VA Public Records Law

Virginia Freedom of Information Act (VFOIA)

Va. Code § 2.2-3700 et seq.

Initial response

5 business days

Final response

12 business days

Penalties

Per-day + fee shifting

Attorney fees

Mandatory

ALPR exemption

Yes

Burden of proof

On the agency

Response timeline

Agency must respond within 5 business days. May invoke one 7-business-day extension for a total of 12 business days. If the agency provides a cost estimate over $200, the timeline pauses until the requester responds (30-day response window).

Appeal process

Administrative appeal required?: No, can go directly to court
Appeals body: General District Court or Circuit Court

Advisory resource

The FOIA Council can provide guidance and advisory opinions on your request.

Website: foiacouncil.dls.virginia.gov
Phone: (866) 448-3642
Address: General Assembly Building, 201 N. 9th St., Suite 540, Richmond, VA 23219

Enforcement

Court action: Petition to compel compliance in General District Court or Circuit Court
Filing fee: ~$85
Filing deadline: No specific deadline
Attorney fee trigger: Petitioner shall be entitled to recover reasonable costs and attorney fees from the public body if the petitioner substantially prevails on the merits, unless special circumstances would make an award unjust. Va. Code § 2.2-3713(D). Civil penalties of $500–$2,000 for first violation and $2,000–$5,000 for subsequent violations, assessed against the officer or employee personally. Va. Code § 2.2-3714.

Fees

Search fees: Allowed
Electronic delivery: Required when requested

Agencies may charge reasonable costs for staff time and copying, but may not charge for the first hour of search time in most circumstances. Must provide records in any existing format requested. Cost estimates over $200 require a deposit before work proceeds.

ALPR-specific provisions

Warning

This state has an ALPR-specific exemption: Va. Code § 2.2-5517. ALPR system data and audit trail data are explicitly exempt from VFOIA disclosure under Va. Code § 2.2-5517. System data must be purged after 21 days of capture (unless tied to an ongoing investigation), audit trail data after 2 years. Sale of ALPR data is prohibited. Sharing is restricted to other law enforcement agencies for authorized purposes. Agencies must publicly post ALPR policies and annual reports.

Exemptions to watch for

These are the exemptions agencies most commonly invoke to deny surveillance records requests. Knowing them helps you anticipate and counter a denial.

ALPR system data and audit trail data (§ 2.2-5517)
Law enforcement investigation records (§ 2.2-3706)
Personal privacy (§ 2.2-3705.1)
Endanger life or physical safety
Security plans and procedures
Trade secrets and proprietary information
Personnel records (§ 2.2-3705.1)
Attorney-client privileged communications

Agencies in Virginia

Fairfax County Police Department

Fairfax County active

Norfolk Police Department

Norfolk active

Generate a request letter

For Fairfax County Police Department

When to use

You want to see what the cameras actually recorded — plates, vehicle descriptions, images, timestamps.

Your name

Your mailing address

Your email

Date of interest

Start time

End time

Location (road, intersection, or area) (optional)

Cost cap ($) (optional)

Generated letter

To: Records Access Officer From: [Your Name] Date: 2026-08-30 Subject: VFOIA Request — ALPR/Flock Safety Detection Data Dear Records Access Officer: Pursuant to the Virginia Freedom of Information Act (Va. Code \xA7 2.2-3700 et seq.), I request access to and copies of the following records: All automated license plate reader (ALPR) detection logs, images, and associated metadata captured by any ALPR device (including but not limited to Flock Safety cameras) operated by or on behalf of Fairfax County Police Department during the following time period: Date: [Date] Time: [Start Time] to [End Time] __IF_LOCATION__Location: __USER_LOCATION__ This includes but is not limited to: license plate numbers, vehicle make/model/color, vehicle images, detection timestamps, camera identification numbers, and any alerts generated. I request that records be provided in electronic format pursuant to Va. Code \xA7 2.2-3704(G). If fulfilling this request will cost more than $25, please provide an estimate before proceeding. I expect a response within five business days as required by Va. Code \xA7 2.2-3704(B). If you deny any portion of this request, please provide a written response citing the specific statutory exemption and explaining in detail how the exemption applies. Thank you for your assistance. [Your Name] [Your Address] [Your Email]