A. All case files for cases ended prior to January 1, 1913, shall bepermanently maintained in hardcopy form, either in the locality served by thecircuit court where such files originated or in The Library of Virginia inaccordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.
B. The following records for cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt after having been retained for 10 years after conclusion:
1. Conditional sales contracts;
2. Concealed weapons permit applications;
3. Minister appointments;
4. Petitions for appointment of trustee;
5. Name changes;
6. Nolle prosequi cases;
7. Civil actions that are voluntarily dismissed, including nonsuits, casesthat are dismissed as settled and agreed, cases that are dismissed with orwithout prejudice, cases that are discontinued or dismissed under § 8.01-335and district court appeals dismissed under § 16.1-113 prior to 1988;
8. Misdemeanor and traffic cases, except as provided in subdivision C 3,including those which were commenced on a felony charge but concluded as amisdemeanor;
9. Suits to enforce a lien;
10. Garnishments;
11. Executions except for those covered in § 8.01-484;
12. Miscellaneous oaths and qualifications, but only if the order or oath orqualification is spread in the appropriate order book; and
13. Civil cases pertaining to declarations of habitual offender status andfull restoration of driving privileges.
C. All other records or cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt subject to the following guidelines:
1. All civil case files to which subsection D does not pertain may bedestroyed after 20 years from the court order date.
2. All criminal cases dismissed, including those not a true bill, acquittalsand not guilty verdicts, may be destroyed after 10 years from the court orderdate.
3. All criminal case files involving a felony conviction or a misdemeanorconviction under § 16.1-253.2 or 18.2-57.2 may be destroyed (i) after 20years from the sentencing date or (ii) when the sentence term ends, whichevercomes later.
D. Under the provisions of subsections B and C, the entire file of any casedeemed by the local clerk of court to have historical value, as defined in §42.1-77, or genealogical or sensational significance shall be retainedpermanently as shall all cases in which the title to real estate isestablished, conveyed or condemned by an order or decree of the court. Thefinal order for all cases in which the title to real estate is so affectedshall include an appropriate notification thereof to the clerk.
E. Except as provided in subsection A, the clerk of a circuit court may cause(i) any or all ended records, papers, or documents pertaining to civil andcriminal cases which have been ended for a period of three years or longer;(ii) any unexecuted search warrants and affidavits for unexecuted searchwarrants, provided at least three years have passed since issued; (iii) anyabstracts of judgments; and (iv) original wills, to be destroyed if suchrecords, papers, documents, or wills no longer have administrative, fiscal,historical, or legal value to warrant continued retention, provided suchrecords, papers, or documents have been microfilmed or converted to anelectronic format. Such microfilm and microphotographic processes andequipment shall meet state archival microfilm standards pursuant to §42.1-82, or such electronic format shall follow state electronic recordsguidelines, and such records, papers, or documents so converted shall beplaced in conveniently accessible files and provisions made for examining andusing same. The clerk shall further provide security negative copies of anysuch microfilmed materials for storage in The Library of Virginia.
(1981, c. 637, § 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64, 822;1997, c. 561; 1998, c. 872; 2001, c. 836; 2002, c. 832; 2004, c. 433; 2005,c. 681; 2006, c. 60; 2008, c. 749.)
A. All case files for cases ended prior to January 1, 1913, shall bepermanently maintained in hardcopy form, either in the locality served by thecircuit court where such files originated or in The Library of Virginia inaccordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.
B. The following records for cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt after having been retained for 10 years after conclusion:
1. Conditional sales contracts;
2. Concealed weapons permit applications;
3. Minister appointments;
4. Petitions for appointment of trustee;
5. Name changes;
6. Nolle prosequi cases;
7. Civil actions that are voluntarily dismissed, including nonsuits, casesthat are dismissed as settled and agreed, cases that are dismissed with orwithout prejudice, cases that are discontinued or dismissed under § 8.01-335and district court appeals dismissed under § 16.1-113 prior to 1988;
8. Misdemeanor and traffic cases, except as provided in subdivision C 3,including those which were commenced on a felony charge but concluded as amisdemeanor;
9. Suits to enforce a lien;
10. Garnishments;
11. Executions except for those covered in § 8.01-484;
12. Miscellaneous oaths and qualifications, but only if the order or oath orqualification is spread in the appropriate order book; and
13. Civil cases pertaining to declarations of habitual offender status andfull restoration of driving privileges.
C. All other records or cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt subject to the following guidelines:
1. All civil case files to which subsection D does not pertain may bedestroyed after 20 years from the court order date.
2. All criminal cases dismissed, including those not a true bill, acquittalsand not guilty verdicts, may be destroyed after 10 years from the court orderdate.
3. All criminal case files involving a felony conviction or a misdemeanorconviction under § 16.1-253.2 or 18.2-57.2 may be destroyed (i) after 20years from the sentencing date or (ii) when the sentence term ends, whichevercomes later.
D. Under the provisions of subsections B and C, the entire file of any casedeemed by the local clerk of court to have historical value, as defined in §42.1-77, or genealogical or sensational significance shall be retainedpermanently as shall all cases in which the title to real estate isestablished, conveyed or condemned by an order or decree of the court. Thefinal order for all cases in which the title to real estate is so affectedshall include an appropriate notification thereof to the clerk.
E. Except as provided in subsection A, the clerk of a circuit court may cause(i) any or all ended records, papers, or documents pertaining to civil andcriminal cases which have been ended for a period of three years or longer;(ii) any unexecuted search warrants and affidavits for unexecuted searchwarrants, provided at least three years have passed since issued; (iii) anyabstracts of judgments; and (iv) original wills, to be destroyed if suchrecords, papers, documents, or wills no longer have administrative, fiscal,historical, or legal value to warrant continued retention, provided suchrecords, papers, or documents have been microfilmed or converted to anelectronic format. Such microfilm and microphotographic processes andequipment shall meet state archival microfilm standards pursuant to §42.1-82, or such electronic format shall follow state electronic recordsguidelines, and such records, papers, or documents so converted shall beplaced in conveniently accessible files and provisions made for examining andusing same. The clerk shall further provide security negative copies of anysuch microfilmed materials for storage in The Library of Virginia.
(1981, c. 637, § 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64, 822;1997, c. 561; 1998, c. 872; 2001, c. 836; 2002, c. 832; 2004, c. 433; 2005,c. 681; 2006, c. 60; 2008, c. 749.)
A. All case files for cases ended prior to January 1, 1913, shall bepermanently maintained in hardcopy form, either in the locality served by thecircuit court where such files originated or in The Library of Virginia inaccordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.
B. The following records for cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt after having been retained for 10 years after conclusion:
1. Conditional sales contracts;
2. Concealed weapons permit applications;
3. Minister appointments;
4. Petitions for appointment of trustee;
5. Name changes;
6. Nolle prosequi cases;
7. Civil actions that are voluntarily dismissed, including nonsuits, casesthat are dismissed as settled and agreed, cases that are dismissed with orwithout prejudice, cases that are discontinued or dismissed under § 8.01-335and district court appeals dismissed under § 16.1-113 prior to 1988;
8. Misdemeanor and traffic cases, except as provided in subdivision C 3,including those which were commenced on a felony charge but concluded as amisdemeanor;
9. Suits to enforce a lien;
10. Garnishments;
11. Executions except for those covered in § 8.01-484;
12. Miscellaneous oaths and qualifications, but only if the order or oath orqualification is spread in the appropriate order book; and
13. Civil cases pertaining to declarations of habitual offender status andfull restoration of driving privileges.
C. All other records or cases ending on or after January 1, 1913, may bedestroyed in their entirety at the discretion of the clerk of each circuitcourt subject to the following guidelines:
1. All civil case files to which subsection D does not pertain may bedestroyed after 20 years from the court order date.
2. All criminal cases dismissed, including those not a true bill, acquittalsand not guilty verdicts, may be destroyed after 10 years from the court orderdate.
3. All criminal case files involving a felony conviction or a misdemeanorconviction under § 16.1-253.2 or 18.2-57.2 may be destroyed (i) after 20years from the sentencing date or (ii) when the sentence term ends, whichevercomes later.
D. Under the provisions of subsections B and C, the entire file of any casedeemed by the local clerk of court to have historical value, as defined in §42.1-77, or genealogical or sensational significance shall be retainedpermanently as shall all cases in which the title to real estate isestablished, conveyed or condemned by an order or decree of the court. Thefinal order for all cases in which the title to real estate is so affectedshall include an appropriate notification thereof to the clerk.
E. Except as provided in subsection A, the clerk of a circuit court may cause(i) any or all ended records, papers, or documents pertaining to civil andcriminal cases which have been ended for a period of three years or longer;(ii) any unexecuted search warrants and affidavits for unexecuted searchwarrants, provided at least three years have passed since issued; (iii) anyabstracts of judgments; and (iv) original wills, to be destroyed if suchrecords, papers, documents, or wills no longer have administrative, fiscal,historical, or legal value to warrant continued retention, provided suchrecords, papers, or documents have been microfilmed or converted to anelectronic format. Such microfilm and microphotographic processes andequipment shall meet state archival microfilm standards pursuant to §42.1-82, or such electronic format shall follow state electronic recordsguidelines, and such records, papers, or documents so converted shall beplaced in conveniently accessible files and provisions made for examining andusing same. The clerk shall further provide security negative copies of anysuch microfilmed materials for storage in The Library of Virginia.
(1981, c. 637, § 17-47.4; 1989, c. 445; 1990, c. 583; 1994, cc. 64, 822;1997, c. 561; 1998, c. 872; 2001, c. 836; 2002, c. 832; 2004, c. 433; 2005,c. 681; 2006, c. 60; 2008, c. 749.)
