Are Fairfax County Records Public?

Yes, Fairfax County records are public. The Virginia Freedom of Information Act (FOIA) grants the public (people of the Commonwealth) access to records created by or in the custody of a public body. Public records give citizens insight into government activities, so all public bodies are mandated to make all efforts to make requested records available for inspection or copying unless the record was specifically made exempt. They include Fairfax County court records, vital records, property records and criminal records.

Fairfax County complies with the FOIA (Code of Virginia § 2.2-3700 et seq.) but also has a countywide FOIA policy that governs public access to local public records. Exemptions or restrictions on public records maintain transparency in government operations while safeguarding privacy and security.

What is Exempted Under the Virginia Public Records Act?

Although public records include all writing owned or kept by public bodies while transacting public business, some records may be removed from public disclosure for privacy, security, or legal reasons. Code of Virginia § 2.2-3705. governs these exclusions and highlights some types of records that are removed from unauthorized public access. Examples of these records include the following:

• Personnel records: Information about government human resources (personnel evaluations, disciplinary action, etc.)
• Medical records
• Attorney-client privileged communications
• Records of active investigations: information on informants and other sensitive information that could jeopardize the integrity of the case is restricted
• Proprietary information: trade secrets submitted to government agencies are confidential
• Security records of critical public infrastructure.

According to the law, if a record request is excluded due to the reasons above, it is not interpreted as denying public access to records. The government agency is, however, mandated to provide a written explanation citing the specific exemption as the reason why the record request is denied. Record requesters may challenge exemptions using an appeal or legal action if they can justify their need for access to the record.

Fairfax County Public Record Search

Fairfax County offers several resources for accessing public records depending on the type of record sought. Record requesters need to know the kind of record they require to make a record request to the correct record custodian. The Library of Virginia is the official custodian of all state public records. For local records, consider using the Fairfax County website to find the appropriate agency in charge of the record sought. Commonly sought records are court case records maintained by the Circuit Court and property records maintained by the Assessor's Office. When the requester finds the agency in charge of their record and no online resource is available for a record search, they can submit a VFOIA request through their provided channels (email, fax, U.S. mail). For a record request from an agency not listed on the Fairfax County website, individuals can fill out the Countywide FOIA form and submit it to the Office of Public Affairs. The contact information for this office is as follows:

12000 Government Center Parkway, Suite 551
Fairfax, VA 22035
Phone: (703) 324-7052, TTY 711
Email: FOIA@fairfaxcounty.gov

Find Public Records For Free in Fairfax County

In addition to the Library of Virginia and other state agencies serving as record custodians, individuals can also use third-party websites to find public records more quickly. Third-party websites are privately owned websites that aggregate public records from various government agencies in various counties and states in the U.S. into a single database and offer a user-friendly interface for the public to make record requests for free or at a fee. They allow searches through their database using minimal information like the names of parties involved with the record and do not require a form of identification before the record is unreleased.

Other advantages of using third-party websites include their ability to shorten record search time and the availability of different types of public records in a single location. This convenience makes them a helpful tool for beginning a record search. However, their drawback is that as they are not owned by government agencies, so information from third-party sources may be inaccurate or incomplete. Hence, it is important to verify information from them against information from official government sources.

How to Remove Information From Public Records Free

To remove information from public records for free in Fairfax County, contact the particular agency serving as the custodian and follow their specific procedure for removing or redacting information. Also, before requesting the removal of a record, the requester should understand and adhere to the Virginia Freedom of Information Act (VFOIA) procedures for accessing or challenging the release of records.

The process for removing information generally involves making a written request to the specific record custodian or the Fairfax County Office of Public Affairs and submitting it to them online, in person, or by email. To improve the chances of the request being granted, it should include all necessary information such as the record requested for removal, the reason for the removal request and all supporting evidence and documentation supporting why the record should be removed.

To remove criminal records specifically from public view, individuals have to petition for expungement with the Fairfax Circuit Court. After submitting a request for expungement and supporting documents, The Commonwealth's Attorney reviews the evidence and grants the expunction if it meets all criteria.

Who Can Access Fairfax County Public Records in Virginia?

Under Virginia FOIA, any citizen of the Commonwealth has the right to access public records and access meetings of public bodies to ensure that awareness of government activities is promoted. These citizens include residents, non-residents, businesses, and organizations of Virginia. Regardless of this law, not all records are accessible when a record request is made. A record may not be accessed if the request is for an exempted record, if the request is incomplete or unclear, or if the applicable fees are unpaid. For public records held by agencies with precise eligibility criteria, if the record requester is not eligible to access these records, their record request will also not be granted.

What Happens if I Am Refused a Public Records Request?

The Virginia FOIA mandates all agencies refusing a record request to give the requester a written denial stating the reason for the denial and the legal exemption. Requesters who want to challenge the denial can submit an appeal to the agency denying their access to the record or contact the Virginia Freedom of Information Advisory (FOIA) Council for assistance. If the appeal and intervention by the Virginia FOIA Council fails, Virginia FOIA § 2.2-3713 allows the requester to file a lawsuit with the local Circuit Court. If the requester wins the case, the court will order that the record be released and may also award the requester their attorney fees from the agency withholding the record.