                                 CODE OF VIRGINIA

RETENTION OF CASE RECORDS; LIMITATIONS ON ENFORCEMENT OF JUDGMENTS; EXTENSIONS
(§ 16.1-69.55)

A. Criminal and traffic infraction proceedings:

   1. In misdemeanor and traffic infraction cases, except misdemeanor cases under
   &#xA7; 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained
   for 10 years, including cases sealed in expungement proceedings under &#xA7;
   19.2-392.2. In misdemeanor cases under &#xA7; 16.1-253.2, 18.2-57.2, or
   18.2-60.4, all documents shall be retained for 20 years. In misdemeanor cases
   under &#xA7;&#xA7; 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01,
   18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1,
   18.2-387, and 18.2-387.1, all documents shall be retained for 50 years.
   Documents in misdemeanor and traffic infraction cases for which an appeal has
   been made shall be returned to and filed with the clerk of the appropriate
   circuit court pursuant to &#xA7; 16.1-135;

   2. In felony cases that are certified to the grand jury, all documents shall
   be certified to the clerk of the appropriate circuit court pursuant to
   &#xA7;&#xA7; 19.2-186 and 19.2-190. All other felony case documents shall be
   handled as provided in subdivision 1;

   3. Dockets and indices shall be retained for 10 years.

B. Civil proceedings:

   1. All documents in civil proceedings in district court that are dismissed,
   including dismissal under &#xA7; 8.01-335, shall be retained until completion
   of the Commonwealth&#8217;s audit of the court records. Notwithstanding &#xA7;
   8.01-275.1, the clerks of the district courts may destroy documents in civil
   proceedings in which no service of process is had 24 months after the last
   return date;

   2. In civil actions that result in a judgment, all documents in the possession
   of the general district court shall be retained for 10 years and, unless
   sooner satisfied, the judgment shall remain in force for a period of 10 years;

   3. In civil cases that are appealed to the circuit court pursuant to &#xA7;
   16.1-112, all documents pertaining thereto shall be transferred to the circuit
   court in accordance with those sections;

   4. The limitations on enforcement of general district court judgments provided
   in &#xA7; 16.1-94.1 shall not apply if the plaintiff, prior to the expiration
   of that period for enforcement, pays the circuit court docketing and indexing
   fees on judgments from other courts together with any other required filing
   fees and dockets the judgment in the circuit court having jurisdiction in the
   same geographic area as the general district court. However, a judgment debtor
   wishing to discharge a judgment pursuant to the provisions of &#xA7; 8.01-456,
   when the judgment creditor cannot be located, may, prior to the expiration of
   that period for enforcement, pay the circuit court docketing and indexing fees
   on judgments from other courts together with any other required filing fees
   and docket the judgment in the circuit court having jurisdiction in the same
   geographic area as the general district court. After the expiration of the
   period provided in &#xA7; 16.1-94.1, executions on such docketed civil
   judgments may issue from the general district court wherein the judgment was
   obtained upon the filing in the general district court of an abstract from the
   circuit court. In all other respects, the docketing of a general district
   court judgment in a circuit court confers upon such judgment the same status
   as if the judgment were a circuit court judgment;

   5. Dockets for civil cases shall be retained for 10 years;

   6. Indices in civil cases shall be retained for 10 years.

C. Juvenile and domestic relations district court proceedings:

   1. In adult criminal cases, all records shall be retained as provided in
   subdivision A 1;

   2. In juvenile cases, all documents and indices shall be governed by the
   provisions of &#xA7; 16.1-306;

   3. In all cases involving support arising under Title 16.1, 20, or 63.2, all
   documents and indices shall be retained until the last juvenile involved, if
   any, has reached 19 years of age and 10 years have elapsed from either
   dismissal or termination of the case by court order or by operation of law.
   Financial records in connection with such cases shall be subject to the
   provisions of &#xA7; 16.1-69.56;

   4. In all cases involving sexually violent offenses, as defined in &#xA7;
   37.2-900, and in all misdemeanor cases under &#xA7;&#xA7; 18.2-67.4,
   18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349,
   18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all
   documents shall be retained for 50 years;

   5. In cases transferred to circuit court for trial as an adult or appealed to
   circuit court, all documents pertaining thereto shall be transferred to
   circuit court;

   6. All dockets in juvenile cases shall be governed by the provisions of
   subsection F of &#xA7; 16.1-306.

D. At the direction of the chief judge of a district court, the clerk of that
court may cause any or all papers or documents pertaining to civil and criminal
cases that have been ended to be destroyed if such records, papers, or documents
will no longer have administrative, fiscal, historical, or legal value to
warrant continued retention, provided such records, papers, or documents have
been microfilmed or converted to an electronic format. Such microfilm and
microphotographic processes and equipment shall meet state archival microfilm
standards pursuant to &#xA7; 42.1-82, or such electronic format shall follow
state electronic records guidelines, and such records, papers, or documents so
converted shall be placed in conveniently accessible files and provisions made
for examining and using the same. The provisions of this subsection shall not
apply to the documents for misdemeanor cases under &#xA7;&#xA7; 16.1-253.2,
18.2-57.2, 18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346,
18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374,
18.2-386.1, 18.2-387, and 18.2-387.1, which shall be retained as provided in
subsection A.

HISTORY: 1983, c. 499; 1990, c. 258; 1996, c. 463; 2003, c. 126; 2005, c. 135;
2007, cc. 369, 468, 869; 2008, c. 749; 2009, c. 740; 2011, cc. 445, 480; 2013,
cc. 187, 377; 2014, c. 287; 2018, c. 128; 2021, Sp. Sess. I, c. 188.