{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-323.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-323.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-323.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-323.1.html"}],"law_id":61204,"edition_id":1,"section_id":61204,"structure_id":13718,"section_number":"46.2-323.1","catch_line":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","history":"1993, c. 444; 2002, cc. 767, 834; 2021, Sp. Sess. I, c. 544.","full_text":"No credential issued under this chapter shall be issued to any person who is not a Virginia resident. Every person applying for a credential issued under this chapter shall execute and furnish to the Commissioner his certificate that he is a resident of Virginia. The Commissioner or his duly authorized agent may require any such applicant to supply, along with his application, such evidence of his Virginia residency as the Commissioner may deem appropriate and adequate, provided that neither an immigration visa nor a signed written statement, whether or not such statement is notarized, wherein the maker of the statement vouches for the Virginia residency of the applicant, shall be acceptable proof of Virginia residency. If the applicant is less than 19 years old and cannot otherwise provide proof of Virginia residency, the Commissioner may accept proof of the applicant’s parent’s or guardian’s Virginia residency. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent’s certification of residency. It is unlawful for any applicant knowingly to make a false certification of Virginia residency or supply false or fictitious evidence of Virginia residency. Any violation of this section shall be punished as provided in \u00a7 46.2-348.","order_by":null,"text":{"0":{"id":223660,"text":"No credential issued under this chapter shall be issued to any person who is not a Virginia resident. Every person applying for a credential issued under this chapter shall execute and furnish to the Commissioner his certificate that he is a resident of Virginia. The Commissioner or his duly authorized agent may require any such applicant to supply, along with his application, such evidence of his Virginia residency as the Commissioner may deem appropriate and adequate, provided that neither an immigration visa nor a signed written statement, whether or not such statement is notarized, wherein the maker of the statement vouches for the Virginia residency of the applicant, shall be acceptable proof of Virginia residency. If the applicant is less than 19 years old and cannot otherwise provide proof of Virginia residency, the Commissioner may accept proof of the applicant’s parent’s or guardian’s Virginia residency. Any minor providing proper evidence of the solemnization of his marriage or a certified copy of a court order of emancipation shall not be required to provide the parent’s certification of residency. It is unlawful for any applicant knowingly to make a false certification of Virginia residency or supply false or fictitious evidence of Virginia residency. Any violation of this section shall be punished as provided in \u00a7 46.2-348.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13718,"edition_id":1,"name":"Obtaining Licenses, Generally","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:39","date_modified":"2026-06-26 03:45:39","permalink":{"id":226437,"object_type":"structure","relational_id":13718,"identifier":"4","token":"46.2\/II\/3\/4","url":"\/46.2\/II\/3\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74834,"structure_id":13718,"section_number":"46.2-323","catch_line":"Application for driver's license; proof of completion of driver education program; penalty","url":"\/46.2-323\/","token":"46.2\/II\/3\/4\/46.2-323","metadata":false},{"id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","metadata":false},{"id":61204,"structure_id":13718,"section_number":"46.2-323.1","catch_line":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","url":"\/46.2-323.1\/","token":"46.2\/II\/3\/4\/46.2-323.1","metadata":false},{"id":73056,"structure_id":13718,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","url":"\/46.2-324\/","token":"46.2\/II\/3\/4\/46.2-324","metadata":false},{"id":57804,"structure_id":13718,"section_number":"46.2-324.1","catch_line":"Requirements for initial licensure of certain applicants","url":"\/46.2-324.1\/","token":"46.2\/II\/3\/4\/46.2-324.1","metadata":false},{"id":66333,"structure_id":13718,"section_number":"46.2-325","catch_line":"Examination of applicants; waiver of Department's examination under certain circumstances; behind-the-wheel and knowledge examinations","url":"\/46.2-325\/","token":"46.2\/II\/3\/4\/46.2-325","metadata":false},{"id":63436,"structure_id":13718,"section_number":"46.2-326","catch_line":"Designation of examiners; conduct of examination; reports","url":"\/46.2-326\/","token":"46.2\/II\/3\/4\/46.2-326","metadata":false},{"id":61645,"structure_id":13718,"section_number":"46.2-326.1","catch_line":"Designation of commercial driver's license skills testing examiners","url":"\/46.2-326.1\/","token":"46.2\/II\/3\/4\/46.2-326.1","metadata":false},{"id":75238,"structure_id":13718,"section_number":"46.2-327","catch_line":"Copies of applications; record of licenses and learner's permits issued, suspended, or revoked","url":"\/46.2-327\/","token":"46.2\/II\/3\/4\/46.2-327","metadata":false},{"id":64850,"structure_id":13718,"section_number":"46.2-328","catch_line":"Department to issue licenses; endorsements, classifications, and restrictions authorizing operation of certain vehicles","url":"\/46.2-328\/","token":"46.2\/II\/3\/4\/46.2-328","metadata":false},{"id":55310,"structure_id":13718,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","url":"\/46.2-328.1\/","token":"46.2\/II\/3\/4\/46.2-328.1","metadata":false},{"id":54709,"structure_id":13718,"section_number":"46.2-328.2","catch_line":"Department to issue documents; veteran indicator","url":"\/46.2-328.2\/","token":"46.2\/II\/3\/4\/46.2-328.2","metadata":false},{"id":61156,"structure_id":13718,"section_number":"46.2-328.3","catch_line":"Driver privilege cards and permits","url":"\/46.2-328.3\/","token":"46.2\/II\/3\/4\/46.2-328.3","metadata":false},{"id":66576,"structure_id":13718,"section_number":"46.2-329","catch_line":"Special restrictions on particular licensees","url":"\/46.2-329\/","token":"46.2\/II\/3\/4\/46.2-329","metadata":false},{"id":55697,"structure_id":13718,"section_number":"46.2-330","catch_line":"Expiration and renewal of licenses; examinations required","url":"\/46.2-330\/","token":"46.2\/II\/3\/4\/46.2-330","metadata":false},{"id":78255,"structure_id":13718,"section_number":"46.2-331","catch_line":"Repealed","url":"\/46.2-331\/","token":"46.2\/II\/3\/4\/46.2-331","metadata":false},{"id":74767,"structure_id":13718,"section_number":"46.2-332","catch_line":"Fees","url":"\/46.2-332\/","token":"46.2\/II\/3\/4\/46.2-332","metadata":false},{"id":57057,"structure_id":13718,"section_number":"46.2-333","catch_line":"Disposition of fees; expenses","url":"\/46.2-333\/","token":"46.2\/II\/3\/4\/46.2-333","metadata":false},{"id":87183,"structure_id":13718,"section_number":"46.2-333.1","catch_line":"Surcharges on certain fees of Department; disposition of proceeds","url":"\/46.2-333.1\/","token":"46.2\/II\/3\/4\/46.2-333.1","metadata":false}],"previous_section":{"id":65529,"structure_id":13718,"section_number":"46.2-323.01","catch_line":"Issuance of credentials; relationship with federal law","url":"\/46.2-323.01\/","token":"46.2\/II\/3\/4\/46.2-323.01","metadata":false},"next_section":{"id":73056,"structure_id":13718,"section_number":"46.2-324","catch_line":"Applicants and license holders to notify Department of change of address; fee","url":"\/46.2-324\/","token":"46.2\/II\/3\/4\/46.2-324","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-323.1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 444 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 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2002, chapters 767<\/a> and 834<\/a>.<\/p>","references":false,"refers_to":[{"id":83666,"section_number":"46.2-348","catch_line":"Fraud or false statements in applications for license; penalties","order_by":null,"url":"\/46.2-348\/"}],"permalink":{"id":226447,"object_type":"law","relational_id":61204,"identifier":"46.2-323.1","token":"46.2\/II\/3\/4\/46.2-323.1","url":"\/46.2-323.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-323.1\/","token":"46.2\/II\/3\/4\/46.2-323.1","dublin_core":{"Title":"Certification of Virginia residency; nonresidents not eligible for credentials; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-323.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No credential issued under this chapter shall be issued to any person who is not a Virginia resident. Every person applying for a credential issued under this chapter shall execute and furnish to the Commissioner<\/span> his certificate that he is a resident of Virginia. The Commissioner<\/span> or his duly authorized agent<\/span> may require any such applicant to supply, along with his application, such evidence<\/span> of his Virginia residency as the Commissioner<\/span> may deem appropriate and adequate, provided that neither an immigration visa nor a signed written statement, whether or not such statement is notarized, wherein the maker of the statement vouches for the Virginia residency of the applicant, shall be acceptable proof of Virginia residency. If the applicant is less than 19 years old and cannot otherwise provide proof of Virginia residency, the Commissioner<\/span> may accept proof of the applicant’s parent’s or guardian’s Virginia residency. Any minor<\/span> providing proper evidence<\/span> of the solemnization of his marriage or a certified copy of a court order<\/span> of emancipation shall not be required to provide the parent’s certification of residency. It is unlawful for any applicant knowingly to make a false certification of Virginia residency or supply false or fictitious evidence<\/span> of Virginia residency. Any violation of this section shall be punished as provided in \u00a7 46.2-348<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATION OF VIRGINIA RESIDENCY; NONRESIDENTS NOT ELIGIBLE FOR CREDENTIALS;\nPENALTY (\u00a7 46.2-323.1)\n\nNo credential issued under this chapter shall be issued to any person who is not\na Virginia resident. Every person applying for a credential issued under this\nchapter shall execute and furnish to the Commissioner his certificate that he is\na resident of Virginia. The Commissioner or his duly authorized agent may\nrequire any such applicant to supply, along with his application, such evidence\nof his Virginia residency as the Commissioner may deem appropriate and adequate,\nprovided that neither an immigration visa nor a signed written statement,\nwhether or not such statement is notarized, wherein the maker of the statement\nvouches for the Virginia residency of the applicant, shall be acceptable proof\nof Virginia residency. If the applicant is less than 19 years old and cannot\notherwise provide proof of Virginia residency, the Commissioner may accept proof\nof the applicant’s parent’s or guardian’s Virginia residency.\nAny minor providing proper evidence of the solemnization of his marriage or a\ncertified copy of a court order of emancipation shall not be required to provide\nthe parent’s certification of residency. It is unlawful for any applicant\nknowingly to make a false certification of Virginia residency or supply false or\nfictitious evidence of Virginia residency. Any violation of this section shall\nbe punished as provided in \u00a7 46.2-348.\n\nHISTORY: 1993, c. 444; 2002, cc. 767, 834; 2021, Sp. Sess. I, c. 544.","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}}