A. The provisions of § 17.1-293 shall apply to clerks of the courts of record as defined in § 1-212 and courts not of record as defined in § 16.1-69.5.
B. As used in this article:
"Confidential court records" means court records maintained by a clerk of a court of record, as defined in § 1-212, or a court not of record, as defined in § 16.1-69.5, and recognized as confidential under any applicable law or sealed pursuant to court order.
"Court records" means any record maintained by the clerk in a civil, traffic, or criminal proceeding in the court, and any appeal from a district court.
"Internet" means the international computer network of interoperable packet-switched data networks.
"Land records" means any writing authorized by law to be recorded on paper or in electronic format that the clerk records affecting title to real property, including but not limited to instruments, orders, or any other writings recorded under this title, Article 5 (§ 8.01-446 et seq.) of Chapter 17 of Title 8.01, Title 8.9A and Chapter 6 (§ 55.1-600 et seq.) of Title 55.1.
"Nonconfidential court records" means all court records except those court records that are confidential court records.
2007, cc. 548, 626; 2013, c. 77; 2018, cc. 127, 584.
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2010–2025 · leading case:
Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).
Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).
· cites it 2× “Code § 17.1-292(B). OSTERGREN v. CUCCINELLI 5 improving access to public records through information tech- nology.”
Daily Press v. Commonwealth, 878 S.E.2d 390 (Va. 2022).
· cites it 4× “1-208(A) (incorporating the definition of “court records” from Code § 17.1-292, which includes “any record maintained by the clerk in a civil, traffic, or criminal proceeding in the court, and any appeal from a district court”).”
Justin P. Wilson, Jr. v. Paul F. Ferguson, No. 0321244 (Va. Ct. App. June 24, 2025).
· cites it 4× “These records are divided into two categories: confidential and nonconfidential. Id. Confidential records include, in relevant part, “court records maintained by a clerk of a court of record .”
Ostergren v. Cuccinelli, No. 09-1723 (4th Cir. Aug. 2, 2010).
“Code § 17.1-292(B). OSTERGREN v. CUCCINELLI 5 improving access to public records through information tech- nology.”
Va. Code Ann. § 17.1-292(A): 1 case
Justin P. Wilson, Jr. v. Paul F. Ferguson, No. 0321244 (Va. Ct. App. June 24, 2025).
“These records are divided into two categories: confidential and nonconfidential. Id. Confidential records include, in relevant part, “court records maintained by a clerk of a court of record .”
Va. Code Ann. § 17.1-292(B): 3 cases
Ostergren v. Cuccinelli, 615 F.3d 263 (4th Cir. 2010).
“Code § 17.1-292(B). OSTERGREN v. CUCCINELLI 5 improving access to public records through information tech- nology.”
Justin P. Wilson, Jr. v. Paul F. Ferguson, No. 0321244 (Va. Ct. App. June 24, 2025).
“These records are divided into two categories: confidential and nonconfidential. Id. Confidential records include, in relevant part, “court records maintained by a clerk of a court of record .”
Ostergren v. Cuccinelli, No. 09-1723 (4th Cir. Aug. 2, 2010).
“Code § 17.1-292(B). OSTERGREN v. CUCCINELLI 5 improving access to public records through information tech- nology.”
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