{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-303.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-303.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-303.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-303.2.html"}],"law_id":55101,"edition_id":1,"section_id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","history":"1985, c. 617; 2019, cc. 782, 783; 2020, cc. 989, 990.","full_text":"Whenever any person who has not previously been convicted of any felony, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to any crime against property constituting a misdemeanor, under Article 3 (\u00a7 18.2-95 et seq.), 5 (\u00a7 18.2-119 et seq.) except for a violation of \u00a7 18.2-130 or 18.2-130.1, 6 (\u00a7 18.2-137 et seq.), 7 (\u00a7 18.2-144 et seq.), or 8 (\u00a7 18.2-153 et seq.) of Chapter 5 of Title 18.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions, which may include restitution for losses caused, set by the court. If the court defers further proceedings for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7 19.2-390, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the accused, taken by a law-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7 19.2-390, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purpose of applying this section in subsequent proceedings.","order_by":null,"text":{"0":{"id":202060,"text":"Whenever any person who has not previously been convicted of any felony, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to any crime against property constituting a misdemeanor, under Article 3 (\u00a7 18.2-95 et seq.), 5 (\u00a7 18.2-119 et seq.) except for a violation of \u00a7 18.2-130 or 18.2-130.1, 6 (\u00a7 18.2-137 et seq.), 7 (\u00a7 18.2-144 et seq.), or 8 (\u00a7 18.2-153 et seq.) of Chapter 5 of Title 18.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation subject to terms and conditions, which may include restitution for losses caused, set by the court. If the court defers further proceedings for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7 19.2-390, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the accused, taken by a law-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person for an offense that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7 19.2-390, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purpose of applying this section in subsequent proceedings.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14013,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169443,"object_type":"structure","relational_id":14013,"identifier":"1","token":"19.2\/18\/1","url":"\/19.2\/18\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58209,"structure_id":14013,"section_number":"19.2-295","catch_line":"Ascertainment of punishment","url":"\/19.2-295\/","token":"19.2\/18\/1\/19.2-295","metadata":false},{"id":67916,"structure_id":14013,"section_number":"19.2-295.1","catch_line":"Sentencing proceeding by the jury after conviction","url":"\/19.2-295.1\/","token":"19.2\/18\/1\/19.2-295.1","metadata":false},{"id":60349,"structure_id":14013,"section_number":"19.2-295.2","catch_line":"Probation of felons sentenced for offenses committed on and after January 1, 1995, and on and after July 1, 2000","url":"\/19.2-295.2\/","token":"19.2\/18\/1\/19.2-295.2","metadata":false},{"id":86676,"structure_id":14013,"section_number":"19.2-295.2:1","catch_line":"Postrelease incarceration of felons sentenced for certain offenses committed on or after July 1, 2006","url":"\/19.2-295.2_1\/","token":"19.2\/18\/1\/19.2-295.2_1","metadata":false},{"id":65204,"structure_id":14013,"section_number":"19.2-295.3","catch_line":"Admission of victim impact testimony","url":"\/19.2-295.3\/","token":"19.2\/18\/1\/19.2-295.3","metadata":false},{"id":85451,"structure_id":14013,"section_number":"19.2-296","catch_line":"Withdrawal of plea of guilty","url":"\/19.2-296\/","token":"19.2\/18\/1\/19.2-296","metadata":false},{"id":78707,"structure_id":14013,"section_number":"19.2-297","catch_line":"Repealed","url":"\/19.2-297\/","token":"19.2\/18\/1\/19.2-297","metadata":false},{"id":56020,"structure_id":14013,"section_number":"19.2-297.1","catch_line":"Sentence of person twice previously convicted of certain violent felonies","url":"\/19.2-297.1\/","token":"19.2\/18\/1\/19.2-297.1","metadata":false},{"id":74004,"structure_id":14013,"section_number":"19.2-298","catch_line":"Pronouncement of sentence","url":"\/19.2-298\/","token":"19.2\/18\/1\/19.2-298","metadata":false},{"id":64383,"structure_id":14013,"section_number":"19.2-298.01","catch_line":"Use of discretionary sentencing guidelines","url":"\/19.2-298.01\/","token":"19.2\/18\/1\/19.2-298.01","metadata":false},{"id":82939,"structure_id":14013,"section_number":"19.2-298.02","catch_line":"Deferred disposition in a criminal case","url":"\/19.2-298.02\/","token":"19.2\/18\/1\/19.2-298.02","metadata":false},{"id":72885,"structure_id":14013,"section_number":"19.2-298.1","catch_line":"Repealed","url":"\/19.2-298.1\/","token":"19.2\/18\/1\/19.2-298.1","metadata":false},{"id":75041,"structure_id":14013,"section_number":"19.2-299","catch_line":"Investigations and reports by probation officers in certain cases","url":"\/19.2-299\/","token":"19.2\/18\/1\/19.2-299","metadata":false},{"id":67741,"structure_id":14013,"section_number":"19.2-299.1","catch_line":"When Victim Impact Statement required; contents; uses","url":"\/19.2-299.1\/","token":"19.2\/18\/1\/19.2-299.1","metadata":false},{"id":71480,"structure_id":14013,"section_number":"19.2-299.2","catch_line":"Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions","url":"\/19.2-299.2\/","token":"19.2\/18\/1\/19.2-299.2","metadata":false},{"id":56093,"structure_id":14013,"section_number":"19.2-299.3","catch_line":"Report of arrest and conviction of school employees by probation and parole officers for certain offenses","url":"\/19.2-299.3\/","token":"19.2\/18\/1\/19.2-299.3","metadata":false},{"id":64531,"structure_id":14013,"section_number":"19.2-300","catch_line":"Deferring for mental examination sentence of person convicted of offense indicating sexual abnormality","url":"\/19.2-300\/","token":"19.2\/18\/1\/19.2-300","metadata":false},{"id":65087,"structure_id":14013,"section_number":"19.2-301","catch_line":"Judge shall require examination under \u00a7 19.2-300; by whom made; report; expenses of psychiatrist","url":"\/19.2-301\/","token":"19.2\/18\/1\/19.2-301","metadata":false},{"id":59002,"structure_id":14013,"section_number":"19.2-302","catch_line":"Construction and administration of \u00a7\u00a7 19.2-300 and 19.2-301","url":"\/19.2-302\/","token":"19.2\/18\/1\/19.2-302","metadata":false},{"id":63915,"structure_id":14013,"section_number":"19.2-303","catch_line":"Suspension or modification of sentence; probation; taking of fingerprints and blood, saliva, or tissue sample as condition of probation","url":"\/19.2-303\/","token":"19.2\/18\/1\/19.2-303","metadata":false},{"id":64740,"structure_id":14013,"section_number":"19.2-303.01","catch_line":"Reduction of sentence; substantial assistance to prosecution","url":"\/19.2-303.01\/","token":"19.2\/18\/1\/19.2-303.01","metadata":false},{"id":74000,"structure_id":14013,"section_number":"19.2-303.02","catch_line":"Modification of conditions of suspended sentence or probation to require fingerprinting","url":"\/19.2-303.02\/","token":"19.2\/18\/1\/19.2-303.02","metadata":false},{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},{"id":55101,"structure_id":14013,"section_number":"19.2-303.2","catch_line":"Persons charged with first offense may be placed on probation","url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","metadata":false},{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},{"id":63262,"structure_id":14013,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","url":"\/19.2-303.4\/","token":"19.2\/18\/1\/19.2-303.4","metadata":false},{"id":84397,"structure_id":14013,"section_number":"19.2-303.5","catch_line":"Expired","url":"\/19.2-303.5\/","token":"19.2\/18\/1\/19.2-303.5","metadata":false},{"id":73653,"structure_id":14013,"section_number":"19.2-303.6","catch_line":"Deferred disposition in a criminal case; persons with autism or intellectual disabilities","url":"\/19.2-303.6\/","token":"19.2\/18\/1\/19.2-303.6","metadata":false},{"id":71283,"structure_id":14013,"section_number":"19.2-304","catch_line":"Increasing or decreasing probation period and modification of conditions","url":"\/19.2-304\/","token":"19.2\/18\/1\/19.2-304","metadata":false},{"id":75628,"structure_id":14013,"section_number":"19.2-305","catch_line":"Requiring fines, costs, restitution for damages, support, or community services from probationer","url":"\/19.2-305\/","token":"19.2\/18\/1\/19.2-305","metadata":false},{"id":82621,"structure_id":14013,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","url":"\/19.2-305.1\/","token":"19.2\/18\/1\/19.2-305.1","metadata":false},{"id":59341,"structure_id":14013,"section_number":"19.2-305.2","catch_line":"Amount of restitution; enforcement","url":"\/19.2-305.2\/","token":"19.2\/18\/1\/19.2-305.2","metadata":false},{"id":64153,"structure_id":14013,"section_number":"19.2-305.3","catch_line":"Repealed","url":"\/19.2-305.3\/","token":"19.2\/18\/1\/19.2-305.3","metadata":false},{"id":85689,"structure_id":14013,"section_number":"19.2-305.4","catch_line":"When interest to be paid on award of restitution","url":"\/19.2-305.4\/","token":"19.2\/18\/1\/19.2-305.4","metadata":false},{"id":66441,"structure_id":14013,"section_number":"19.2-306","catch_line":"Revocation of suspension of sentence and probation","url":"\/19.2-306\/","token":"19.2\/18\/1\/19.2-306","metadata":false},{"id":85808,"structure_id":14013,"section_number":"19.2-306.1","catch_line":"Limitation on sentence upon revocation of suspension of sentence; exceptions","url":"\/19.2-306.1\/","token":"19.2\/18\/1\/19.2-306.1","metadata":false},{"id":85846,"structure_id":14013,"section_number":"19.2-306.2","catch_line":"Use of sentencing revocation report and discretionary sentencing guidelines in cases of revocation of suspension of sentence and probation","url":"\/19.2-306.2\/","token":"19.2\/18\/1\/19.2-306.2","metadata":false},{"id":56424,"structure_id":14013,"section_number":"19.2-307","catch_line":"Contents of judgment order","url":"\/19.2-307\/","token":"19.2\/18\/1\/19.2-307","metadata":false},{"id":78445,"structure_id":14013,"section_number":"19.2-308","catch_line":"When two or more sentences run concurrently","url":"\/19.2-308\/","token":"19.2\/18\/1\/19.2-308","metadata":false},{"id":79069,"structure_id":14013,"section_number":"19.2-308.1","catch_line":"When sentence may run concurrently with sentence in another jurisdiction","url":"\/19.2-308.1\/","token":"19.2\/18\/1\/19.2-308.1","metadata":false},{"id":86121,"structure_id":14013,"section_number":"19.2-309","catch_line":"Sentence of confinement for conviction of a combination of felony and misdemeanor offenses","url":"\/19.2-309\/","token":"19.2\/18\/1\/19.2-309","metadata":false},{"id":63077,"structure_id":14013,"section_number":"19.2-309.1","catch_line":"Sentence of confinement to jail farms maintained by the Cities of Danville, Martinsville and Newport News","url":"\/19.2-309.1\/","token":"19.2\/18\/1\/19.2-309.1","metadata":false},{"id":63650,"structure_id":14013,"section_number":"19.2-310","catch_line":"Transfer of prisoners to custody of Director of Department of Corrections","url":"\/19.2-310\/","token":"19.2\/18\/1\/19.2-310","metadata":false},{"id":65167,"structure_id":14013,"section_number":"19.2-310.01","catch_line":"Transmission of sentencing documents","url":"\/19.2-310.01\/","token":"19.2\/18\/1\/19.2-310.01","metadata":false},{"id":80141,"structure_id":14013,"section_number":"19.2-310.1","catch_line":"Repealed","url":"\/19.2-310.1\/","token":"19.2\/18\/1\/19.2-310.1","metadata":false}],"previous_section":{"id":74432,"structure_id":14013,"section_number":"19.2-303.1","catch_line":"Fixing period of suspension of sentence","url":"\/19.2-303.1\/","token":"19.2\/18\/1\/19.2-303.1","metadata":false},"next_section":{"id":70874,"structure_id":14013,"section_number":"19.2-303.3","catch_line":"Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services","url":"\/19.2-303.3\/","token":"19.2\/18\/1\/19.2-303.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-303.2\/","history_text":"<p>This law was first created in 1985. The record of its establishment is cataloged in chapter 617 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0782\">782<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0783\">783<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0989\">989<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0990\">990<\/a>.<\/p>","references":[{"id":68913,"section_number":"16.1-69.48:1","catch_line":"Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added","order_by":null,"url":"\/16.1-69.48_1\/"},{"id":87137,"section_number":"17.1-275.2","catch_line":"Fixed fee for felony reduced to misdemeanor","order_by":null,"url":"\/17.1-275.2\/"},{"id":78190,"section_number":"17.1-275.7","catch_line":"Fixed misdemeanor fee","order_by":null,"url":"\/17.1-275.7\/"},{"id":63262,"section_number":"19.2-303.4","catch_line":"Payment of costs when proceedings deferred and defendant placed on probation","order_by":null,"url":"\/19.2-303.4\/"},{"id":65965,"section_number":"19.2-335","catch_line":"Judge of district court to certify to clerk of circuit court costs of proceedings in criminal cases before him","order_by":null,"url":"\/19.2-335\/"},{"id":77943,"section_number":"19.2-336","catch_line":"Clerk to make up statement of whole cost, and issue execution therefor","order_by":null,"url":"\/19.2-336\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":80211,"section_number":"19.2-392","catch_line":"Fingerprints and photographs by police authorities","order_by":null,"url":"\/19.2-392\/"}],"refers_to":[{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":62388,"section_number":"18.2-130","catch_line":"Peeping or spying into dwelling or enclosure","order_by":null,"url":"\/18.2-130\/"},{"id":70019,"section_number":"18.2-130.1","catch_line":"Peeping or spying into dwelling or occupied building by electronic device or unmanned aircraft system; penalty","order_by":null,"url":"\/18.2-130.1\/"},{"id":83724,"section_number":"18.2-137","catch_line":"Injuring, etc., any property, monument, etc","order_by":null,"url":"\/18.2-137\/"},{"id":78164,"section_number":"18.2-144","catch_line":"Maiming, killing or poisoning animals, fowl, etc","order_by":null,"url":"\/18.2-144\/"},{"id":75741,"section_number":"18.2-153","catch_line":"Obstructing or injuring canal, railroad, power line, etc","order_by":null,"url":"\/18.2-153\/"},{"id":78364,"section_number":"18.2-95","catch_line":"Grand larceny defined; how punished","order_by":null,"url":"\/18.2-95\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"}],"permalink":{"id":169537,"object_type":"law","relational_id":55101,"identifier":"19.2-303.2","token":"19.2\/18\/1\/19.2-303.2","url":"\/19.2-303.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-303.2\/","token":"19.2\/18\/1\/19.2-303.2","dublin_core":{"Title":"Persons charged with first offense may be placed on probation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-303.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Whenever any person who has not previously been convicted of any <span class=\"dictionary\">felony<\/span>, or has not previously had a proceeding against him for violation of such an <span class=\"dictionary\">offense<\/span> dismissed as provided in this section, pleads guilty to or enters a <span class=\"dictionary\">plea<\/span> of not guilty to any <span class=\"dictionary\">crime<\/span> against property constituting a <span class=\"dictionary\">misdemeanor<\/span>, under Article 3 (\u00a7&nbsp;<a class=\"law\" title=\"Grand larceny defined; how punished\" href=\"\/18.2-95\/\">18.2-95<\/a> et seq.), 5 (\u00a7&nbsp;<a class=\"law\" title=\"Trespass after having been forbidden to do so; penalties\" href=\"\/18.2-119\/\">18.2-119<\/a> et seq.) except for a violation of \u00a7&nbsp;<a class=\"law\" title=\"Peeping or spying into dwelling or enclosure\" href=\"\/18.2-130\/\">18.2-130<\/a> or <a class=\"law\" title=\"Peeping or spying into dwelling or occupied building by electronic device or unmanned aircraft system; penalty\" href=\"\/18.2-130.1\/\">18.2-130.1<\/a>, 6 (\u00a7&nbsp;<a class=\"law\" title=\"Injuring, etc., any property, monument, etc\" href=\"\/18.2-137\/\">18.2-137<\/a> et seq.), 7 (\u00a7&nbsp;<a class=\"law\" title=\"Maiming, killing or poisoning animals, fowl, etc\" href=\"\/18.2-144\/\">18.2-144<\/a> et seq.), or 8 (\u00a7&nbsp;<a class=\"law\" title=\"Obstructing or injuring canal, railroad, power line, etc\" href=\"\/18.2-153\/\">18.2-153<\/a> et seq.) of Chapter 5 of Title 18.2, the court, upon such <span class=\"dictionary\">plea<\/span> if the <span class=\"dictionary\">facts<\/span> found by the court would justify a <span class=\"dictionary\">finding<\/span> of guilt, without entering a <span class=\"dictionary\">judgment<\/span> of guilt and with the consent of the <span class=\"dictionary\">accused<\/span>, may defer further proceedings and place him on <span class=\"dictionary\">probation<\/span> subject to terms and conditions, which may include <span class=\"dictionary\">restitution<\/span> for losses caused, set by the court. If the court defers further proceedings for an <span class=\"dictionary\">offense<\/span> that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies\" href=\"\/19.2-390\/\">19.2-390<\/a>, at that time the court shall determine whether the <span class=\"dictionary\">clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of the <span class=\"dictionary\">accused<\/span>, taken by a <span class=\"dictionary\">law<\/span>-enforcement officer pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies\" href=\"\/19.2-390\/\">19.2-390<\/a>, and, if not, shall <span class=\"dictionary\">order<\/span> that the fingerprints and photograph of the <span class=\"dictionary\">accused<\/span> be taken by a <span class=\"dictionary\">law<\/span>-enforcement officer. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the <span class=\"dictionary\">clerk of court<\/span> has been provided with the fingerprint identification information or fingerprints of such person for an <span class=\"dictionary\">offense<\/span> that is required to be reported to the Central Criminal Records Exchange pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies\" href=\"\/19.2-390\/\">19.2-390<\/a>, the court shall discharge the person and dismiss the proceedings against him. Discharge and <span class=\"dictionary\">dismissal<\/span> under this section shall be without adjudication of guilt and is a <span class=\"dictionary\">conviction<\/span> only for the purpose of applying this section in subsequent proceedings.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPERSONS CHARGED WITH FIRST OFFENSE MAY BE PLACED ON PROBATION (\u00a7 19.2-303.2)\n\nWhenever any person who has not previously been convicted of any felony, or has\nnot previously had a proceeding against him for violation of such an offense\ndismissed as provided in this section, pleads guilty to or enters a plea of not\nguilty to any crime against property constituting a misdemeanor, under Article 3\n(\u00a7 18.2-95 et seq.), 5 (\u00a7 18.2-119 et seq.) except for a violation of \u00a7\n18.2-130 or 18.2-130.1, 6 (\u00a7 18.2-137 et seq.), 7 (\u00a7 18.2-144 et seq.), or 8\n(\u00a7 18.2-153 et seq.) of Chapter 5 of Title 18.2, the court, upon such plea if\nthe facts found by the court would justify a finding of guilt, without entering\na judgment of guilt and with the consent of the accused, may defer further\nproceedings and place him on probation subject to terms and conditions, which\nmay include restitution for losses caused, set by the court. If the court defers\nfurther proceedings for an offense that is required to be reported to the\nCentral Criminal Records Exchange pursuant to \u00a7 19.2-390, at that time the\ncourt shall determine whether the clerk of court has been provided with the\nfingerprint identification information or fingerprints of the accused, taken by\na law-enforcement officer pursuant to \u00a7 19.2-390, and, if not, shall order that\nthe fingerprints and photograph of the accused be taken by a law-enforcement\nofficer. Upon violation of a term or condition, the court may enter an\nadjudication of guilt and proceed as otherwise provided. Upon fulfillment of the\nterms and conditions, and upon determining that the clerk of court has been\nprovided with the fingerprint identification information or fingerprints of such\nperson for an offense that is required to be reported to the Central Criminal\nRecords Exchange pursuant to \u00a7 19.2-390, the court shall discharge the person\nand dismiss the proceedings against him. Discharge and dismissal under this\nsection shall be without adjudication of guilt and is a conviction only for the\npurpose of applying this section in subsequent proceedings.\n\nHISTORY: 1985, c. 617; 2019, cc. 782, 783; 2020, cc. 989, 990.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}