FOIA FAQ's
FOIA Request Requirements
FOIA requests, per §2.2-3704.1 (A) (1) of the Code of Virginia, 1950, as amended, must:
- Clearly identify the records you are seeking.
- Provide your name, legal address, and contact information. You do not have to give a reason for your request.
- Provide reasonable specificity.
- Be submitted in plain English (written or spoken in nontechnical terms, using common understandable language).
- Your request must ask for existing records or documents. FOIA does not require Stafford County to create a record that does not exist.
- FOIA gives you a right to inspect or copy records; however, fees may apply for copies produced.
- FOIA does not apply to general questions regarding the nature of Stafford County’s daily work, such as, "Where is the Citizen Services Building located?" "When does the Recreation Department’s soccer registration begin?"
- You may choose to receive electronic records used or held by Stafford County in the regular course of business. Any electronic records requested will be delivered in PDF format via email, compact disc, or on a provided flash drive.
- We will contact you if we have questions about your request or if we need further clarification.
Responses to FOIA Requests
FOIA law requires that we make one of the following responses to your request within the five-day time period:
- We provide you with the records in their entirety.
- We withhold all of the records that you have requested because they are subject to a specific statutory exemption. If all of the records are being withheld, we must send you a response in writing. That writing must identify 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.
- We provide some of the records that you have requested, but withhold other records. 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 and provide you with the remainder of the record. We must provide you with a written response stating the specific section of the Code of Virginia that allows portions of the requested records to be withheld.
- We inform you in writing that the requested records cannot be found or do not exist. However, if we know that another public agency has the requested records, we must include their contact information in our response to you.
Commonly Used Exemptions
The Code of Virginia allows any public body to withhold certain records from public disclosure. These exemptions may be found in Title 2.2, Chapter 37. The following are a few common exemptions:
- Personnel records (§ 2.2-3705.1 (1) of the Code of Virginia)
- Vendor proprietary information (§ 2.2-3705.1 (6))
- Records relating to the negotiation and award of a contract, prior to a contract being awarded (§ 2.2-3705.1 (12))
- Criminal Investigative files that are on-going (§2.2-3706.1 (C)
Criminal Records
Arrest records obtained from the Stafford County Sheriff’s Office reflect only those records on file with this department’s records division within the reasonably contemporaneous timeframe of the last ninety days.
- The Supreme Court of Virginia maintains arrest information to include final dispositions.
- For a record of traffic violations, please contact the Virginia Department of Motor Vehicles.
- For a more comprehensive police/criminal background check we recommend contacting the Virginia Department of State Police, Central Criminal Records Exchange, P.O. Box 27472, Richmond, VA 23261.
- Requests for Criminal Record Checks will be completed only for an individual requesting the information regarding themselves. Businesses may not request checks for a prospective employee, nor will juvenile records be disseminated.
Q: What if I no longer need the requested document?
A: If you no longer need your requested documents and would like to close the request, simply log into your next request account and send a message stating you would like to close the request.
Q: Do I have to give a reason for my request?
A: No, you are not obligated to state why you are requesting the records.
Q: How do I access my request once I have submitted it?
A: Once your request is submitted, Next Request will send a message to the email you provided indicating your request has been received. To access your request you can follow the link provided in the email and login to your request or login through the Next Request main page at https://virginiatech.nextrequest.com and select your request from the list.
Arrest Records
Arrest records obtained from the Stafford County Sheriff’s Office reflect only those records on file with this department’s records division within the reasonably contemporaneous timeframe of the last ninety days. The Supreme Court of Virginia http://www.courts.state.va.us maintains arrest information to include final dispositions for all courts, with exception of the juvenile and domestic relations court, as well as traffic violations. For a full driver’s transcript, please contact the Virginia Department of Motor Vehicles www.dmv.state.va.us. For a more comprehensive background check we recommend contacting the Virginia Department of State Police, Central Criminal Records Exchange, P.O. Box 27472, Richmond, VA 23261 or you may visit them online at http://www.vsp.state.va.us.