====== Request public records from a Virginia public body ====== **Virginia · How do I request public records?** · state model checked by Claude · quality 1.00 //Generated by [[https://github.com/alibama/lexflow|lexflow]] from the state statutes (open-us-law, government publisher text) and checked by Claude: every quoted phrase was matched word for word against the statute text, and the process passed the BPMN/DMN schemas, bpmnlint and a Petri-net soundness check. Information, not legal advice.// **Governing law:** [[https://law.lis.virginia.gov/vacode/2.2-3704/|Va. Code Ann. § 2.2-3704]] — Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc ===== Process map ===== A Virginia citizen, or media circulating or broadcasting in Virginia, asks a public body for public records Subsection E: failure to respond "shall be deemed a denial of the request and shall constitute a violation of this chapter." Both response deadlines route their timers (consequence 'deemed-denial') to the end state deemed_denied, kept separate from a written withholding or not-found response (no_records_released). For the five-working-day deadline this follows E directly. For the B.4 extension it is an inference: a written B.4 response has already been given when that timer runs, and deemed denial is read from E together with B.4's requirement to provide "one of the four preceding responses" within the extension. Enforcement by petition for mandamus or injunction under Va. Code § 2.2-3713 is not modelled. Subsection A opens records to citizens of the Commonwealth and to representatives of newspapers and magazines circulating, and radio and television stations broadcasting, in or into Virginia; this section grants no right to anyone else, and whether a body answers other requesters is not stated here. This is the Virginia process, so it governs Charlottesville and other Virginia localities only; requests to the District of Columbia (D.C. Code § 2-532) or to Baltimore (Md. Code, General Provisions § 4-203) follow their own statutes and are modelled separately. Optional steps that would rejoin the main path are not modelled as separate steps: the custodian may require the requester's name and legal address (A); the cost-estimate exchange tolls the clock, and the request is deemed withdrawn if the requester does not answer an estimate within 30 days (F); a deposit may be required when charges are likely to exceed $200 (H); and unpaid bills 30 days or more past due may have to be paid first (I). Court petition (C): the condition extraordinary_burden_and_intends_petition stands for both statutory prongs (an extraordinary volume of records or an extraordinarily lengthy search, and a timely response would prevent the body from meeting its operational responsibilities) plus the body's choice to petition, since the agreement duty applies only before proceeding with the petition. The path is an exclusive alternative to the ordinary response and ends at filing; the statute does not say what follows an agreement or the court's ruling. Extension (B.4): the extra time is available only if the B.4 response is made within five working days, which the model reflects by reaching respond_extended only from a timely respond. The text says 'an additional seven work days' without saying whether they run from the end of the five-day period or from the B.4 response; the timer is a boundary event on respond_extended, so it runs from the B.4 response, which can be shorter than seven work days counted from the end of the five-day period. Criminal investigative files (§ 2.2-3706.1) get 60 work days instead; the timer shows only the seven-day figure. Subsection F's opening exception for scholastic records under § 2.2-3705.4 A 1 qualifies the permission to make charges; the text does not say whether the later duty to notify the requester of charges before a search still applies to such requests, so notify_charges is shown without a condition. No new record need be created (D), electronic records must be produced in a medium the body regularly uses (G), and a body that transferred records for storage remains their custodian (J); these shape the response but are not separate steps. The first response and the B.4 extended response rejoin as exclusive merges: supply and no_records_released are each modelled once and reached from whichever response was given (join 'any'); both missed deadlines lead to the single deemed_denied end state. no_records_released cites B.1 but also covers the B.3 not-found response. start submit_request notify_charges seek_agreement petition_court respond respond_deadline supply respond_extended respond_extended_deadline production_agreed no_records_released deemed_denied records_supplied supply_join no_records_released_join notify_charges_gw seek_agreement_gw respond_gw respond_extended_gw deemed_denied_merge petition_court_done Code of Virginia § 2.2-3704(A): “all public records shall be open to citizens of the Commonwealth” all public records shall be open to citizens of the Commonwealth sf3 Code of Virginia § 2.2-3704(B): “A request for public records shall identify the requested records with reasonable specificity.” A request for public records shall identify the requested records with reasonable specificity. sf3 sf4 Code of Virginia § 2.2-3704(F): “Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges” Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges sf4 sf5 Code of Virginia § 2.2-3704(C): “Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester” Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester sf6 sf8 Code of Virginia § 2.2-3704(C): “Any public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search” Any public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search sf10 sf22 Code of Virginia § 2.2-3704(B): “provide the requested records to the requester or make one of the following responses in writing” provide the requested records to the requester or make one of the following responses in writing response_type sf7 sf11 Code of Virginia § 2.2-3704(B): “promptly, but in all cases within five working days of receiving a request” promptly, but in all cases within five working days of receiving a request sf19 P5D Code of Virginia § 2.2-3704(F): “shall make all reasonable efforts to supply the requested records at the lowest possible cost” shall make all reasonable efforts to supply the requested records at the lowest possible cost sf1 sf18 Code of Virginia § 2.2-3704(B)(4): “in which to provide one of the four preceding responses” in which to provide one of the four preceding responses final_response_type sf13 sf15 Code of Virginia § 2.2-3704(B)(4): “If the response is made within five working days, the public body shall have an additional seven work days” If the response is made within five working days, the public body shall have an additional seven work days sf20 P7D Code of Virginia § 2.2-3704(C): “reach an agreement with the requester concerning the production of the records requested” reach an agreement with the requester concerning the production of the records requested sf9 Code of Virginia § 2.2-3704(B)(1): “The requested records are being entirely withheld.” The requested records are being entirely withheld. sf2 Code of Virginia § 2.2-3704(E): “Failure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter.” Failure to respond to a request for records shall be deemed a denial of the request and shall constitute a violation of this chapter. sf21 Code of Virginia § 2.2-3704(A): “Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester.” Access to such records shall be provided by the custodian in accordance with this chapter by inspection or by providing copies of the requested records, at the option of the requester. sf18 sf12 sf16 sf1 sf14 sf17 sf2 sf5 sf6 sf7 sf8 sf9 sf10 sf11 sf12 sf13 sf14 sf15 sf16 sf17 sf19 sf20 sf21 sf22 extraordinary_burden_and_intends_petition agreement_reached records_provided not_practically_possible records_provided ===== Steps and the words they come from ===== - **Request records with reasonable specificity** — Requester (citizen of the Commonwealth, or media circulating or broadcasting in Virginia) · //obligation// (§ 2.2-3704(B)) \\ “//A request for public records shall identify the requested records with reasonable specificity.//” - **Notify of charges; offer cost estimate** — Public body (records custodian) · //obligation// (§ 2.2-3704(F)) \\ “//Prior to conducting a search for records, the public body shall notify the requester in writing that the public body may make reasonable charges//” - **Try to agree on production with requester** — Public body (records custodian) · //obligation// (§ 2.2-3704%%(C)%%) \\ “//Before proceeding with the petition, however, the public body shall make reasonable efforts to reach an agreement with the requester//” - **Petition court for more time** — Public body (records custodian) · //permission// (§ 2.2-3704%%(C)%%) \\ “//Any public body may petition the appropriate court for additional time to respond to a request for records when the request is for an extraordinary volume of records or requires an extraordinarily lengthy search//” - **Provide records or answer in writing** — Public body (records custodian) · within 5 business days · //obligation// (§ 2.2-3704(B)) \\ “//provide the requested records to the requester or make one of the following responses in writing//” - **Supply inspection or copies at lowest cost** — Public body (records custodian) · //obligation// (§ 2.2-3704(F)) \\ “//shall make all reasonable efforts to supply the requested records at the lowest possible cost//” - **Provide records or answer within extension** — Public body (records custodian) · within 7 business days · //obligation// (§ 2.2-3704(B)(4)) \\ “//in which to provide one of the four preceding responses//” ===== Which written response does the public body give? ===== Decision table (DMN), hit policy FIRST. ^ Possible to answer within five work days ^ Records exist and can be found ^ All requested records are exempt ^ Some requested records are exempt ^ → Written response ^ → Takes the extension ^ → Some records are provided ^ Source ^ | false | - | - | - | Not practically possible within five work days; conditions stated | true | false | § 2.2-3704(B)(4) | | true | false | - | - | Records could not be found or do not exist; contact information for the other public body if known | false | false | § 2.2-3704(B)(3) | | true | true | true | - | Entirely withheld; volume, subject matter and Code sections cited | false | false | § 2.2-3704(B)(1) | | true | true | false | true | Provided in part, withheld in part; subject matter of withheld portions and Code sections cited | false | true | § 2.2-3704(B)(2) | | true | true | false | false | Provide the records | false | true | § 2.2-3704(B) | ===== Which response does the public body give within the extension? ===== Decision table (DMN), hit policy FIRST. ^ Records exist and can be found ^ All requested records are exempt ^ Some requested records are exempt ^ → Response ^ → Some records are provided ^ Source ^ | false | - | - | Records could not be found or do not exist; contact information for the other public body if known | false | § 2.2-3704(B)(3) | | true | true | - | Entirely withheld; volume, subject matter and Code sections cited | false | § 2.2-3704(B)(1) | | true | false | true | Provided in part, withheld in part; subject matter of withheld portions and Code sections cited | true | § 2.2-3704(B)(2) | | true | false | false | Provide the records | true | § 2.2-3704(B) | ===== What the text leaves open ===== * Subsection E: failure to respond "shall be deemed a denial of the request and shall constitute a violation of this chapter." Both response deadlines route their timers (consequence 'deemed-denial') to the end state deemed_denied, kept separate from a written withholding or not-found response (no_records_released). For the five-working-day deadline this follows E directly. For the B.4 extension it is an inference: a written B.4 response has already been given when that timer runs, and deemed denial is read from E together with B.4's requirement to provide "one of the four preceding responses" within the extension. Enforcement by petition for mandamus or injunction under Va. Code § 2.2-3713 is not modelled. * Subsection A opens records to citizens of the Commonwealth and to representatives of newspapers and magazines circulating, and radio and television stations broadcasting, in or into Virginia; this section grants no right to anyone else, and whether a body answers other requesters is not stated here. * This is the Virginia process, so it governs Charlottesville and other Virginia localities only; requests to the District of Columbia (D.C. Code § 2-532) or to Baltimore (Md. Code, General Provisions § 4-203) follow their own statutes and are modelled separately. * Optional steps that would rejoin the main path are not modelled as separate steps: the custodian may require the requester's name and legal address (A); the cost-estimate exchange tolls the clock, and the request is deemed withdrawn if the requester does not answer an estimate within 30 days (F); a deposit may be required when charges are likely to exceed $200 (H); and unpaid bills 30 days or more past due may have to be paid first (I). * Court petition %%(C)%%: the condition extraordinary_burden_and_intends_petition stands for both statutory prongs (an extraordinary volume of records or an extraordinarily lengthy search, and a timely response would prevent the body from meeting its operational responsibilities) plus the body's choice to petition, since the agreement duty applies only before proceeding with the petition. The path is an exclusive alternative to the ordinary response and ends at filing; the statute does not say what follows an agreement or the court's ruling. * Extension (B.4): the extra time is available only if the B.4 response is made within five working days, which the model reflects by reaching respond_extended only from a timely respond. The text says 'an additional seven work days' without saying whether they run from the end of the five-day period or from the B.4 response; the timer is a boundary event on respond_extended, so it runs from the B.4 response, which can be shorter than seven work days counted from the end of the five-day period. Criminal investigative files (§ 2.2-3706.1) get 60 work days instead; the timer shows only the seven-day figure. * Subsection F's opening exception for scholastic records under § 2.2-3705.4 A 1 qualifies the permission to make charges; the text does not say whether the later duty to notify the requester of charges before a search still applies to such requests, so notify_charges is shown without a condition. * No new record need be created (D), electronic records must be produced in a medium the body regularly uses (G), and a body that transferred records for storage remains their custodian (J); these shape the response but are not separate steps. * The first response and the B.4 extended response rejoin as exclusive merges: supply and no_records_released are each modelled once and reached from whichever response was given (join 'any'); both missed deadlines lead to the single deemed_denied end state. no_records_released cites B.1 but also covers the B.3 not-found response. ===== Court decisions citing this law ===== //Found with [[https://www.courtlistener.com|CourtListener]] (Free Law Project): opinions in the state's appellate courts whose text cites these sections. Listed for research; not every citing case construes the section.// * [[https://www.courtlistener.com/opinion/2959683/department-of-corrections-v-surovell/|Department of Corrections v. Surovell]] (Supreme Court of Virginia, 2015, 776 S.E.2d 579; 290 Va. 255; 2015 Va. LEXIS 107) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/4404754/daily-press-llc-v-office-of-the-exec-secy-of-the-supreme-court-of-va/|Daily Press, LLC v. Office of the Exec. Sec'y of the Supreme Court of Va.]] (Supreme Court of Virginia, 2017, 800 S.E.2d 822; 45 Media L. Rep. (BNA) 1953; 293 Va. 551; 2017 WL 2806367; 2017 Va. LEXIS 98) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/1058812/bland-v-virginia-state-university/|Bland v. Virginia State University]] (Supreme Court of Virginia, 2006, 630 S.E.2d 525; 272 Va. 198; 2006 Va. LEXIS 55) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/1057981/christian-v-state-corp-comn/|Christian v. STATE CORP. COM'N]] (Supreme Court of Virginia, 2011, 718 S.E.2d 767; 282 Va. 392; 2011 Va. LEXIS 217) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/1059274/globe-newspaper-co-v-commonwealth/|Globe Newspaper Co. v. Commonwealth]] (Supreme Court of Virginia, 2002, 570 S.E.2d 809; 264 Va. 622; 31 Media L. Rep. (BNA) 1312; 2002 Va. LEXIS 156) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/1058606/fenter-v-norfolk-airport-authority/|Fenter v. Norfolk Airport Authority]] (Supreme Court of Virginia, 2007, 649 S.E.2d 704; 274 Va. 524; 2007 Va. LEXIS 102) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/10401324/commonwealth-of-virginia-v-heather-sawyer/|Commonwealth of Virginia v. Heather Sawyer]] (Court of Appeals of Virginia, 2025) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/10363453/thomas-a-blackstock-jr-v-virginia-department-of-transportation/|Thomas A. Blackstock, Jr. v. Virginia Department of Transportation]] (Court of Appeals of Virginia, 2025) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/10079174/matthew-keil-v-jim-osullivan-etc/|Matthew Keil v. Jim O'Sullivan, etc.]] (Court of Appeals of Virginia, 2024) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/10021335/citizens-for-faquier-county-v-town-of-warrenton-virginia/|Citizens for Faquier County v. Town of Warrenton, Virginia]] (Court of Appeals of Virginia, 2024) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/8404410/hawkins-v-town-of-south-hill/|Hawkins v. Town of South Hill]] (Supreme Court of Virginia, 2022) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/4686267/transparent-gmu-v-george-mason-university/|Transparent GMU v. George Mason University]] (Supreme Court of Virginia, 2019) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/4570552/bergano-v-city-of-virginia-beach/|Bergano v. City of Virginia Beach]] (Supreme Court of Virginia, 2018, 821 S.E.2d 319) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/4423099/va-educ-assn-v-commonwealth/|Va. Educ. Ass'n v. Commonwealth]] (Supreme Court of Virginia, 2017, 803 S.E.2d 320) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/4423899/va-education-assn-v-davison-corrected/|Va. Education Assn. v. Davison (Corrected)]] (Supreme Court of Virginia, 2017) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/3150557/department-of-corrections-v-surovell/|Department of Corrections v. Surovell]] (Supreme Court of Virginia, 2015) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/2670491/american-tradition-inst-v-rector-and-visitors/|American Tradition Inst. v. Rector and Visitors]] (Supreme Court of Virginia, 2014) — cites § 2.2-3704 * [[https://www.courtlistener.com/opinion/1057779/harmon-v-ewing-order/|Harmon v. Ewing (ORDER)]] (Supreme Court of Virginia, 2013) — cites § 2.2-3704 ===== Checks ===== * Quotes checked word for word: 23 (0 not exact) * BPMN / DMN schema errors: 0 / 0; bpmnlint errors: 0 * Petri nets sound: 1 of 1 * Sections used: 2.2-3704 ===== Local answers ===== * [[lexflow:va:charlottesville:records|City of Charlottesville]] ← [[lexflow:va|Virginia]] · [[lexflow:start|lexflow models]]