42.1-86.1 - Disposition of public records. - Virginia Statutes

§ 42.1-86.1. Disposition of public records.

A. No agency shall sell or give away public records. No agency shall destroyor discard a public record unless (i) the record appears on a recordsretention and disposition schedule approved pursuant to § 42.1-82 and therecord's retention period has expired; (ii) a certificate of recordsdestruction, as designated by the Librarian of Virginia, has been properlycompleted and approved by the agency's designated records officer; and (iii)there is no litigation, audit, investigation, request for records pursuant tothe Virginia Freedom of Information Act (§ 2.2-3700 et seq.), orrenegotiation of the relevant records retention and disposition schedulepending at the expiration of the retention period for the applicable recordsseries. After a record is destroyed or discarded, the agency shall forwardthe original certificate of records destruction to The Library of Virginia.

B. No agency shall destroy any public record created before 1912 withoutfirst offering it to The Library of Virginia.

C. Each agency shall ensure that records created after July 1, 2006 andauthorized to be destroyed or discarded in accordance with subsection A, aredestroyed or discarded in a timely manner in accordance with the provisionsof this chapter; provided, however, such records that contain identifyinginformation as defined in clauses (iii) through (ix), or clause (xii) ofsubsection C of § 18.2-186.3, shall be destroyed within six months of theexpiration of the records retention period.

(1990, c. 778; 1998, c. 427; 2005, c. 787; 2006, cc. 60, 909.)