FOIA FAQ's

General Information

What is the Virginia Freedom of Information Act (FOIA)?

The Virginia Freedom of Information Act (ยง 2.2-3700 et seq. of the Code of Virginia) ensures that citizens have access to public records and meetings of government bodies to promote transparency and accountability.

Who can request records under FOIA?

Any citizen of Virginia, as well as representatives of newspapers, magazines, and radio/television stations with circulation or broadcasting in Virginia, may request public records.

What records are available under FOIA?

FOIA provides access to public records, which include documents, emails, reports, and other materials prepared, owned, or retained by public bodies, officials, or employees in the course of conducting public business. Some records may be exempt due to privacy, security, or legal reasons.

Requesting Records

How do I make a FOIA request?

A FOIA request must:

  • Be directed to the appropriate public body
  • Clearly describe the records being requested
  • Include your name and legal address in Virginia

Requests can typically be submitted via email, mail, phone, or in person.

Is there a specific form I must use?

No, there is no required form. However, providing a written request helps ensure accuracy in processing.

How long does it take to receive a response?

Public bodies must respond within five business days of receiving a request. They may:

  1. Provide the requested records
  2. Deny the request (with an explanation of the exemption)
  3. Provide a cost estimate before proceeding
  4. Require up to an additional seven business days for complex requests

Fees and Costs

Is there a fee for requesting records?

Yes, public bodies may charge reasonable fees for locating, duplicating, and supplying records. If the estimated cost exceeds $200, a deposit may be required before processing.

Can I request a fee waiver?

There is no automatic waiver, but you may ask the agency to consider reducing or waiving fees in certain circumstances.

Exemptions and Denials

What types of records may be withheld?

FOIA allows for certain exemptions, including but not limited to:

  • Personal information (e.g., medical or personnel records)
  • Law enforcement investigations
  • Attorney-client privileged materials
  • Security-related information
  • Certain proprietary business information

What if my request is denied?

If your request is denied, the public body must provide a written explanation citing the legal exemption. You may:

  • Request a reconsideration
  • File a complaint with the Virginia Freedom of Information Advisory Council
  • Seek judicial review in court

Additional Information

Can I attend government meetings?

Yes, FOIA ensures that meetings of public bodies are open to the public, with limited exceptions for closed sessions (e.g., personnel matters, legal consultations).

Where can I find more information?

For additional FOIA guidance, you may visit the Virginia FOIA Advisory Council website or contact WJCC's FOIA officer.