                                 CODE OF VIRGINIA

DISPOSITION OF PUBLIC RECORDS (§ 42.1-86.1)

A. 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 &#xA7; 42.1-82 and the record&#8217;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&#8217;s designated records officer; and (iii) there is no
litigation, audit, investigation, request for records pursuant to the Virginia
Freedom of Information Act (&#xA7; 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. No agency shall destroy any public record created before 1912 without first
offering it to The Library of Virginia.

C. 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 &#xA7; 18.2-186.3, shall be destroyed within six months of the
expiration of the records retention period.

HISTORY: 1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.