Administrative Information

Access Restrictions

The records must be reviewed by staff for privacy protected information before serving. Extradition requisition and rendition letters from the Governor(s) may be served, however records including privacy protected information such as social security numbers may not. Privacy protected and confidential information is restricted from public access for 75 years per code of Virginia 42.1-78 , 2.2-3800 and 2.2-3705.1-8 . Restricted records were not removed from the collection. Types of information and records may include, but are not limited to: social security numbers, Department of Corrections inmate material, fingerprint files, mediation and settlement discussions, and attorney-client privileged material.

Use Restrictions

There are no restrictions.

Preferred Citation

Records of the Virginia Secretary of the Commonwealth, Extradition Requisition and Rendition Files, 2018-2021. Accession 53502, State government records collection, The Library of Virginia, Richmond, Virginia

Acquisition Information

Transferred on 7 January 2022 from the Office of the Secretary of the Commonwealth, Patrick Henry Building, 1111 East Broad Street, Richmond, VA 23219.

Biographical/Historical Information

The Office of the Secretary of the Commonwealth has evolved from early colonial times when there existed a Secretary of the Colony. Thomas Nelson held the position of the first Secretary of Virginia in 1776. Early Secretaries were elected by the public. An Act of the General Assembly in 1920 changed the election to a joint vote of the General Assembly. In a 1930 Act the duties of the Secretary were redefined with the Secretary of the Commonwealth serving as the ex officio secretary of the Governor, as custodian of many official State records, and as keeper of the Greater and Lesser Seals of the Commonwealth. The office of the Secretary has gradually acquired other functions, such as: service of out-of-state civil process; appointment and regulation of notaries public; and registration and oversight of lobbyists. The Office became a gubernatorial appointment subsequent to a 1958 Act of the Assembly. The Secretary of the Commonwealth is under the jurisdiction of the Governor's Office. The Secretary is appointed by the Governor for a term of four years. Currently the Secretary of the Commonwealth is responsible for gubernatorial appointments, clemency and restoration of civil rights requests and extraditions. Additional activities include: serving as ex officio Secretary to the Governor; serving as keeper of the seals of the Commonwealth; compiling and publishing the annual Blue Book; commissioning and regulating notary publics, including the publication of a Notary Handbook and conduct of disciplinary hearings; promulgating the lobbying disclosure requirements, registration of lobbyists, and recording of lobbying reports; servicing the civil process of out-of-state defendants and other parties; and authenticating and certifying the records of the courts and of any state agency.

Scope and Content

Records, 2018-2021, consisting of extradition requisitions and renditions of the Secretary of the Commonwealth served during the tenure of Governor Ralph Northam (2018-2022). The files are arranged into two series: requisitions and renditions. A requisition documents Virginia's request of another state to return a fugitive to Virginia's jurisdiction. A rendition documents another state's request of Virginia to return a fugitive to the requesting state's jurisdiction. The files are arranged by year and alphabetical therein. The collection is housed in thirty-seven boxes.

A typical requisition file contains an application from the Commonwealth's Attorney, a formal request by the Governor for extradition, and the Governor's request of one or more law enforcement officers to retrieve the fugitive. The Commonwealth's Attorney's application usually includes: copies of the indictment or arrest warrant with supporting affidavits and a statement of facts in support of a Governor's Warrant. Some files include a photograph of the subject of the requisition.

A typical rendition file contains a formal request for extradition from another state's governor, correspondence from the Office of the Attorney General to the Office of the Governor concerning the extradition request, and a copy of the notice of extradition sent by the Secretary of the Commonwealth to the wanted individual. The request for extradition usually includes: copies of the indictment or arrest warrant with supporting affidavits and an appointment of agent by the Governor. Some applications may include a photograph of the fugitive. Also included in each files is a Rendition Fact Sheet completed by the Secretary of the Commonwealth. The Rendition Fact Sheet lists date received, jurisdiction, fugitive's name and address, attorney's name and address, date charged as a fugitive, disposition of fugitive warrant, next scheduled court appearance on fugitive warrant, fugitive status (in custody or out on bond), list of pending Virginia charges and disposition and contact information for requestor.

The records from this collection must be reviewed by staff for personal and medical privacy protected information before serving. Both requisitions and renditions may include privacy protected information such as social security and fingerprints, and case, penitentiary, and arrest records.

Arrangement

This collection is arranged into the following series: