How long does a Virginia agency or government body have to respond to a records request?

The public body that is the custodian shall promptly, but in all cases within five working days of receiving the request, provide the records or make one of four written responses: (1) the records are entirely withheld (identifying the volume and subject matter and citing the specific Code section for each category withheld); (2) provided in part and withheld in part (same detail); (3) the records could not be found or do not exist (with contact information for another public body if known); or (4) it is not practically possible to provide the records or determine whether they are available within five working days, specifying the conditions that make a response impossible. (Va. Code § 2.2-3704(B))

How do I appeal a denied or ignored records request in Virginia?

The statute read provides no administrative appeal. A person denied rights under VFOIA may file a petition for mandamus or injunction, supported by an affidavit showing good cause, in the general district court or circuit court: for a local body, in the county or city it serves where the right was denied; for a regional body, where its principal business office is; for a state body, the residence of the aggrieved party or the City of Richmond. (Va. Code § 2.2-3713(A))

Virginia public records law: how to make a request

Virginia Freedom of Information Act (VFOIA), Va. Code § 2.2-3700 et seq.. Rules below are quoted or closely paraphrased from the linked official pages, and each shows the date it was last checked (2026-10-17). Jurisdiction code: VA.

Build a request letter Official source

Statute and who may ask

The policy of VFOIA is that all public records are presumed open unless an exemption is properly invoked; the chapter is to be liberally construed and exemptions narrowly construed. All public bodies and their officers and employees shall make reasonable efforts to reach an agreement with a requester about producing the records requested. (Va. Code § 2.2-3700(B))
Source: Va. Code § 2.2-3700 (Virginia Freedom of Information Act: short title; policy, Virginia Law) · last verified 2026-10-17
Public records are open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth, during the custodian's regular office hours; access is by inspection or copies at the requester's option. The custodian may require the requester to provide a name and legal address. (Va. Code § 2.2-3704(A))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
"Public records" are all writings and recordings, in any form however stored, prepared or owned by, or in the possession of, a public body or its officers, employees or agents in the transaction of public business. "Public body" includes agencies, boards and bodies of the Commonwealth and its political subdivisions (counties, cities, towns, school boards and others), public institutions of higher education, and organizations supported wholly or principally by public funds. (Va. Code § 2.2-3701, definitions as read)
Source: Va. Code § 2.2-3701 (definitions, Virginia Law) · last verified 2026-10-17
A request must identify the requested records with reasonable specificity. It need not refer to VFOIA to invoke its provisions or time limits. A public body need not create a new record, but may abstract or summarize information on terms agreed with the requester. (Va. Code § 2.2-3704(B), (D))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Each public body must designate and publicly identify one or more FOIA officers as a point of contact for records requests; state bodies, counties, cities, towns with a population over 250 and school boards must post a plain-English statement of requester rights and the FOIA officer's contact information on their websites. (Va. Code §§ 2.2-3704.1(A), 2.2-3704.2)
Source: Va. Code § 2.2-3704.1 (posted notice of rights and responsibilities, Virginia Law) · last verified 2026-10-17

Response deadline

The public body that is the custodian shall promptly, but in all cases within five working days of receiving the request, provide the records or make one of four written responses: (1) the records are entirely withheld (identifying the volume and subject matter and citing the specific Code section for each category withheld); (2) provided in part and withheld in part (same detail); (3) the records could not be found or do not exist (with contact information for another public body if known); or (4) it is not practically possible to provide the records or determine whether they are available within five working days, specifying the conditions that make a response impossible. (Va. Code § 2.2-3704(B))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
If the fourth response is made within five working days, the public body has an additional seven working days (60 working days for requests for criminal investigative files under § 2.2-3706.1) to provide one of the first three responses. (Va. Code § 2.2-3704(B)(4))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
A public body may petition the court for additional time when the request is for an extraordinary volume of records or an extraordinarily lengthy search and responding on time would prevent it from meeting its operational responsibilities, after reasonable efforts to reach agreement with the requester. (Va. Code § 2.2-3704(C))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Failure to respond to a request is deemed a denial and is a violation of the chapter. (Va. Code § 2.2-3704(E))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
The response period is tolled for the time between the body's notice of a cost estimate (or of an advance determination that charges will exceed $200) and your response. If you do not respond within 30 days of sending the estimate, the request is deemed withdrawn. (Va. Code § 2.2-3704(F), (H))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
The pages read did not define "working days" for this purpose; this site's calculator counts weekdays only.
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17

Fee rules

A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying or searching for the requested records, and shall make all reasonable efforts to supply them at the lowest possible cost. It may not impose extraneous, intermediary or surplus fees to recoup general costs of creating or maintaining records. Any duplicating fee may not exceed actual cost of duplication. (Va. Code § 2.2-3704(F))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Before conducting a search, the body must notify you in writing that it may make reasonable charges and ask whether you want a cost estimate in advance; if you ask, it must give one. Costs of preparing the estimate count toward the final charges. (Va. Code § 2.2-3704(F))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
If the body determines in advance that charges are likely to exceed $200, it may require a deposit up to the amount of the advance determination, credited toward the final cost. Before processing a request it may require payment of amounts owed for earlier requests that remain unpaid 30 days or more after billing. (Va. Code § 2.2-3704(H)-(I))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Records in an electronic database must be made available at a reasonable cost, not exceeding actual cost, in any tangible medium identified by the requester (including, where the body has the capability, posting on a website or delivering by email) if the body uses that medium in the regular course of business; the body need not produce a format it does not regularly use but must make reasonable efforts on agreed terms. (Va. Code § 2.2-3704(G))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
State public bodies, counties, cities, towns over 250 population and school boards must post a written policy explaining how they assess charges for access and search and the current fee, if any. (Va. Code § 2.2-3704.1(A)(6)-(7))
Source: Va. Code § 2.2-3704.1 (posted notice of rights and responsibilities, Virginia Law) · last verified 2026-10-17
The pages read for this entry did not include a statutory fee-waiver provision. A body's own policy may allow one; none is claimed here.
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17

Appeal path and remedies

The statute read provides no administrative appeal. A person denied rights under VFOIA may file a petition for mandamus or injunction, supported by an affidavit showing good cause, in the general district court or circuit court: for a local body, in the county or city it serves where the right was denied; for a regional body, where its principal business office is; for a state body, the residence of the aggrieved party or the City of Richmond. (Va. Code § 2.2-3713(A))
Source: Va. Code § 2.2-3713 (proceedings for enforcement, Virginia Law) · last verified 2026-10-17
The petition must be heard within seven days of the date it is made, if the other party received a copy at least three working days before filing, and must allege the circumstances of the denial with reasonable specificity. A single denial is enough. In a general district court, a corporate petitioner may appear through an officer without a lawyer. (Va. Code § 2.2-3713(B)-(D))
Source: Va. Code § 2.2-3713 (proceedings for enforcement, Virginia Law) · last verified 2026-10-17
If the court finds a denial violated the chapter, the petitioner who substantially prevails recovers reasonable costs, expert witness fees and attorney fees unless special circumstances make an award unjust. The public body bears the burden of proving an exclusion by a preponderance of the evidence, and failure to follow the chapter's procedures is presumed a violation. (Va. Code § 2.2-3713(D)-(E))
Source: Va. Code § 2.2-3713 (proceedings for enforcement, Virginia Law) · last verified 2026-10-17
If a violation by an officer, employee or member of a public body was willfully and knowingly made, the court shall impose a civil penalty of $500 to $2,000 (first violation) on that person, paid to the Literary Fund; $2,000 to $5,000 for a second or subsequent violation. (Va. Code § 2.2-3714(A))
Source: Va. Code § 2.2-3714 (violations and penalties, Virginia Law) · last verified 2026-10-17
The Virginia Freedom of Information Advisory Council by statute furnishes advisory opinions and guidelines on VFOIA on request to any person or public body, and runs an online comment form on the quality of assistance by public bodies. The Council's own website returned a service error when this site tried to read it, so its contact details are not listed here. (Va. Code § 30-179)
Source: Va. Code § 30-179 (powers and duties of the Freedom of Information Advisory Council, Virginia Law) · last verified 2026-10-17

Request-letter wording notes

You may send the request to the public body's designated FOIA officer; the request does not need to cite VFOIA, but doing so is harmless. Identify the records with reasonable specificity. (Va. Code §§ 2.2-3704(B), 2.2-3704.2)
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
The custodian may require your name and legal address; include them. The statute text says the records are open to Virginia citizens and certain media representatives, so a requester who is neither should check the body's policy. (Va. Code § 2.2-3704(A))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Say whether you want a cost estimate before any search; the body must ask you, and the response clock is tolled while the estimate is outstanding. State the format you prefer for electronic records. (Va. Code § 2.2-3704(F)-(G))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
If anything is withheld, the written response must name the specific Code section for each category withheld and describe the volume and subject matter; a letter can ask for these. (Va. Code § 2.2-3704(B)(1)-(2))
Source: Va. Code § 2.2-3704 (public records to be open; procedure for requests; charges, Virginia Law) · last verified 2026-10-17
Make a note of the date you sent the request: a missing response after five working days is a deemed denial, and enforcement is by petition in court. (Va. Code §§ 2.2-3704(E), 2.2-3713)
Source: Va. Code § 2.2-3713 (proceedings for enforcement, Virginia Law) · last verified 2026-10-17

Not yet researched or not verified

The exemptions in §§ 2.2-3705.1 to 2.2-3705.8 and 2.2-3706 to 2.2-3706.1 (not read)
How "working days" is defined for the 5- and 7-day periods, and whether a holiday-specific rule applies
Whether the Freedom of Information Advisory Council offers an informal mediation or opinion process beyond what § 30-179 states (its website could not be read; contact details not listed)
Any statutory fee-waiver or fee-reduction rule
How § 2.2-3704(A) applies to non-Virginians, and individual bodies' own policies

This is legal information from public sources, not legal advice. Laws and agency practices change; read the linked official source and consult a lawyer about your situation. Local agencies may have their own forms and contacts.