§ 16.1-69.55. Retention of case records; limitations on enforcement ofjudgments; extensions.

A. Criminal and traffic infraction proceedings:

1. In misdemeanor and traffic infraction cases, except misdemeanor casesunder § 16.1-253.2 or 18.2-57.2, all documents shall be retained for 10years, including cases sealed in expungement proceedings under § 19.2-392.2.In misdemeanor cases under § 16.1-253.2 or 18.2-57.2, all documents shall beretained for 20 years. In misdemeanor cases under §§ 18.2-67.4, 18.2-67.4:1,18.2-67.4:2, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01,18.2-370.1, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all documentsshall be retained for 50 years. Documents in misdemeanor and trafficinfraction cases for which an appeal has been made shall be returned to andfiled with the clerk of the appropriate circuit court pursuant to § 16.1-135;

2. In felony cases which are certified to the grand jury, all documents shallbe certified to the clerk of the appropriate circuit court pursuant to §§19.2-186 and 19.2-190. All other felony case documents shall be handled asprovided in subdivision A 1 of this section;

3. Dockets and indices shall be retained for 10 years.

B. Civil proceedings:

1. All documents in civil proceedings in district court which are dismissed,including dismissal under § 8.01-335, shall be retained until completion ofthe Commonwealth's audit of the court records. Notwithstanding § 8.01-275.1,the clerks of the district courts may destroy documents in civil proceedingsin which no service of process is had 24 months after the last return date;

2. In civil actions which result in a judgment all documents in thepossession of the general district court shall be retained for 10 years and,unless sooner satisfied, the judgment shall remain in force for a period of10 years;

3. In civil cases that are appealed to the circuit court pursuant to §16.1-112, all documents pertaining thereto shall be transferred to thecircuit court in accordance with those sections;

4. The limitations on enforcement of general district court judgmentsprovided in § 16.1-94.1 shall not apply if the plaintiff, prior to theexpiration of that period for enforcement, pays the circuit court docketingand indexing fees on judgments from other courts together with any otherrequired filing fees and dockets the judgment in the circuit court havingjurisdiction in the same geographic area as the general district court.However, a judgment debtor wishing to discharge a judgment pursuant to theprovisions of § 8.01-456, when the judgment creditor cannot be located, may,prior to the expiration of that period for enforcement, pay the circuit courtdocketing and indexing fees on judgments from other courts together with anyother required filing fees and docket the judgment in the circuit courthaving jurisdiction in the same geographic area as the general districtcourt. After the expiration of the period provided in § 16.1-94.1, executionson such docketed civil judgments may issue from the general district courtwherein the judgment was obtained upon the filing in the general districtcourt of an abstract from the circuit court. In all other respects, thedocketing of a general district court judgment in a circuit court confersupon such judgment the same status as if the judgment were a circuit courtjudgment;

5. Dockets for civil cases shall be retained for 10 years;

6. Indices in civil cases shall be retained for 10 years.

C. Juvenile and domestic relations district court proceedings:

1. In adult criminal cases, all records shall be retained as provided insubdivision A 1 of this section;

2. In juvenile cases, all documents and indices shall be governed by theprovisions of § 16.1-306;

3. In all cases involving support arising under Titles 16.1, 20 or 63.2, alldocuments and indices shall be retained until the last juvenile involved, ifany, has reached 19 years of age and 10 years have elapsed from eitherdismissal or termination of the case by court order or by operation of law.Financial records in connection with such cases shall be subject to theprovisions of § 16.1-69.56;

4. In all cases involving sexually violent offenses, as defined in §37.2-900, and in all misdemeanor cases under §§ 18.2-67.4, 18.2-67.4:1,18.2-67.4:2, 18.2-346, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01,18.2-370.1, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all documentsshall be retained for 50 years;

5. In cases transferred to circuit court for trial as an adult or appealed tocircuit court, all documents pertaining thereto shall be transferred tocircuit court;

6. All dockets in juvenile cases shall be governed by the provisions of §16.1-306 F.

(1983, c. 499; 1990, c. 258; 1996, c. 463; 2003, c. 126; 2005, c. 135; 2007,cc. 369, 468, 869; 2008, c. 749; 2009, c. 740.)