Records of juvenile and domestic relations district court cases are maintained in the clerk's office. Annually, however, records are purged from the clerk's office if they have been retained for the period required by the Code of Virginia. Records must be retained for the following time periods:
Juvenile Records
| Case Type | Length of Retention |
|---|---|
| Custody/Visitation/Chins/Abuse & Neglect/Foster Care/Paternity/Judicial Bypass | Age 19 + 5 years from last hearing |
| Juvenile Misdemeanor Non-DMV Reportable | Age 19 + 5 years from last hearing |
| Traffic Infraction Not Guilty or Dismissed | Age 19 + 5 years from last hearing |
| Traffic Infraction Guilty Finding, Misdemeanor Delinquent Finding or Ancillary Offense - DMV Reportable Age 29 Felony – Non conviction. (includes cases that are transferred or certified to the circuit court) | Age 19 + 5 years from last hearing |
| Felony or Ancillary Offense –Delinquent Finding | Retain Indefinitely |
| Sexually Violent Offense | 50 years from last hearing date |
| Temporary Detention Order/Emergency Commitment Order/MC | Age 19 + 5 years from last |
Adult Records
| Case Type | Length of Retention |
|---|---|
| Support – Regardless of disposition | 10 yrs. from date order terminated by operation of law or was dismissed AND last child’s DOB at least 29 yrs. |
| Spousal Support | |
| Cases that involve spousal support | In the year which equals the Respondent’s date of birth + 75 years |
| Criminal Cases regardless of disposition including cases certified to the Grand Jury | 10 years from final disposition date |
| Sexually Violent Charges | 50 years |
| Assault and Battery Against a Family or Household Member Charges | 20 years |
| Adult Protective Order including Foreign Protective Orders | 10 years from last hearing |
| Protective Order Violation | 20 years from the sentencing date or when the sentence term ends, whichever comes later |
| Temporary Detention Order/Emergency Commitment Order | 10 years from last hearing |
The clerk's office can distribute copies of records if the person requesting copies is legally allowed to access the record. (This records request is different than a criminal record history check, which can be obtained from the Virginia State Police or a Freedom of Information Act Request). One of the following forms of identification must be provided to the clerk to confirm the requestor's identity:
- Valid U.S. driver's license
- DMV identification card
- Passport
- Military ID
- Original birth certificate
Attorneys must show a Virginia Bar Card. If a paralegal requests a document on behalf of an attorney, the paralegal must also provide photo identification and an attorney authorization letter, which should be sent by electronic mail to JDRDCRecords@fairfaxcounty.gov. Authorization letters will be kept on file for one (1) year.
Before receiving copies of records, a written request form must be submitted. Requests for an adult record can be sent to Court Records, 4110 Chain Bridge Rd, Suite 301, Fairfax, VA 22030. The request must:
- identify the document to be copied
- provide the case name or number
- provide the name, address and telephone number, and
- provide a copy of the requestor's photo identification.
All juvenile records must be requested and obtained in person with proof of photo identification.
The Clerk's office may not copy more than ten (10) pages of documents at the time. If more than ten (10) pages are requested, copies can take up to 72 hours to prepare and may be picked up or mailed. Each copy costs $1.00 for the first two pages and $.50 for each additional page. Payment is due at the time of service or when a request is made.
To file a Freedom of Information Act ("FOIA") request for information, please visit FOIA Requests | Juvenile and Domestic Relations District Court.