79480817.1-213Virginia Decodedhttps://vacode.org2016Courts Of RecordClerks, Clerks' Offices And RecordsOther Clerks And Clerks' OfficesDisposition of papers in ended cases1981, 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; 2011, cc. 445, 480; 2012, c. 802; 2015, c. 552; 2016, c. 180.Roe v. Com.050909628 S.E.2d 5262006-04-21https://www.courtlistener.com/opinion/1058822/roe-v-com/ . . . disposition in certain delinquency cases; Code § 17.1-213 that deals with disposition of papers in . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/17.1-213/42.1-77Definitions/42.1-77/42.1-82Duties and powers of Library Board/42.1-82/42.1-86Essential public records; security recovery copies; disaster plans/42.1-86/42.1-87Archival public records/42.1-87//17.1-213/17.1/2/2/17.1-21363.2-124564.2-455All case files for cases ended prior to January 1, 1913, shall be permanently maintained in hardcopy form, either in the locality served by the circuit court where such files originated or in The Library of Virginia in accordance with the provisions of § 42.1-86 and subsection C of § 42.1-87.sectionAA1The following records for cases ending on or after January 1, 1913, shall be retained for 10 years after conclusion:sectionBB1 Conditional sales contracts;sectionB1B12 Concealed weapons permit applications;sectionB2B22 Minister appointments;sectionB3B32 Petitions for appointment of trustee;sectionB4B42 Name changes;sectionB5B52 Nolle prosequi cases;sectionB6B62 Civil actions that are voluntarily dismissed, including nonsuits, cases that are dismissed as settled and agreed, cases that are dismissed with or without prejudice, cases that are discontinued or dismissed under § 8.01-335, and district court appeals dismissed under § 16.1-113 prior to 1988;sectionB7B72 Misdemeanor and traffic cases, except as provided in subdivision C 3, including those which were commenced on a felony charge but concluded as a misdemeanor;sectionB8B82 Suits to enforce a lien;sectionB9B92 Garnishments;sectionB10B102 Executions except for those covered in § 8.01-484;sectionB11B112 Miscellaneous oaths and qualifications, but only if the order or oath or qualification is spread in the appropriate order book; andsectionB12B122 Civil cases pertaining to declarations of habitual offender status and full restoration of driving privileges.sectionB13B132All other records or cases ending on or after January 1, 1913, shall be retained subject to the following:sectionCC1 All civil case files to which subsection D does not pertain shall be retained 20 years from the court order date.sectionC1C12 All criminal cases dismissed, including those not a true bill, acquittals, and not guilty verdicts, shall be retained 10 years from the court order date.sectionC2C22 Except as otherwise provided in this subdivision, criminal case files involving a felony conviction and all criminal case files involving a misdemeanor conviction under § 16.1-253.2, 18.2-57.2, or 18.2-60.4 shall be retained (i) 20 years from the sentencing date or (ii) until the sentence term ends, whichever comes later. Case files involving a conviction for a sexually violent offense as defined in § 37.2-900, a violent felony as defined in § 17.1-805, or an act of violence as defined in § 19.2-297.1 shall be retained (a) 50 years from the sentencing date or (b) until the sentence term ends, whichever comes later.sectionC3C32Under the provisions of subsections B and C, the entire file of any case deemed by the local clerk of court to have historical value, as defined in § 42.1-77, or genealogical or sensational significance shall be retained permanently as shall all cases in which the title to real estate is established, conveyed or condemned by an order or decree of the court. The final order for all cases in which the title to real estate is so affected shall include an appropriate notification thereof to the clerk.sectionDD1Except as provided in subsection A, the clerk of a circuit court may cause (i) any or all papers or documents pertaining to civil and criminal cases; (ii) any unexecuted search warrants and affidavits for unexecuted search warrants, provided at least three years have passed since issued; (iii) any abstracts of judgments; and (iv) original wills, to be destroyed if such records, papers, documents, or wills no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using same. The clerk shall further provide security negative copies of any such microfilmed materials for storage in The Library of Virginia.sectionEE1