Click here to read the full text of the Virginia Freedom of Information Act.
Your Rights
The Virginia Freedom of Information Act, Virginia Code Section 2.2-3700 et seq, guarantees residents of the Commonwealth and representatives of the media access to public records held by public bodies, public officials, and public employees.
Our office is able to provide records, including but not limited to the following, pursuant to FOIA:
- Information relative to the identity of persons arrested or charged and the status of such arrest or charge(s)
- Criminal investigative files relating to investigations or proceedings that are not ongoing and not containing records that are in the custody of another agency.
Please note that the material contained in police investigative reports and bodycam videos are in the custody of the Norfolk Police Department.
You may learn how to open a FOIA request with the City of Norfolk (e.g. to request information held by the Norfolk Police Department or City Attorney's Office) by clicking here.
How may I best submit a FOIA request to the Norfolk Commonwealth's Attorney's Office?
- In person with one of our FOIA officers.
- Over the phone with one of our FOIA officers. Call reception at 757-664-4444 for more information.
- Via fax at 757-664-4445.
- Via email to our office (click here) or to one of our FOIA officers.
- Via U.S. mail to our office at 800 E. City Hall Ave. Suite 600, Norfolk, VA 23510.
Our Responsibilities
We must respond to a FOIA request within five working days (Monday through Friday, excluding holidays) of receiving it with one of the following types of responses:
- The disclosure of all records being requested in their entirety.
- A notification that all records are being withheld. If all of the records are being withheld, we must send the requestor a response in writing, identifying the volume and subject matter of the records being withheld, and state the specific section of the Code of Virginia that allows us to withhold the records.
- The disclosure of some records with the remainder withheld. We cannot withhold an entire record if only a portion of it is subject to an exemption. In that instance, we may redact the portion of the record that may be withheld, and must provide the remainder of the record. We must provide the requestor with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
- A notification that the records cannot be found, do not/no longer exist or are with another custodian. In that instance, we must inform the requestor in writing that the requested records cannot be found or do not exist, or provide the contact information of the proper custodian of the requested records.
- A notification that we have insufficient time to respond within five working days. In instances where it is practically impossible for us to respond to a request within the five-day period, we must state this in writing, explaining the conditions that make the response impossible. This will allow us seven additional working days to respond to a request, giving us a total of 12 working days to respond to a request. If criminal investigative files are being requested, we may ask for an additional 60 working days to fulfill the request.
Virginia FOIA allows any public body to withhold or redact certain records from public disclosure. We commonly withhold or redact records subject to the following exemptions:
- Personnel records
- Records subject to attorney-client privilege
- Records from ongoing criminal investigative files
- Legal memoranda and other work product compiled specifically for use in litigation
- Reports submitted in confidence to us as a law enforcement agency
- Records pertaining to neighborhood watch programs
- Records of persons imprisoned in penal institutions in the Commonwealth or any victim, witness, undercover officer, or investigative techniques/procedures
Although the list above includes the most commonly used exemptions, we reserve the right to use any exemption provided under Virginia FOIA. We also will withhold or redact records for which release is prohibited by any applicable provision of federal or other state law, including, but not limited to: certain tax records, records that identify a victim of sexual assault or other crime, records that identify juveniles, confidential juror information, and an individual’s private, criminal and medical records where disclosure is not required by law.
Costs
A public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary, or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. All charges for the supplying of requested records shall be estimated in advance at the request of the citizen as set forth in subsection F of § 2.2-3704 of the Code of Virginia.
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Freedom of Information Act - norfolk.gov
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