{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/42.1-87.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/42.1-87.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/42.1-87.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/42.1-87.html"}],"law_id":81852,"edition_id":1,"section_id":81852,"structure_id":12940,"section_number":"42.1-87","catch_line":"Archival public records","history":"1976, c. 746; 1994, cc. 64, 955; 2005, c. 787; 2006, c. 60.","full_text":"A\n\nCustodians of archival public records shall keep them in fire-resistant, environmentally controlled, physically secure rooms designed to ensure proper preservation and in such arrangement as to be easily accessible. Current public records should be kept in the buildings in which they are ordinarily used. It shall be the duty of each agency to consult with The Library of Virginia to determine the best manner in which to store long-term or archival electronic records. In entering into a contract with a third-party storage provider for the storage of public records, an agency shall require the third-party to cooperate with The Library of Virginia in complying with rules and regulations promulgated by the Board.B\n\nPublic records deemed unnecessary for the transaction of the business of any state agency, yet deemed to be of archival value, may be transferred with the consent of the Librarian of Virginia to the custody of the Library of Virginia.C\n\nPublic records deemed unnecessary for the transaction of the business of any county, city, or town, yet deemed to be of archival value, shall be stored either in The Library of Virginia or in the locality, at the decision of the local officials responsible for maintaining public records. Archival public records shall be returned to the locality upon the written request of the local officials responsible for maintaining local public records. Microfilm shall be stored in The Library of Virginia but the use thereof shall be subject to the control of the local officials responsible for maintaining local public records.D\n\nRecord books deemed archival should be copied or repaired, renovated or rebound if worn, mutilated, damaged or difficult to read. Whenever the public records of any public official are in need of repair, restoration or rebinding, a judge of the court of record or the head of such agency or political subdivision of the Commonwealth may authorize that the records in need of repair be removed from the building or office in which such records are ordinarily kept, for the length of time necessary to repair, restore or rebind them, provided such restoration and rebinding preserves the records without loss or damage to them. Before any restoration or repair work is initiated, a treatment proposal from the contractor shall be submitted and reviewed in consultation with The Library of Virginia. Any public official who causes a record book to be copied shall attest it and shall certify an oath that it is an accurate copy of the original book. The copy shall then have the force of the original.E\n\nNothing in this chapter shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administration of their several departments or to compel the removal of records deemed necessary by them in the performance of their statutory duty.","order_by":null,"text":{"0":{"id":293242,"text":"Custodians of archival public records shall keep them in fire-resistant, environmentally controlled, physically secure rooms designed to ensure proper preservation and in such arrangement as to be easily accessible. Current public records should be kept in the buildings in which they are ordinarily used. It shall be the duty of each agency to consult with The Library of Virginia to determine the best manner in which to store long-term or archival electronic records. In entering into a contract with a third-party storage provider for the storage of public records, an agency shall require the third-party to cooperate with The Library of Virginia in complying with rules and regulations promulgated by the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293243,"text":"Public records deemed unnecessary for the transaction of the business of any state agency, yet deemed to be of archival value, may be transferred with the consent of the Librarian of Virginia to the custody of 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":293244,"text":"Public records deemed unnecessary for the transaction of the business of any county, city, or town, yet deemed to be of archival value, shall be stored either in The Library of Virginia or in the locality, at the decision of the local officials responsible for maintaining public records. Archival public records shall be returned to the locality upon the written request of the local officials responsible for maintaining local public records. Microfilm shall be stored in The Library of Virginia but the use thereof shall be subject to the control of the local officials responsible for maintaining local public records.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293245,"text":"Record books deemed archival should be copied or repaired, renovated or rebound if worn, mutilated, damaged or difficult to read. Whenever the public records of any public official are in need of repair, restoration or rebinding, a judge of the court of record or the head of such agency or political subdivision of the Commonwealth may authorize that the records in need of repair be removed from the building or office in which such records are ordinarily kept, for the length of time necessary to repair, restore or rebind them, provided such restoration and rebinding preserves the records without loss or damage to them. Before any restoration or repair work is initiated, a treatment proposal from the contractor shall be submitted and reviewed in consultation with The Library of Virginia. Any public official who causes a record book to be copied shall attest it and shall certify an oath that it is an accurate copy of the original book. The copy shall then have the force of the original.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":293246,"text":"Nothing in this chapter shall be construed to divest agency heads of the authority to determine the nature and form of the records required in the administration of their several departments or to compel the removal of records deemed necessary by them in the performance of their statutory duty.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-87\/","history_text":"

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 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 1994, chapters 64<\/a> and 955<\/a>; in 2005, chapter 787<\/a>; in 2006, chapter 60<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":221211,"object_type":"law","relational_id":81852,"identifier":"42.1-87","token":"42.1\/7\/42.1-87","url":"\/42.1-87\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","dublin_core":{"Title":"Archival public records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-87","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Custodians<\/span> of archival public records<\/span> shall keep them in fire-resistant, environmentally controlled, physically secure rooms designed to ensure proper preservation<\/span> and in such arrangement as to be easily accessible. Current public records<\/span> should be kept in the buildings in which they are ordinarily used. It shall be the duty of each agency<\/span> to consult with The Library of Virginia to determine the best manner in which to store long-term or archival electronic records<\/span>. In entering into a contract<\/span> with a third-party<\/span> storage provider for the storage of public records<\/span>, an agency<\/span> shall require the third-party<\/span> to cooperate with The Library of Virginia in complying with rules and regulations promulgated by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Public records<\/span> deemed unnecessary for the transaction of the business of any state agency<\/span>, yet deemed to be of archival value, may be transferred with the consent of the Librarian of Virginia<\/span> to the custody<\/span> of the Library of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Public records<\/span> deemed unnecessary for the transaction of the business of any county, city, or town, yet deemed to be of archival value, shall be stored either in The Library of Virginia or in the locality, at the decision of the local officials responsible for maintaining public records<\/span>. Archival public records<\/span> shall be returned to the locality upon the written request of the local officials responsible for maintaining local public records<\/span>. Microfilm shall be stored in The Library of Virginia but the use thereof shall be subject to the control of the local officials responsible for maintaining local public records<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Record<\/span> books deemed archival should be copied or repaired, renovated or rebound if worn, mutilated, damaged or difficult to read. Whenever the public records<\/span> of any public official<\/span> are in need of repair, restoration or rebinding, a judge<\/span> of the court<\/span> of record<\/span> or the head of such agency<\/span> or political subdivision of the Commonwealth may authorize that the records in need of repair be removed from the building or office in which such records are ordinarily kept, for the length of time necessary to repair, restore or rebind them, provided such restoration and rebinding preserves the records without loss or damage to them. Before any restoration or repair work is initiated, a treatment proposal from the contractor shall be submitted and reviewed in consultation with The Library of Virginia. Any public official<\/span> who causes a record<\/span> book to be copied shall attest it and shall certify an oath<\/span> that it is an accurate copy of the original book. The copy shall then have the force of the original. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this chapter shall be construed to divest agency<\/span> heads of the authority to determine the nature and form of the records required in the administration of their several departments or to compel the removal of records deemed necessary by them in the performance of their statutory duty. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nARCHIVAL PUBLIC RECORDS (\u00a7 42.1-87)\n\nA. Custodians of archival public records shall keep them in fire-resistant,\nenvironmentally controlled, physically secure rooms designed to ensure proper\npreservation and in such arrangement as to be easily accessible. Current public\nrecords should be kept in the buildings in which they are ordinarily used. It\nshall be the duty of each agency to consult with The Library of Virginia to\ndetermine the best manner in which to store long-term or archival electronic\nrecords. In entering into a contract with a third-party storage provider for the\nstorage of public records, an agency shall require the third-party to cooperate\nwith The Library of Virginia in complying with rules and regulations promulgated\nby the Board.\n\nB. Public records deemed unnecessary for the transaction of the business of any\nstate agency, yet deemed to be of archival value, may be transferred with the\nconsent of the Librarian of Virginia to the custody of the Library of Virginia.\n\nC. Public records deemed unnecessary for the transaction of the business of any\ncounty, city, or town, yet deemed to be of archival value, shall be stored\neither in The Library of Virginia or in the locality, at the decision of the\nlocal officials responsible for maintaining public records. Archival public\nrecords shall be returned to the locality upon the written request of the local\nofficials responsible for maintaining local public records. Microfilm shall be\nstored in The Library of Virginia but the use thereof shall be subject to the\ncontrol of the local officials responsible for maintaining local public records.\n\nD. Record books deemed archival should be copied or repaired, renovated or\nrebound if worn, mutilated, damaged or difficult to read. Whenever the public\nrecords of any public official are in need of repair, restoration or rebinding,\na judge of the court of record or the head of such agency or political\nsubdivision of the Commonwealth may authorize that the records in need of repair\nbe removed from the building or office in which such records are ordinarily\nkept, for the length of time necessary to repair, restore or rebind them,\nprovided such restoration and rebinding preserves the records without loss or\ndamage to them. Before any restoration or repair work is initiated, a treatment\nproposal from the contractor shall be submitted and reviewed in consultation\nwith The Library of Virginia. Any public official who causes a record book to be\ncopied shall attest it and shall certify an oath that it is an accurate copy of\nthe original book. The copy shall then have the force of the original.\n\nE. Nothing in this chapter shall be construed to divest agency heads of the\nauthority to determine the nature and form of the records required in the\nadministration of their several departments or to compel the removal of records\ndeemed necessary by them in the performance of their statutory duty.\n\nHISTORY: 1976, c. 746; 1994, cc. 64, 955; 2005, c. 787; 2006, c. 60.","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}}