{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/42.1-86.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/42.1-86.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/42.1-86.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/42.1-86.1.html"}],"law_id":71117,"edition_id":1,"section_id":71117,"structure_id":12940,"section_number":"42.1-86.1","catch_line":"Disposition of public records","history":"1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.","full_text":"A\n\nNo agency shall sell or give away public records. No agency shall destroy or discard a public record unless (i) the record appears on a records retention and disposition schedule approved pursuant to § 42.1-82 and the record’s retention period has expired; (ii) a certificate of records destruction, as designated by the Librarian of Virginia, has been properly completed and approved by the agency’s designated records officer; and (iii) there is no litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or renegotiation of the relevant records retention and disposition schedule pending at the expiration of the retention period for the applicable records series. After a record is destroyed or discarded, the agency shall forward the original certificate of records destruction to The Library of Virginia.B\n\nNo agency shall destroy any public record created before 1912 without first offering it to The Library of Virginia.C\n\nEach agency shall ensure that records created after July 1, 2006 and authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded in a timely manner in accordance with the provisions of this chapter; provided, however, such records that contain identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, shall be destroyed within six months of the expiration of the records retention period.","order_by":null,"text":{"0":{"id":256406,"text":"No agency shall sell or give away public records. No agency shall destroy or discard a public record unless (i) the record appears on a records retention and disposition schedule approved pursuant to § 42.1-82 and the record’s retention period has expired; (ii) a certificate of records destruction, as designated by the Librarian of Virginia, has been properly completed and approved by the agency’s designated records officer; and (iii) there is no litigation, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), or renegotiation of the relevant records retention and disposition schedule pending at the expiration of the retention period for the applicable records series. After a record is destroyed or discarded, the agency shall forward the original certificate of records destruction to The Library of Virginia.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256407,"text":"No agency shall destroy any public record created before 1912 without first offering it to The Library of Virginia.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256408,"text":"Each agency shall ensure that records created after July 1, 2006 and authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded in a timely manner in accordance with the provisions of this chapter; provided, however, such records that contain identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3, shall be destroyed within six months of the expiration of the records retention period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-86.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 778 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 1990 \u201cActs\u201d aren\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 1998, chapter 427<\/a>; in 2005, chapter 787<\/a>; in 2006, chapters 60<\/a> and 909<\/a>.<\/p>","references":false,"refers_to":[{"id":73403,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","order_by":null,"url":"\/18.2-186.3\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":73353,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","order_by":null,"url":"\/42.1-82\/"}],"permalink":{"id":221207,"object_type":"law","relational_id":71117,"identifier":"42.1-86.1","token":"42.1\/7\/42.1-86.1","url":"\/42.1-86.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","dublin_core":{"Title":"Disposition of public records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-86.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No agency<\/span> shall sell or give away public records<\/span>. No agency<\/span> shall destroy or discard a public record<\/span> unless (i) the record appears on a records retention and disposition schedule<\/span> approved pursuant to § 42.1-82<\/a> and the record’s retention period has expired; (ii) a certificate of records destruction, as designated by the Librarian of Virginia<\/span>, has been properly completed and approved by the agency<\/span>’s designated records officer; and (iii) there is no litigation<\/span>, audit, investigation, request for records pursuant to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), or renegotiation of the relevant records retention and disposition schedule<\/span> pending at the expiration of the retention period for the applicable records series. After a record is destroyed or discarded, the agency<\/span> shall forward the original certificate of records destruction to The Library of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No agency<\/span> shall destroy any public record<\/span> created before 1912 without first offering it to The Library of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each agency<\/span> shall ensure that records created after July 1, 2006 and authorized to be destroyed or discarded in accordance with subsection A, are destroyed or discarded in a timely manner in accordance with the provisions of this chapter; provided, however, such records that contain identifying information as defined in clauses (iii) through (ix), or clause (xii) of subsection C of § 18.2-186.3<\/a>, shall be destroyed within six months of the expiration of the records retention period. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF PUBLIC RECORDS (\u00a7 42.1-86.1)\n\nA. No agency shall sell or give away public records. No agency shall destroy or\ndiscard a public record unless (i) the record appears on a records retention and\ndisposition schedule approved pursuant to § 42.1-82 and the record’s\nretention period has expired; (ii) a certificate of records destruction, as\ndesignated by the Librarian of Virginia, has been properly completed and\napproved by the agency’s designated records officer; and (iii) there is no\nlitigation, audit, investigation, request for records pursuant to the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.), or renegotiation of the\nrelevant records retention and disposition schedule pending at the expiration of\nthe retention period for the applicable records series. After a record is\ndestroyed or discarded, the agency shall forward the original certificate of\nrecords destruction to The Library of Virginia.\n\nB. No agency shall destroy any public record created before 1912 without first\noffering it to The Library of Virginia.\n\nC. Each agency shall ensure that records created after July 1, 2006 and\nauthorized to be destroyed or discarded in accordance with subsection A, are\ndestroyed or discarded in a timely manner in accordance with the provisions of\nthis chapter; provided, however, such records that contain identifying\ninformation as defined in clauses (iii) through (ix), or clause (xii) of\nsubsection C of § 18.2-186.3, shall be destroyed within six months of the\nexpiration of the records retention period.\n\nHISTORY: 1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.","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}}