Fauquier County Public Records

What Are Public Records in Fauquier County?

Public records in Fauquier County are defined according to the Virginia Freedom of Information Act (FOIA) § 2.2-3701, which states that public records include "all writings and recordings... prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction of public business." These records document government activities and are generally accessible to the public with certain exceptions.

Fauquier County maintains numerous types of public records, including:

• Court Records: Civil, criminal, traffic, probate, and family court cases maintained by the Fauquier Circuit Court
• Property Records: Deeds, mortgages, liens, easements, plats, and property assessments
• Vital Records: Birth certificates (limited access), death certificates, marriage licenses, and divorce decrees
• Business Records: Business licenses, permits, fictitious name registrations
• Tax Records: Property tax information, assessment records, and tax maps
• Voting and Election Records: Voter registration data (non-confidential portions) and election results
• Meeting Minutes and Agendas: Records from the Board of Supervisors, Planning Commission, and other county boards
• Budget and Financial Documents: County budgets, expenditure reports, and financial statements
• Law Enforcement Records: Arrest logs, incident reports (with legally required redactions)
• Land Use and Zoning Records: Zoning maps, land use applications, and building permits

The Fauquier County Circuit Court Clerk's Office maintains court records, deeds, marriage licenses, and other legal documents. Property and tax records are maintained by the Commissioner of Revenue and Treasurer's Office. Vital records are primarily maintained by the Virginia Department of Health, though certain records may be available through the Circuit Court.

Is Fauquier County an Open Records County?

Fauquier County adheres to the Virginia Freedom of Information Act (FOIA) § 2.2-3700 et seq., which establishes the presumption that all government records are open to public inspection unless specifically exempted by law. The Act states that its provisions "shall be liberally construed to promote an increased awareness by all persons of governmental activities and afford every opportunity to citizens to witness the operations of government."

Under § 2.2-3704 of the Virginia FOIA, public bodies must respond to records requests within five working days, either by providing the records, denying the request with specific legal justification, or requesting additional time if needed.

Fauquier County has established procedures for handling FOIA requests in compliance with state law. The county maintains a FOIA Request Portal where citizens can submit requests electronically. Each county department has a designated FOIA officer responsible for responding to requests for records maintained by that department.

The county also complies with Virginia's open meetings laws, which require that meetings of public bodies be open to the public, with limited exceptions for closed sessions as permitted by § 2.2-3711 of the Virginia Code.

How to Find Public Records in Fauquier County in 2026

Members of the public seeking records in Fauquier County may utilize several methods to access information:

1. Online Access: Many records are available through the county's online portals:

   • Court records can be searched through the Virginia Judiciary Online Case Information System
   • Property records and tax information are accessible via the Fauquier County Tax Assessment Database
   • Board of Supervisors meeting minutes and agendas are available on the County's website

2. In-Person Requests: Citizens may visit the appropriate county office during regular business hours:

   • For court records, deeds, and marriage licenses, visit the Circuit Court Clerk's Office
   • For property tax records, visit the Commissioner of Revenue
   • For building permits and zoning information, visit the Community Development Department

3. Written Requests: Submit a FOIA request through:

   • The county's online FOIA portal
   • Email to the appropriate department
   • Mail to the specific department or the County Attorney's Office

4. Telephone Inquiries: Call the relevant department to determine record availability and request procedures

For court records specifically, the public may access the Fauquier Circuit Court record room during regular business hours. Some historical records may require assistance from court staff to locate.

When submitting a FOIA request, individuals should:

• Describe the requested records with reasonable specificity
• Provide contact information for follow-up questions
• Indicate preferred format (electronic or paper copies)
• Note any time constraints for the request

The county must respond within five working days as required by § 2.2-3704 of the Virginia FOIA, either by providing the records, denying the request with specific legal justification, or requesting additional time if needed.

How Much Does It Cost to Get Public Records in Fauquier County?

Pursuant to § 2.2-3704(F) of the Virginia Freedom of Information Act, Fauquier County may charge reasonable fees to cover the actual cost of accessing, duplicating, supplying, or searching for requested records. Current standard fees include:

• Photocopies: $0.25 per page for standard black and white copies
• Color Copies: $0.50 per page
• Large Format Documents (maps, plats): $5.00 - $25.00 depending on size
• Digital Records: No charge when provided via email; $5.00 for CD/DVD media
• Staff Research Time: $25.00 per hour after the first 30 minutes (which are free)

Specific departments may have statutorily authorized fee schedules:

• Circuit Court Clerk's Office:

  • Certified copies of court records: $2.50 per document
  • Marriage licenses: $30.00
  • Deed recordings: $27.00 for the first page plus $3.00 for each additional page
  • Judgment recordings: $10.00

• Commissioner of Revenue:

  • Tax maps: $5.00 per page
  • Assessment information: First copy free, $0.25 per page thereafter

Accepted payment methods include cash, check, money order, and credit cards (in most offices). Some online services may require credit card payment.

If the total estimated cost exceeds $200, the county may require an advance deposit before processing the request. Under § 2.2-3704(H), the county may waive fees if doing so is in the public interest.

Does Fauquier County Have Free Public Records?

Fauquier County provides several options for accessing public records at no cost:

• In-Person Inspection: Pursuant to § 2.2-3704(F) of the Virginia FOIA, citizens have the right to inspect records at no charge during normal business hours. This includes viewing:

  • Court records at the Circuit Court Clerk's Office
  • Property records at the Commissioner of Revenue
  • Meeting minutes at the County Administration Building
  • Building permits and plans at the Community Development Department

• Free Online Resources:

  • Fauquier County Board of Supervisors meeting agendas and minutes
  • County budget documents
  • County ordinances and codes
  • Election results
  • Basic property information through the Tax Assessment Database

• Limited Free Copies:

  • The first 30 minutes of staff search time is provided at no cost
  • Some departments provide the first few pages of copies free of charge
  • Electronic records sent via email typically do not incur a fee (excluding staff time)

The Virginia Judiciary Case Information System provides free access to basic case information, though detailed documents may require in-person inspection or paid copies.

Citizens may also access public computers at the Fauquier County Public Library to view online county records at no charge.

Who Can Request Public Records in Fauquier County?

Under § 2.2-3704(A) of the Virginia Freedom of Information Act, "all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth." In 2013, the law was amended to extend access rights to any "person who is a resident of the Commonwealth."

For Fauquier County public records:

• Residency Requirements: Requestors must be Virginia residents, though certain records (such as court records) may be available to non-residents under other statutes

• Identification: While basic identification may be requested to verify Virginia residency, requestors are generally not required to:

  • Provide a reason or purpose for their request
  • Disclose their identity beyond residency verification
  • State how they intend to use the records

• Special Considerations for Specific Records:

  • Vital Records: Birth and death certificates have stricter access requirements under § 32.1-271 of the Virginia Code, typically limiting access to the person named in the record, immediate family members, or legal representatives
  • Criminal History Records: Complete criminal histories are restricted to authorized agencies and individuals under § 19.2-389
  • Voter Registration Records: Access is limited to certain information and purposes under § 24.2-444

• Business Entities: Corporations, partnerships, and other business entities registered in Virginia may request records through authorized representatives

• Attorneys and Legal Representatives: May request records on behalf of clients who are Virginia residents

For records requests concerning an individual's own personal information, identification may be required to verify identity and prevent unauthorized disclosure of protected information.

What Records Are Confidential in Fauquier County?

While Virginia law presumes public access to government records, § 2.2-3705.1 through § 2.2-3705.7 of the Virginia Freedom of Information Act establishes numerous exemptions. Records that are generally confidential in Fauquier County include:

• Personal Information:

  • Social Security numbers, driver's license numbers, and financial account information
  • Personnel records, including performance evaluations and salary information (with limited exceptions)
  • Medical and health records protected under HIPAA and state law
  • Scholastic records containing personally identifiable student information (protected by FERPA)

• Law Enforcement Records:

  • Active criminal investigation records
  • Criminal investigative files related to ongoing prosecutions
  • Tactical plans and security procedures
  • Confidential informant information
  • Juvenile arrest and court records (with limited exceptions)

• Court Records:

  • Sealed court records pursuant to court order
  • Adoption records
  • Mental health commitment proceedings
  • Certain family court matters involving minors

• Business and Economic Development:

  • Trade secrets and proprietary business information
  • Confidential economic development negotiations
  • Certain procurement documents during active bidding

• Infrastructure and Security:

  • Critical infrastructure information
  • Security plans for public buildings
  • Emergency response protocols
  • Information technology security information

• Deliberative Process:

  • Working papers and correspondence of certain officials
  • Attorney-client privileged communications
  • Attorney work product prepared for litigation

Under § 2.2-3704.01, public bodies must identify with specificity the volume and subject matter of records being withheld and cite the applicable statutory exemption. The law also provides for partial redaction of exempt information while releasing the remainder of a record when possible.

In cases where exemptions are discretionary rather than mandatory, Fauquier County officials must apply a public interest balancing test to determine if the harm from disclosure outweighs the public interest in access.

Fauquier County Recorder's Office: Contact Information and Hours

Fauquier County Circuit Court Clerk's Office
40 Culpeper Street
Warrenton, VA 20186
(540) 422-8100
Fauquier Circuit Court

Hours of Operation:
Monday through Friday: 8:00 AM - 4:30 PM
Record Room Hours: 8:00 AM - 4:30 PM
Closed on State and Federal Holidays

Services Provided:

• Recording of deeds, mortgages, liens, and other land records
• Marriage licenses
• Probate and estate administration
• Civil and criminal court records
• Notary commissions
• Concealed handgun permits
• Historic records preservation

Additional County Offices for Public Records:

Fauquier County Commissioner of Revenue
10 Hotel Street, Suite 115
Warrenton, VA 20186
(540) 422-8160
Commissioner of Revenue

Fauquier County Treasurer's Office
10 Hotel Street, Suite 110
Warrenton, VA 20186
(540) 422-8150
Treasurer's Office

Fauquier County Community Development
29 Ashby Street, Suite 310
Warrenton, VA 20186
(540) 422-8200
Community Development

Lookup Public Records in Fauquier County

Fauquier Circuit Court Records

Fauquier County Tax Assessment Records