{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/42.1-88.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/42.1-88.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/42.1-88.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/42.1-88.html"}],"law_id":363637,"edition_id":2,"section_id":363637,"structure_id":51886,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","history":"1976, c. 746; 1994, c. 64; 1998, c. 427.","full_text":"Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or neglect for a period of ten days after a request is made in writing by the successor or Librarian of Virginia to deliver the public records as herein required shall be guilty of a Class 3 misdemeanor.\n\n","order_by":null,"text":{"0":{"id":1354854,"text":"Any custodian of any public records shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or neglect for a period of ten days after a request is made in writing by the successor or Librarian of Virginia to deliver the public records as herein required shall be guilty of a Class 3 misdemeanor.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51886,"edition_id":2,"name":"Virginia Public Records Act","identifier":"7","label":"chapter","depth":2,"order_by":7,"parent_id":51873,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 02:50:39","date_modified":"2026-08-02 12:33:27","permalink":{"id":1448155,"object_type":"structure","relational_id":51886,"identifier":"7","token":"42.1\/7","url":"\/42.1\/7\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51873,"edition_id":2,"name":"Libraries","identifier":"42.1","label":"title","depth":1,"order_by":93,"parent_id":null,"metadata":{"child_laws":105,"child_structures":14},"date_created":"2026-08-02 02:50:30","date_modified":"2026-08-02 12:33:26","permalink":{"id":1447817,"object_type":"structure","relational_id":51873,"identifier":"42.1","token":"42.1","url":"\/42.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363622,"structure_id":51886,"section_number":"42.1-76","catch_line":"Legislative intent; title of chapter","url":"\/42.1-76\/","token":"42.1\/7\/42.1-76","metadata":false},{"id":363621,"structure_id":51886,"section_number":"42.1-76.1","catch_line":"Notice of Chapter","url":"\/42.1-76.1\/","token":"42.1\/7\/42.1-76.1","metadata":{"court_decisions":""}},{"id":363623,"structure_id":51886,"section_number":"42.1-77","catch_line":"Definitions","url":"\/42.1-77\/","token":"42.1\/7\/42.1-77","metadata":false},{"id":363624,"structure_id":51886,"section_number":"42.1-78","catch_line":"Confidentiality safeguarded","url":"\/42.1-78\/","token":"42.1\/7\/42.1-78","metadata":false},{"id":363626,"structure_id":51886,"section_number":"42.1-79","catch_line":"Records management function vested in The Library of Virginia","url":"\/42.1-79\/","token":"42.1\/7\/42.1-79","metadata":false},{"id":363625,"structure_id":51886,"section_number":"42.1-79.1","catch_line":"Repealed","url":"\/42.1-79.1\/","token":"42.1\/7\/42.1-79.1","metadata":false},{"id":363628,"structure_id":51886,"section_number":"42.1-80","catch_line":"Repealed","url":"\/42.1-80\/","token":"42.1\/7\/42.1-80","metadata":false},{"id":363629,"structure_id":51886,"section_number":"42.1-82","catch_line":"Duties and powers of Library Board","url":"\/42.1-82\/","token":"42.1\/7\/42.1-82","metadata":false},{"id":363630,"structure_id":51886,"section_number":"42.1-83","catch_line":"Repealed","url":"\/42.1-83\/","token":"42.1\/7\/42.1-83","metadata":false},{"id":363631,"structure_id":51886,"section_number":"42.1-84","catch_line":"Repealed","url":"\/42.1-84\/","token":"42.1\/7\/42.1-84","metadata":false},{"id":363632,"structure_id":51886,"section_number":"42.1-85","catch_line":"Records Management Program; agencies to cooperate; agencies to designate records officer","url":"\/42.1-85\/","token":"42.1\/7\/42.1-85","metadata":false},{"id":363635,"structure_id":51886,"section_number":"42.1-86","catch_line":"Essential public records; security recovery copies; disaster plans","url":"\/42.1-86\/","token":"42.1\/7\/42.1-86","metadata":false},{"id":363633,"structure_id":51886,"section_number":"42.1-86.01","catch_line":"Records may be retained in electronic medium","url":"\/42.1-86.01\/","token":"42.1\/7\/42.1-86.01","metadata":false},{"id":363634,"structure_id":51886,"section_number":"42.1-86.1","catch_line":"Disposition of public records","url":"\/42.1-86.1\/","token":"42.1\/7\/42.1-86.1","metadata":false},{"id":363636,"structure_id":51886,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},{"id":363637,"structure_id":51886,"section_number":"42.1-88","catch_line":"Custodians to deliver all records at expiration of term; penalty for noncompliance","url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","metadata":false},{"id":363638,"structure_id":51886,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},{"id":363641,"structure_id":51886,"section_number":"42.1-90","catch_line":"Seizure of public records not in authorized possession","url":"\/42.1-90\/","token":"42.1\/7\/42.1-90","metadata":false},{"id":363640,"structure_id":51886,"section_number":"42.1-90.1","catch_line":"Auditing","url":"\/42.1-90.1\/","token":"42.1\/7\/42.1-90.1","metadata":false},{"id":363643,"structure_id":51886,"section_number":"42.1-91","catch_line":"Repealed","url":"\/42.1-91\/","token":"42.1\/7\/42.1-91","metadata":false},{"id":363642,"structure_id":51886,"section_number":"42.1-91.1","catch_line":"Availability of public records created prior to January 1, 1901","url":"\/42.1-91.1\/","token":"42.1\/7\/42.1-91.1","metadata":false}],"previous_section":{"id":363636,"structure_id":51886,"section_number":"42.1-87","catch_line":"Archival public records","url":"\/42.1-87\/","token":"42.1\/7\/42.1-87","metadata":false},"next_section":{"id":363638,"structure_id":51886,"section_number":"42.1-89","catch_line":"Petition and court order for return of public records not in authorized possession","url":"\/42.1-89\/","token":"42.1\/7\/42.1-89","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/42.1-88\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 746 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 64<\/a>; in 1998, chapter 427<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1448217,"object_type":"law","relational_id":363637,"identifier":"42.1-88","token":"42.1\/7\/42.1-88","url":"\/42.1-88\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/42.1-88\/","token":"42.1\/7\/42.1-88","dublin_core":{"Title":"Custodians to deliver all records at expiration of term; penalty for noncompliance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 42.1-88","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any custodian<\/span> of any public records<\/span> shall, at the expiration of his term of office, appointment or employment, deliver to his successor, or, if there be none, to The Library of Virginia, all books, writings, letters, documents, public records<\/span>, or other information, recorded on any medium kept or received by him in the transaction of his official business; and any such person who shall refuse or neglect for a period of ten days after a request is made in writing by the successor or Librarian of Virginia<\/span> to deliver the public records<\/span> as herein required shall be guilty of a Class 3 misdemeanor<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCUSTODIANS TO DELIVER ALL RECORDS AT EXPIRATION OF TERM; PENALTY FOR\nNONCOMPLIANCE (\u00a7 42.1-88)\n\nAny custodian of any public records shall, at the expiration of his term of\noffice, appointment or employment, deliver to his successor, or, if there be\nnone, to The Library of Virginia, all books, writings, letters, documents,\npublic records, or other information, recorded on any medium kept or received by\nhim in the transaction of his official business; and any such person who shall\nrefuse or neglect for a period of ten days after a request is made in writing by\nthe successor or Librarian of Virginia to deliver the public records as herein\nrequired shall be guilty of a Class 3 misdemeanor.\n\nHISTORY: 1976, c. 746; 1994, c. 64; 1998, c. 427.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}