Chesterfield accused of destroying public records in lawsuit
TL;DR: Chesterfield County faces sanctions and litigation cost demands after allegedly destroying public records at the center of a nearly four-year-old lawsuit filed by a local woman who criticized police handling of a child abuse report.
Quick facts
- Who: Charlotte Carter (plaintiff), Chesterfield County Police Department, County Attorney's office
- What: Record destruction allegations in public information lawsuit; plaintiff seeking sanctions and cost reimbursement
- When: FOIA request filed 2022; lawsuit filed Nov 2022; sanctions motion filed March 2026; trial arguments scheduled June 2026
- Where: Chesterfield County, Virginia
The story
Charlotte Carter, a Chesterfield County nurse, filed a Freedom of Information Act request in late 2022 seeking incident records related to her arrests, including body camera footage, 911 calls, police radio recordings, and incident reports. The county responded with a $24,000 cost estimate to review and produce the files. Carter challenged the fee as unreasonable and filed a lawsuit in November 2022.
Carter's requests for public records came after she reported suspected child abuse to authorities and later posted a viral TikTok video criticizing the police department's handling of her report and questioning an officer's traffic stop patterns. Following the video, which drew nearly 5 million views, she was arrested multiple times by the Chesterfield County Police Department. All charges were later dismissed, nolle prossed, or resulted in acquittals.
Nearly four years into the lawsuit, Carter's attorney Joy Ramsingh discovered that Chesterfield County had destroyed much of the records in question. Court filings reveal that police radio recordingsāincluding communications one hour before and after each of Carter's arrestsāwere deleted between late 2022 and early 2023 through the county's automated record deletion system, which purges emergency radio recordings after six months. Critically, many of these deletions occurred *after* Carter filed her FOIA petition but without disclosure to Carter or her counsel. In March 2026, Ramsingh filed a motion requesting sanctions against Chesterfield County and county attorney Julie Seyfarth, seeking full reimbursement of litigation costs and attorney fees accumulated over nearly four years.
The county's response argues that Carter's FOIA request was deemed withdrawn when she did not pay the cost estimate, that police radio transmissions were never retrievable records, and that Chesterfield had no legal obligation to preserve the files once the request was withdrawn. Trial arguments on the sanctions motion are scheduled for June 2026. The case raises questions about government transparency, document retention practices, and whether agencies must preserve records when FOIA requests are disputed.
Key players
- Charlotte Carter ā Plaintiff; Chesterfield resident and nurse who reported child abuse and filed FOIA request for incident records
- Joy Ramsingh ā Carter's attorney; filed motion for sanctions against county
- Julie Seyfarth ā Senior Deputy County Attorney; defending county against sanctions motion
- Jeffrey S. Katz ā Former Chesterfield Police Chief (2018-2024); named in lawsuit; now Virginia State Police Superintendent
- Chesterfield County Government ā Defendant; accused of destroying public records and failing to disclose destruction
Key dates
- 2022-03 ā Charlotte Carter posts viral TikTok video criticizing police; arrests begin
- 2022-11 ā Carter files FOIA petition and lawsuit challenging county's $24,000 fee estimate
- 2022-12 to 2023-01 ā County destroys police radio records through automated deletion system
- 2026-03 ā Carter's attorney files motion for sanctions against county
- 2026-06 ā Trial arguments on sanctions motion scheduled
The case for
From the county's perspective, the FOIA request was withdrawn when the requester declined to pay the processing feeāa standard practice in public records law. The county argues it had no duty to preserve records for a withdrawn request, and that police radio systems are designed with automatic deletion functions for operational and storage efficiency. The county also contends that without a valid, active FOIA request, records retention obligations do not apply, and that Carter's failure to pay the estimate terminated the request.
The case against
Carter's counsel argues the county should have preserved records once a FOIA lawsuit was filed, since litigation automatically creates a legal hold requirement. The destruction of records at the center of active litigationāespecially without disclosure to the opposing partyāsuggests improper conduct and potential destruction of evidence. The timing is particularly damaging: records were deleted after the FOIA petition was filed but before the county disclosed that they no longer existed. Additionally, the $24,000 fee estimate itself may have been unreasonably high and used as a practical barrier to access, raising fairness concerns about FOIA compliance.
Why it matters: The case highlights how Chesterfield County residents exercise government transparency rights and whether the county properly preserves documents central to public information disputes. If the court finds the county liable for destroying records during litigation, it could establish stricter record retention requirements for county agencies and result in significant costs to taxpayers. The outcome may also influence how police departments manage automated record deletion systems and their responsibilities during FOIA disputes.
Places
Development timeline
- 2022-03Carter posts viral TikTok criticizing police: Video questioning officer's traffic stop patterns and child abuse report handling draws nearly 5 million views [[source]](https://www.thedailybeast.com/this-tiktoker-accused-a-chesterfield-cop-of-racial-profiling-then-he-pulled-her-over/)
- 2022-06 to 2022-11Multiple arrests of Carter: Carter arrested several times by Chesterfield County Police following TikTok post; all charges later dismissed or result in acquittals [[source]](https://www.wtvr.com/news/local-news/chesterfield-virginia-record-destroying-accusations-april-6-2026)
- 2022-11FOIA lawsuit filed: Carter files Freedom of Information Act petition and lawsuit challenging $24,000 cost estimate for incident records [[source]](https://www.wtvr.com/news/local-news/chesterfield-virginia-record-destroying-accusations-april-6-2026)
- 2022-12 to 2023-01Records destroyed: Police radio communicationsāan hour before and after each of Carter's arrestsādeleted through county's automated system; destruction not disclosed to Carter or her counsel [[source]](https://joshstanfield.substack.com/p/records-destroyed-chesterfield-court)
- 2026-03Sanctions motion filed: Carter's attorney files motion requesting county sanctions, reimbursement of litigation costs, and attorney fees after discovering record destruction [[source]](https://www.wtvr.com/news/local-news/chesterfield-virginia-record-destroying-accusations-april-6-2026)
- 2026-06Trial arguments scheduled: Court scheduled to hear arguments on sanctions motion [[source]](https://www.wtvr.com/news/local-news/chesterfield-virginia-record-destroying-accusations-april-6-2026)
Related links
- Chesterfield County FOIA Policy
- Virginia FOIA Law - Virginia Code Ā§2.2-3700
- Virginia State Police - Superintendent's Office
Read the original at Google News: Chesterfield County ā
Sources
- WTVR - Chesterfield accused of destroying records at center of public information lawsuit
- Josh Stanfield Substack - Records Destroyed: Chesterfield Court Asked to Sanction VSP Superintendent
- The Daily Beast - This TikToker Accused a Chesterfield Cop of Racial Profiling. Then He Pulled Her Over.
- WTVR - Gov.-elect Spanberger appoints former Chesterfield Police Chief Jeffrey Katz as VSP superintendent