Fairfax County Court Records

In Fairfax County, "court records" are official documents regarding civil, criminal, or traffic proceedings, including appeals from a district court, maintained by a clerk (Va. Code § 17.1-292). These records encompass various documentation, such as exhibits, motions, judgments, dockets, writs, and interrogatories. Their importance lies in upholding the judicial system's transparency and accountability. As permanent accounts of legal proceedings, the records also serve various personal, financial, and legal purposes, including appeals, background checks, and expungements.

Although maintained exclusively by the judicial system, court records are closely connected to other publicly accessible documents that can offer context about events preceding or following a case.

For example, arrest records can clarify the circumstances of a criminal suspect's apprehension and initial charges. In contrast, jail/prison records can show custody status, incarceration lengths, and release dates post-conviction. Meanwhile, other accessible records can be used to support arguments in legal cases. For instance, vital records (marriage, birth, death, or divorce certificates) may be used to prove inheritance claims in probate cases or support custody rights in family law proceedings.

Are Fairfax County Court Records Public?

Yes. Fairfax County court records are open to the public under Titles 16.1 and 17.1 of the Virginia Code, subject to exemptions or restrictions imposed by law, court rule, or court order. This means that, unless a specific statute or judicial directive prohibits access, any individual can inspect or copy court records created, collated, or maintained in Fairfax County. Exempt records include documents subject to attorney-client privilege, adoption files, affidavits of unexecuted search warrants, sealed/expunged records, mental health proceedings, and identifying information of protected witnesses and victims.

What Information is Available in Fairfax County Court Records?

The contents of Fairfax County court records vary based on the case type, but they often include the following:

• Party information: Names of the plaintiff, defendant, and attorneys of record.
• Case information: Type of action, case number, filing date, assigned judge/magistrate, and hearing schedules.
• Filed documents: Proof of service, pleadings (complaints, answers, bills of particulars, counterclaims), warrants, orders, summonses, verdicts/judgments, affidavits, subpoenas, declarations, documents received in evidence, bonds, indictments, etc.

Fairfax County Court Records Search

Fairfax County has three distinct courts that oversee legal proceedings within its jurisdiction: the Fairfax Circuit Court (19th Judicial Circuit), the Fairfax Juvenile and Domestic Relations District Court (JDRDC), and the Fairfax County General District Court.

The Circuit Court functions as a trial court of general jurisdiction, covering a broad range of criminal and civil cases, including both jury and nonjury cases. In contrast, the District Court, which does not hold jury trials, addresses particular cases, such as misdemeanors, traffic violation cases, and civil matters like landlord and tenant disputes, personal injury actions, and contract disagreements. Finally, the JDRDC's authority is limited to cases involving juveniles, offenses against juveniles, and family matters (excluding divorce) in Fairfax County, the City of Fairfax, and the towns of Clifton, Herndon, and Vienna. (The Virginia Court System overviews specific court jurisdictions on its official website.)

Case records from the Fairfax County courts are retrievable as follows:

• Online Access: The Virginia Judicial System's Case Status and Information site has multiple case search tools for researching Fairfax County cases (Note: records from the Fairfax Circuit Court are not available). The Fairfax Circuit Court maintains these online case lookup systems:
• eCaseSearch: Public access to circuit criminal and civil case index information (actions, criminal charge, and hearing summaries) from October 18, 2004. Case documents are not available on this platform. Searches require a party name or case number.
• Court Public Access Network (CPAN): A subscriber-based internet service for accessing official documents and information from the Fairfax Circuit Court. Records date back to 1742.
• Circuit Court Dockets: Online access to the Fairfax Circuit Court's daily dockets, featuring information like the case party's name, case number, courtroom, hearing date/time, and hearing type.
• High-Profile Cases: Faster electronic access to a list of documents filed in the county's most prominent cases.

Note: Records from the JDRDC are not typically disseminated online. Requesters are directed to visit the courthouse or contact the clerk's office for case access guidelines.

• In-Person Access: In-person access to Fairfax County court records can be sought by visiting the courthouse where a case was filed (seeaddresses below). Visitors can request copies or inspect documents at the court clerk's office.
• Mail and Phone Requests: The Fairfax County courts generally reserve telephone calls (and sometimes, email requests) for inquiries about the records access process, including document availability and fees.

To submit a mail request for case document copies or information, parties usually need to enclose a request letter with record-specific details, a self-addressed stamped envelope, and payment via certified check or money order for the appropriate fee amount. More information about mail request procedures can typically be obtained from the relevant clerk's office.

Fees for Court Records in Fairfax County

Inspecting a court record online or in person is typically free in Fairfax County. However, fees apply when reproducing documents per Va. Code §§ 16.1-69.48:2 and 17.1-275.

It costs 50 cents to obtain a plain or uncertified copy, but fees for certified copies can vary by court and document type. For instance, the Fairfax County Circuit Court charges $2 per document for a certified court record. Other Fairfax Circuit Court costs are listed on the court's Fees page. For applicable fees in other local courts, the interested party can reach out to the court clerk's office.

Typically, fees charged to obtain court records are payable by cash, credit card, check, or money order.

Fairfax County Courthouse Locations

Fairfax County's circuit and district courthouses are located at the following places:

Circuit Court

Juvenile and Domestic Relations District Court

General District Court

Criminal Records Access in Fairfax County

Criminal history checks at the state level are handled by the Virginia State Police (VSP) per Va. Code §19.2-389. Such checks incorporate criminal information from the Fairfax County courts, law enforcement departments, and correctional facilities. The VSP's Virginia Criminal History Record Check website outlines access guidelines and fees.

Nonetheless, criminal records access is also available through the Fairfax County courts. Criminal case information can be obtained online via official criminal case search systems (listed earlier) or by submitting a records request to the presiding court (i.e., where the case was heard). Access procedures vary by court.

For instance, at the Fairfax County Courthouse, the circuit court's criminal files can be reviewed at the Criminal Division File Room. Copies are released for 50 cents per page, with an additional $2 for a certification. To schedule a viewing session with the circuit court, individuals can submit a File Request Review Form online. Note: To inspect a juvenile file, the requester will need to present their ID and be one of the following:

• Guardian
• Guardian ad litem
• Defendant
• Attorney of record, or
• Commonwealth attorney

Further details regarding the inspection of the Fairfax Circuit Court's criminal records are available on the Criminal Case Information page.

Fairfax County Probate Records

The probate court in Fairfax County is the Circuit Court. This court hears and resolves cases pertaining to estate administration, disputes concerning wills, trusts, and conservatorships/guardianships for incapacitated minors/adults. Individuals who wish to inspect or copy a probate record can contact the Probate Department at (703) 246-4153. For earlier records (1742 to the early 1900s), one can query the Historic Records Center

Access to confidential probate proceedings is restricted. Only parties involved in the case or those with a court order are permitted access.

Fairfax County Family Court Records

Family court records originate from family law cases, such as custody, support, adoption, and divorce proceedings. The Fairfax Circuit Court and Juvenile & Domestic Relations District Court handle these cases. The Circuit Court's cases include divorce proceedings and appeals from the Juvenile & Domestic Relations District Court, while the JDRDC handles custody, support, visitation, neglect, family abuse, and more.

To view these records, individuals can utilize the Fairfax Circuit Court's online case lookup systems (for circuit cases) or visit/contact the court where a case was filed to request inspection or copies. However, it should be noted that several family cases are sealed from public access due to privacy or confidentiality reasons.

Federal Court Records in Fairfax County

Federal cases from Fairfax County are heard by the Alexandria Divisions of the United States District Court and the United States Bankruptcy Court, both part of the Eastern District of Virginia. Records from these cases are accessible through PACER for a fee and at free public terminals located in the clerk's office of the court where the case was filed.

Additionally, 24/7 telephone access is available at no cost via the Multi-court Voice Case Information System (McVCIS), and older case files can be ordered through the National Archives and Records Administration.