikely to cause any effect\n listed herein.\n\nF. Notwithstanding the provisions of subsection C or D, no criminal\ninvestigative file or portion thereof, except disclosure of records under\nsubdivision D 4 or clause (i) of subdivision D 5, shall be disclosed to any\nrequester pursuant to this section, unless the public body has made reasonable\nefforts to notify (i) the victim; (ii) the victim’s immediate family\nmembers, if the victim is deceased and the immediate family member to be\nnotified is not a person of interest or a suspect in the criminal investigation\nor proceeding; or (iii) the victim’s parent or guardian, if the victim is\na minor and the parent or guardian to be notified is not a person of interest or\na suspect in the criminal investigation or proceeding.\n\t\t\tUpon receipt of notice that a public body has received a request for criminal\ninvestigative files pursuant to this section, an individual listed in clause\n(i), (ii), or (iii) shall have 14 days to file in an appropriate court a\npetition for an injunction to prevent the disclosure of the records as set forth\nin § 8.01-622.2. The public body shall not respond to the request until at\nleast 14 days has passed from the time notice was received by an individual\nlisted in clause (i), (ii), or (iii) unless such individual has waived the\n14-day period or at the request of the victim’s insurance company or\nattorney. The period within which the public body shall respond to the\nunderlying request pursuant to § 2.2-3704 shall be tolled pending the\nnotification process and any subsequent disposition by the court.\n\nG. No photographic, audio, video, or other record depicting a victim or allowing\nfor a victim to be readily identified shall be released pursuant to subsection C\nor D to anyone except (i) the victim; (ii) the victim’s family\nrepresentative, if the victim is deceased and the family representative to which\nthe records are to be disclosed is not a person of interest or a suspect in the\ncriminal investigation or proceeding; (iii) the victim’s parent or\nguardian, if the victim is a minor and the parent or guardian is not a person of\ninterest or a suspect in the criminal investigation or proceeding; or (iv) the\nvictim’s insurance company or attorney.\n\nH. Nothing in this section shall prohibit the disclosure of current anonymized,\naggregate location and demographic data collected pursuant to § 52-30.2 or\nsimilar data documenting law-enforcement officer encounters with members of the\npublic.\n\nI. In the event of a conflict between this section as it relates to requests\nmade under this section and other provisions of law, the other provisions of law\nthat restrict disclosure of criminal investigative files shall control.\n\nJ. The following records shall not be released under the provisions of this\nsection:\n\n 1. Any record that has been expunged pursuant to § 19.2-392.2, unless\n dissemination is authorized pursuant to § 19.2-392.3 or 19.2-392.3:1; and\n\n 2. Any record that has been sealed pursuant to § 19.2-392.6:1,\n 19.2-392.7, 19.2-392.8, 19.2-392.10, 19.2-392.11, 19.2-392.12, 19.2-392.12:1,\n or 19.2-392.17, unless dissemination is authorized pursuant to §\n 19.2-392.13 and the rules and regulations adopted pursuant to § 9.1-128\n and the procedures adopted pursuant to § 9.1-134.\n\nHISTORY: 2021, Sp. Sess. I, c. 483; 2022, c. 386; 2024, cc. 580, 582; 2025, cc.\n634, 671.","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}}