{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/42.1-77.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/42.1-77.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/42.1-77.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/42.1-77.html"}],"law_id":58113,"edition_id":1,"section_id":58113,"structure_id":12940,"section_number":"42.1-77","catch_line":"Definitions","history":"1976, c. 746; 1977, c. 501; 1981, c. 637; 1987, c. 217; 1990, c. 778; 1994, cc. 390, 955; 1998, cc. 427, 470; 2005, c. 787; 2006, c. 60; 2022, c. 355.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Agency&#8221; means all boards, commissions, departments, divisions, institutions, and authorities, and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers.\n\t\t&#8220;Archival record&#8221; means a public record of continuing and enduring value useful to the citizens of the Commonwealth and necessary to the administrative functions of public agencies in the conduct of services and activities mandated by law that is identified on a Library of Virginia approved records retention and disposition schedule as having sufficient informational value to be permanently maintained by the Commonwealth.\n\t\t&#8220;Archives&#8221; means the program administered by The Library of Virginia for the preservation of archival records.\n\t\t&#8220;Board&#8221; means the State Library Board.\n\t\t&#8220;Conversion&#8221; means the act of moving electronic records to a different format, especially data from an obsolete format to a current format.\n\t\t&#8220;Custodian&#8221; means the public official in charge of an office having public records.\n\t\t&#8220;Disaster plan&#8221; means the information maintained by an agency that outlines recovery techniques and methods to be followed in case of an emergency that impacts the agency&#8217;s records.\n\t\t&#8220;Electronic record&#8221; means a public record whose creation, storage, and access require the use of an automated system or device. Ownership of the hardware, software, or media used to create, store, or access the electronic record has no bearing on a determination of whether such record is a public record.\n\t\t&#8220;Essential public record&#8221; means records that are required for recovery and reconstruction of any agency to enable it to resume its core operations and functions and to protect the rights and interests of persons.\n\t\t&#8220;Librarian of Virginia&#8221; means the State Librarian of Virginia or his designated representative.\n\t\t&#8220;Lifecycle&#8221; means the creation, use, maintenance, and disposition of a public record.\n\t\t&#8220;Migration&#8221; means the act of moving electronic records from one information system or medium to another to ensure continued access to the records while maintaining the records&#8217; authenticity, integrity, reliability, and usability.\n\t\t&#8220;Original record&#8221; means the first generation of the information and is the preferred version of a record. Archival records should to the maximum extent possible be original records.\n\t\t&#8220;Preservation&#8221; means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time.\n\t\t&#8220;Public official&#8221; means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions.\n\t\t&#8220;Public record&#8221; or &#8220;record&#8221; means recorded information that documents a transaction or activity by or with any public officer, agency, or employee of an agency. Regardless of physical form or characteristic, the recorded information is a &#8220;public record&#8221; if it is produced, collected, received, or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a &#8220;public record.&#8221;\n\t\tFor purposes of this chapter, &#8220;public record&#8221; does not include (i) nonrecord materials, meaning materials made or acquired and preserved solely for reference use or exhibition purposes, extra copies of documents preserved only for convenience or reference, or stocks of publications or (ii) records that are not related to or affect the carrying out of the constitutional, statutory, or other official ceremonial duties of a public official, including the correspondence, diaries, journals, or notes that are not prepared for, utilized for, circulated, or communicated in the course of the transaction of public business.\n\t\t&#8220;Records retention and disposition schedule&#8221; means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series. The administrative, fiscal, historical, and legal value of a public record shall be considered in appraising its appropriate retention schedule. The terms &#8220;administrative,&#8221; &#8220;fiscal,&#8221; &#8220;historical,&#8221; and &#8220;legal&#8221; value shall be defined as:\n\n1\n\n&#8220;Administrative value&#8221;: Records shall be deemed of administrative value if they have continuing utility in the operation of an agency.2\n\n&#8220;Fiscal value&#8221;: Records shall be deemed of fiscal value if they are needed to document and verify financial authorizations, obligations, and transactions.3\n\n&#8220;Historical value&#8221;: Records shall be deemed of historical value if they contain unique information, regardless of age, that provides understanding of some aspect of the government and promotes the development of an informed and enlightened citizenry.4\n\n&#8220;Legal value&#8221;: Records shall be deemed of legal value if they document actions taken in the protection and proving of legal or civil rights and obligations of individuals and agencies.","order_by":null,"text":{"0":{"id":212932,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Agency&#8221; means all boards, commissions, departments, divisions, institutions, and authorities, and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers.\n\t\t&#8220;Archival record&#8221; means a public record of continuing and enduring value useful to the citizens of the Commonwealth and necessary to the administrative functions of public agencies in the conduct of services and activities mandated by law that is identified on a Library of Virginia approved records retention and disposition schedule as having sufficient informational value to be permanently maintained by the Commonwealth.\n\t\t&#8220;Archives&#8221; means the program administered by The Library of Virginia for the preservation of archival records.\n\t\t&#8220;Board&#8221; means the State Library Board.\n\t\t&#8220;Conversion&#8221; means the act of moving electronic records to a different format, especially data from an obsolete format to a current format.\n\t\t&#8220;Custodian&#8221; means the public official in charge of an office having public records.\n\t\t&#8220;Disaster plan&#8221; means the information maintained by an agency that outlines recovery techniques and methods to be followed in case of an emergency that impacts the agency&#8217;s records.\n\t\t&#8220;Electronic record&#8221; means a public record whose creation, storage, and access require the use of an automated system or device. Ownership of the hardware, software, or media used to create, store, or access the electronic record has no bearing on a determination of whether such record is a public record.\n\t\t&#8220;Essential public record&#8221; means records that are required for recovery and reconstruction of any agency to enable it to resume its core operations and functions and to protect the rights and interests of persons.\n\t\t&#8220;Librarian of Virginia&#8221; means the State Librarian of Virginia or his designated representative.\n\t\t&#8220;Lifecycle&#8221; means the creation, use, maintenance, and disposition of a public record.\n\t\t&#8220;Migration&#8221; means the act of moving electronic records from one information system or medium to another to ensure continued access to the records while maintaining the records&#8217; authenticity, integrity, reliability, and usability.\n\t\t&#8220;Original record&#8221; means the first generation of the information and is the preferred version of a record. Archival records should to the maximum extent possible be original records.\n\t\t&#8220;Preservation&#8221; means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time.\n\t\t&#8220;Public official&#8221; means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of boards, commissions, departments, and agencies of the state government or its political subdivisions.\n\t\t&#8220;Public record&#8221; or &#8220;record&#8221; means recorded information that documents a transaction or activity by or with any public officer, agency, or employee of an agency. Regardless of physical form or characteristic, the recorded information is a &#8220;public record&#8221; if it is produced, collected, received, or retained in pursuance of law or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a &#8220;public record.&#8221;\n\t\tFor purposes of this chapter, &#8220;public record&#8221; does not include (i) nonrecord materials, meaning materials made or acquired and preserved solely for reference use or exhibition purposes, extra copies of documents preserved only for convenience or reference, or stocks of publications or (ii) records that are not related to or affect the carrying out of the constitutional, statutory, or other official ceremonial duties of a public official, including the correspondence, diaries, journals, or notes that are not prepared for, utilized for, circulated, or communicated in the course of the transaction of public business.\n\t\t&#8220;Records retention and disposition schedule&#8221; means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series. The administrative, fiscal, historical, and legal value of a public record shall be considered in appraising its appropriate retention schedule. The terms &#8220;administrative,&#8221; &#8220;fiscal,&#8221; &#8220;historical,&#8221; and &#8220;legal&#8221; value shall be defined as:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":212933,"text":"&#8220;Administrative value&#8221;: Records shall be deemed of administrative value if they have continuing utility in the operation of an agency.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":212934,"text":"&#8220;Fiscal value&#8221;: Records shall be deemed of fiscal value if they are needed to document and verify financial authorizations, obligations, and transactions.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":212935,"text":"&#8220;Historical value&#8221;: Records shall be deemed of historical value if they contain unique information, regardless of age, that provides understanding of some aspect of the government and promotes the development of an informed and enlightened citizenry.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":212936,"text":"&#8220;Legal value&#8221;: Records shall be deemed of legal value if they document actions taken in the protection and proving of legal or civil rights and obligations of individuals and agencies.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":12940,"edition_id":1,"name":"Virginia Public Records Act","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12939,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":221153,"object_type":"structure","relational_id":12940,"identifier":"7","token":"42.1\/7","url":"\/42.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12939,"edition_id":1,"name":"Libraries","identifier":"42.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":220815,"object_type":"structure","relational_id":12939,"identifier":"42.1","token":"42.1","url":"\/42.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74854,"structure_id":12940,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","url":"\/42.1-76\/","token":"42.1\/7\/42.1-76","metadata":false},{"id":61180,"structure_id":12940,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":false},{"id":58113,"structure_id":12940,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},{"id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},{"id":61369,"structure_id":12940,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},{"id":74386,"structure_id":12940,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},{"id":86610,"structure_id":12940,"section_number":"42.1-80","catch_line":"Repealed","url":"\/42.1-80\/","token":"42.1\/7\/42.1-80","metadata":false},{"id":73353,"structure_id":12940,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","url":"\/42.1-82\/","token":"42.1\/7\/42.1-82","metadata":false},{"id":73183,"structure_id":12940,"section_number":"42.1-83","catch_line":"Repealed","url":"\/42.1-83\/","token":"42.1\/7\/42.1-83","metadata":false},{"id":86822,"structure_id":12940,"section_number":"42.1-84","catch_line":"Repealed","url":"\/42.1-84\/","token":"42.1\/7\/42.1-84","metadata":false},{"id":66498,"structure_id":12940,"section_number":"42.1-85","catch_line":"Records Management Program; agencies to cooperate; agencies to designate records officer","url":"\/42.1-85\/","token":"42.1\/7\/42.1-85","metadata":false},{"id":84716,"structure_id":12940,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","url":"\/42.1-86\/","token":"42.1\/7\/42.1-86","metadata":false},{"id":57661,"structure_id":12940,"section_number":"42.1-86.01","catch_line":"Records may be retained in electronic medium","url":"\/42.1-86.01\/","token":"42.1\/7\/42.1-86.01","metadata":false},{"id":71117,"structure_id":12940,"section_number":"42.1-86.1","catch_line":"Disposition of public records","url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","metadata":false},{"id":81852,"structure_id":12940,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},{"id":54042,"structure_id":12940,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","metadata":false},{"id":84495,"structure_id":12940,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},{"id":81039,"structure_id":12940,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","metadata":false},{"id":70466,"structure_id":12940,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},{"id":58901,"structure_id":12940,"section_number":"42.1-91","catch_line":"Repealed","url":"\/42.1-91\/","token":"42.1\/7\/42.1-91","metadata":false},{"id":78061,"structure_id":12940,"section_number":"42.1-91.1","catch_line":"Availability of public records created prior to January 1, 1901","url":"\/42.1-91.1\/","token":"42.1\/7\/42.1-91.1","metadata":false}],"previous_section":{"id":61180,"structure_id":12940,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":false},"next_section":{"id":85274,"structure_id":12940,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-77\/","history_text":"<p>This law was first created in 1976. The record of its establishment is cataloged in chapter 746 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 9 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 1977, chapter 501; in 1981, chapter 637; in 1987, chapter 217; in 1990, chapter 778; in 1994, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0390\">390<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0955\">955<\/a>; in 1998, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0427\">427<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0470\">470<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0787\">787<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0060\">60<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0355\">355<\/a>.<\/p>","references":[{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"},{"id":78198,"section_number":"17.1-258.3:1","catch_line":"Electronic filing of land records; paper form","order_by":null,"url":"\/17.1-258.3_1\/"},{"id":86548,"section_number":"2.2-3808","catch_line":"Collection, disclosure, or display of social security number; personal identifying information of donors; penalty","order_by":null,"url":"\/2.2-3808\/"},{"id":68549,"section_number":"24.2-948.7","catch_line":"(Effective July 1, 2026) Violations of the ban on personal use of campaign funds; complaint; notice; hearing; civil penalties","order_by":null,"url":"\/24.2-948.7\/"}],"refers_to":false,"permalink":{"id":221163,"object_type":"law","relational_id":58113,"identifier":"42.1-77","token":"42.1\/7\/42.1-77","url":"\/42.1-77\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-77","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;<span class=\"dictionary\">Agency<\/span>&#8221; means all <span class=\"dictionary\">boards<\/span>, commissions, departments, divisions, institutions, and authorities, and parts thereof, of the Commonwealth or its political subdivisions and includes the offices of constitutional officers.\n\t\t&#8220;<span class=\"dictionary\">Archival record<\/span>&#8221; means a public record of continuing and enduring value useful to the citizens of the Commonwealth and necessary to the administrative functions of public agencies in the conduct of services and activities mandated by <span class=\"dictionary\">law<\/span> that is identified on a Library of Virginia approved <span class=\"dictionary\">records retention and disposition schedule<\/span> as having sufficient informational value to be permanently maintained by the Commonwealth.\n\t\t&#8220;<span class=\"dictionary\">Archives<\/span>&#8221; means the program administered by The Library of Virginia for the <span class=\"dictionary\">preservation<\/span> of <span class=\"dictionary\">archival records<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Board<\/span>&#8221; means the State Library <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Conversion<\/span>&#8221; means the act of moving <span class=\"dictionary\">electronic records<\/span> to a different format, especially data from an obsolete format to a current format.\n\t\t&#8220;<span class=\"dictionary\">Custodian<\/span>&#8221; means the <span class=\"dictionary\">public official<\/span> in charge of an office having <span class=\"dictionary\">public records<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Disaster plan<\/span>&#8221; means the information maintained by an <span class=\"dictionary\">agency<\/span> that outlines recovery techniques and methods to be followed in case of an emergency that impacts the <span class=\"dictionary\">agency<\/span>&#8217;s records.\n\t\t&#8220;<span class=\"dictionary\">Electronic record<\/span>&#8221; means a public record whose creation, storage, and access require the use of an automated system or device. Ownership of the hardware, software, or media used to create, store, or access the <span class=\"dictionary\">electronic record<\/span> has no bearing on a determination of whether such record is a public record.\n\t\t&#8220;<span class=\"dictionary\">Essential public record<\/span>&#8221; means records that are required for recovery and reconstruction of any <span class=\"dictionary\">agency<\/span> to enable it to resume its core operations and functions and to protect the rights and interests of persons.\n\t\t&#8220;<span class=\"dictionary\">Librarian of Virginia<\/span>&#8221; means the State <span class=\"dictionary\">Librarian of Virginia<\/span> or his designated representative.\n\t\t&#8220;<span class=\"dictionary\">Lifecycle<\/span>&#8221; means the creation, use, maintenance, and disposition of a public record.\n\t\t&#8220;<span class=\"dictionary\">Migration<\/span>&#8221; means the act of moving <span class=\"dictionary\">electronic records<\/span> from one information system or medium to another to ensure continued access to the records while maintaining the records&#8217; authenticity, integrity, reliability, and usability.\n\t\t&#8220;<span class=\"dictionary\">Original record<\/span>&#8221; means the first generation of the information and is the preferred version of a record. <span class=\"dictionary\">Archival records<\/span> should to the maximum extent possible be <span class=\"dictionary\">original records<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Preservation<\/span>&#8221; means the processes and operations involved in ensuring the technical and intellectual survival of authentic records through time.\n\t\t&#8220;<span class=\"dictionary\">Public official<\/span>&#8221; means all persons holding any office created by the Constitution of Virginia or by any act of the General Assembly, the Governor and all other officers of the executive branch of the state government, and all other officers, heads, presidents, or chairmen of <span class=\"dictionary\">boards<\/span>, commissions, departments, and agencies of the state government or its political subdivisions.\n\t\t&#8220;Public record&#8221; or &#8220;record&#8221; means recorded information that documents a transaction or activity by or with any public officer, <span class=\"dictionary\">agency<\/span>, or employee of an <span class=\"dictionary\">agency<\/span>. Regardless of physical form or characteristic, the recorded information is a &#8220;public record&#8221; if it is produced, collected, received, or retained in pursuance of <span class=\"dictionary\">law<\/span> or in connection with the transaction of public business. The medium upon which such information is recorded has no bearing on the determination of whether the recording is a &#8220;public record.&#8221;\n\t\tFor purposes of this chapter, &#8220;public record&#8221; does not include (i) nonrecord <span class=\"dictionary\">materials<\/span>, meaning <span class=\"dictionary\">materials<\/span> made or acquired and preserved solely for reference use or exhibition purposes, extra copies of documents preserved only for convenience or reference, or stocks of publications or (ii) records that are not related to or affect the carrying out of the constitutional, statutory, or other official ceremonial duties of a <span class=\"dictionary\">public official<\/span>, including the correspondence, diaries, journals, or notes that are not prepared for, utilized for, circulated, or communicated in the course of the transaction of public business.\n\t\t&#8220;<span class=\"dictionary\">Records retention and disposition schedule<\/span>&#8221; means a Library of Virginia-approved timetable stating the required retention period and disposition action of a records series. The administrative, fiscal, historical, and <span class=\"dictionary\">legal<\/span> value of a public record shall be considered in appraising its appropriate retention schedule. The terms &#8220;administrative,&#8221; &#8220;fiscal,&#8221; &#8220;historical,&#8221; and &#8220;<span class=\"dictionary\">legal<\/span>&#8221; value shall be defined as:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> &#8220;Administrative value&#8221;: Records shall be deemed of administrative value if they have continuing utility in the operation of an <span class=\"dictionary\">agency<\/span>. <a id=\"paragraph-212933\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/42.1-77\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> &#8220;Fiscal value&#8221;: Records shall be deemed of fiscal value if they are needed to document and verify financial authorizations, obligations, and transactions. <a id=\"paragraph-212934\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/42.1-77\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> &#8220;Historical value&#8221;: Records shall be deemed of historical value if they contain unique information, regardless of age, that provides understanding of some aspect of the government and promotes the development of an informed and enlightened citizenry. <a id=\"paragraph-212935\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/42.1-77\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> &#8220;<span class=\"dictionary\">Legal<\/span> value&#8221;: Records shall be deemed of <span class=\"dictionary\">legal<\/span> value if they document actions taken in the protection and proving of <span class=\"dictionary\">legal<\/span> or civil rights and obligations of individuals and agencies. <a id=\"paragraph-212936\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/42.1-77\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 42.1-77)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t&#8220;Agency&#8221; means all boards, commissions, departments, divisions,\ninstitutions, and authorities, and parts thereof, of the Commonwealth or its\npolitical subdivisions and includes the offices of constitutional officers.\n\t\t&#8220;Archival record&#8221; means a public record of continuing and enduring\nvalue useful to the citizens of the Commonwealth and necessary to the\nadministrative functions of public agencies in the conduct of services and\nactivities mandated by law that is identified on a Library of Virginia approved\nrecords retention and disposition schedule as having sufficient informational\nvalue to be permanently maintained by the Commonwealth.\n\t\t&#8220;Archives&#8221; means the program administered by The Library of\nVirginia for the preservation of archival records.\n\t\t&#8220;Board&#8221; means the State Library Board.\n\t\t&#8220;Conversion&#8221; means the act of moving electronic records to a\ndifferent format, especially data from an obsolete format to a current format.\n\t\t&#8220;Custodian&#8221; means the public official in charge of an office\nhaving public records.\n\t\t&#8220;Disaster plan&#8221; means the information maintained by an agency that\noutlines recovery techniques and methods to be followed in case of an emergency\nthat impacts the agency&#8217;s records.\n\t\t&#8220;Electronic record&#8221; means a public record whose creation, storage,\nand access require the use of an automated system or device. Ownership of the\nhardware, software, or media used to create, store, or access the electronic\nrecord has no bearing on a determination of whether such record is a public\nrecord.\n\t\t&#8220;Essential public record&#8221; means records that are required for\nrecovery and reconstruction of any agency to enable it to resume its core\noperations and functions and to protect the rights and interests of persons.\n\t\t&#8220;Librarian of Virginia&#8221; means the State Librarian of Virginia or\nhis designated representative.\n\t\t&#8220;Lifecycle&#8221; means the creation, use, maintenance, and disposition\nof a public record.\n\t\t&#8220;Migration&#8221; means the act of moving electronic records from one\ninformation system or medium to another to ensure continued access to the\nrecords while maintaining the records&#8217; authenticity, integrity,\nreliability, and usability.\n\t\t&#8220;Original record&#8221; means the first generation of the information\nand is the preferred version of a record. Archival records should to the maximum\nextent possible be original records.\n\t\t&#8220;Preservation&#8221; means the processes and operations involved in\nensuring the technical and intellectual survival of authentic records through\ntime.\n\t\t&#8220;Public official&#8221; means all persons holding any office created by\nthe Constitution of Virginia or by any act of the General Assembly, the Governor\nand all other officers of the executive branch of the state government, and all\nother officers, heads, presidents, or chairmen of boards, commissions,\ndepartments, and agencies of the state government or its political subdivisions.\n\t\t&#8220;Public record&#8221; or &#8220;record&#8221; means recorded information\nthat documents a transaction or activity by or with any public officer, agency,\nor employee of an agency. Regardless of physical form or characteristic, the\nrecorded information is a &#8220;public record&#8221; if it is produced,\ncollected, received, or retained in pursuance of law or in connection with the\ntransaction of public business. The medium upon which such information is\nrecorded has no bearing on the determination of whether the recording is a\n&#8220;public record.&#8221;\n\t\tFor purposes of this chapter, &#8220;public record&#8221; does not include (i)\nnonrecord materials, meaning materials made or acquired and preserved solely for\nreference use or exhibition purposes, extra copies of documents preserved only\nfor convenience or reference, or stocks of publications or (ii) records that are\nnot related to or affect the carrying out of the constitutional, statutory, or\nother official ceremonial duties of a public official, including the\ncorrespondence, diaries, journals, or notes that are not prepared for, utilized\nfor, circulated, or communicated in the course of the transaction of public\nbusiness.\n\t\t&#8220;Records retention and disposition schedule&#8221; means a Library of\nVirginia-approved timetable stating the required retention period and\ndisposition action of a records series. The administrative, fiscal, historical,\nand legal value of a public record shall be considered in appraising its\nappropriate retention schedule. The terms &#8220;administrative,&#8221;\n&#8220;fiscal,&#8221; &#8220;historical,&#8221; and &#8220;legal&#8221; value\nshall be defined as:\n\n1. &#8220;Administrative value&#8221;: Records shall be deemed of administrative\nvalue if they have continuing utility in the operation of an agency.\n\n2. &#8220;Fiscal value&#8221;: Records shall be deemed of fiscal value if they\nare needed to document and verify financial authorizations, obligations, and\ntransactions.\n\n3. &#8220;Historical value&#8221;: Records shall be deemed of historical value\nif they contain unique information, regardless of age, that provides\nunderstanding of some aspect of the government and promotes the development of\nan informed and enlightened citizenry.\n\n4. &#8220;Legal value&#8221;: Records shall be deemed of legal value if they\ndocument actions taken in the protection and proving of legal or civil rights\nand obligations of individuals and agencies.\n\nHISTORY: 1976, c. 746; 1977, c. 501; 1981, c. 637; 1987, c. 217; 1990, c. 778;\n1994, cc. 390, 955; 1998, cc. 427, 470; 2005, c. 787; 2006, c. 60; 2022, c. 355.","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}}