{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-383.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-383.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-383.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-383.html"}],"law_id":55824,"edition_id":1,"section_id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk&#8217;s fee for reports","history":"Code 1950, \u00a7\u00a7 46-195, 46-414; 1952, c. 188; 1954, c. 168; 1958, c. 541, \u00a7 46.1-413; 1960, c. 179; 1966, c. 376; 1968, c. 335; 1972, c. 406; 1976, cc. 28, 336, 505; 1978, c. 134; 1979, c. 594; 1988, cc. 770, 852; 1989, cc. 705, 727; 2002, c. 258; 2013, c. 263; 2015, c. 478; 2020, cc. 964, 965.","full_text":"A\n\nIn the event (i) a person is convicted of a charge described in subdivision A 1 or 2 of &#xA7; 46.2-382 or &#xA7; 46.2-382.1, (ii) a person forfeits bail or collateral or other deposit to secure the defendant&#8217;s appearance on the charges, unless the conviction has been set aside or the forfeiture vacated, (iii) a court assigns a defendant to a driver education program or alcohol treatment or rehabilitation program, or both such programs, as authorized by &#xA7; 18.2-271.1, (iv) compliance with the court&#8217;s probation order is accepted by the court in lieu of a conviction under &#xA7; 18.2-266 or the requirements specified in &#xA7; 18.2-271 as provided in &#xA7; 18.2-271.1, or (v) there is rendered a judgment for damages against a person as described in &#xA7; 46.2-382, every district court or clerk of a circuit court shall forward an abstract of the record to the Commissioner within 18 days after such conviction, forfeiture, assignment, or acceptance, and in the case of civil judgments, on the request of the judgment creditor or his attorney, within 30 days after judgment has become final. No abstract of the record in a district court shall be forwarded to the Commissioner unless the period allowed for an appeal has elapsed and no appeal has been perfected. On or after July 1, 2013, in the event that a conviction or adjudication has been nullified by separate order of the court, the clerk shall forward to the Commissioner an abstract of that record.B\n\nAbstract data of conviction may be furnished to the Commissioner by electronic means provided that the content of the abstract and the certification complies with the requirements of &#xA7; 46.2-386. In cases where the abstract data is furnished by electronic means, the paper abstract shall not be required to be forwarded to the Commissioner. The Commissioner shall develop a method to ensure that all data is received accurately. The Commissioner, with the approval of the Governor, may destroy the record of any conviction, forfeiture, assignment, acceptance, or judgment, when three years has elapsed from the date thereof, except records of conviction or forfeiture on charges of reckless driving and speeding, which records may be destroyed when five years has elapsed from the date thereof, and further excepting those records that alone, or in connection with other records, will require suspension or revocation or disqualification of a license or registration under any applicable provisions of this title.C\n\nThe records required to be kept may, in the discretion of the Commissioner, be kept by electronic media or by photographic processes and when so done the abstract of the record may be destroyed.D\n\nThe Code section and description of an offense referenced in an abstract for any juvenile adjudication obtained from a district court or clerk of circuit court pursuant to subdivision A 9 of &#xA7; 16.1-278.8, &#xA7; 16.1-278.9, clause (iii) of subdivision A 1 of &#xA7; 46.2-382, or any other provision of law that does not involve an offense referenced in subsection A or an offense involving the operation of a motor vehicle shall be available only to the person himself, his parent or guardian, law-enforcement officers, attorneys for the Commonwealth, and courts.","order_by":null,"text":{"0":{"id":204488,"text":"In the event (i) a person is convicted of a charge described in subdivision A 1 or 2 of &#xA7; 46.2-382 or &#xA7; 46.2-382.1, (ii) a person forfeits bail or collateral or other deposit to secure the defendant&#8217;s appearance on the charges, unless the conviction has been set aside or the forfeiture vacated, (iii) a court assigns a defendant to a driver education program or alcohol treatment or rehabilitation program, or both such programs, as authorized by &#xA7; 18.2-271.1, (iv) compliance with the court&#8217;s probation order is accepted by the court in lieu of a conviction under &#xA7; 18.2-266 or the requirements specified in &#xA7; 18.2-271 as provided in &#xA7; 18.2-271.1, or (v) there is rendered a judgment for damages against a person as described in &#xA7; 46.2-382, every district court or clerk of a circuit court shall forward an abstract of the record to the Commissioner within 18 days after such conviction, forfeiture, assignment, or acceptance, and in the case of civil judgments, on the request of the judgment creditor or his attorney, within 30 days after judgment has become final. No abstract of the record in a district court shall be forwarded to the Commissioner unless the period allowed for an appeal has elapsed and no appeal has been perfected. On or after July 1, 2013, in the event that a conviction or adjudication has been nullified by separate order of the court, the clerk shall forward to the Commissioner an abstract of that record.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204489,"text":"Abstract data of conviction may be furnished to the Commissioner by electronic means provided that the content of the abstract and the certification complies with the requirements of &#xA7; 46.2-386. In cases where the abstract data is furnished by electronic means, the paper abstract shall not be required to be forwarded to the Commissioner. The Commissioner shall develop a method to ensure that all data is received accurately. The Commissioner, with the approval of the Governor, may destroy the record of any conviction, forfeiture, assignment, acceptance, or judgment, when three years has elapsed from the date thereof, except records of conviction or forfeiture on charges of reckless driving and speeding, which records may be destroyed when five years has elapsed from the date thereof, and further excepting those records that alone, or in connection with other records, will require suspension or revocation or disqualification of a license or registration under any applicable provisions of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204490,"text":"The records required to be kept may, in the discretion of the Commissioner, be kept by electronic media or by photographic processes and when so done the abstract of the record may be destroyed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204491,"text":"The Code section and description of an offense referenced in an abstract for any juvenile adjudication obtained from a district court or clerk of circuit court pursuant to subdivision A 9 of &#xA7; 16.1-278.8, &#xA7; 16.1-278.9, clause (iii) of subdivision A 1 of &#xA7; 46.2-382, or any other provision of law that does not involve an offense referenced in subsection A or an offense involving the operation of a motor vehicle shall be available only to the person himself, his parent or guardian, law-enforcement officers, attorneys for the Commonwealth, and courts.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13851,"edition_id":1,"name":"Accident Reports","identifier":"11","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":225679,"object_type":"structure","relational_id":13851,"identifier":"11","token":"46.2\/II\/3\/11","url":"\/46.2\/II\/3\/11\/","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":85198,"structure_id":13851,"section_number":"46.2-371","catch_line":"Driver to give immediate notice of certain accidents","url":"\/46.2-371\/","token":"46.2\/II\/3\/11\/46.2-371","metadata":false},{"id":66632,"structure_id":13851,"section_number":"46.2-372","catch_line":"Driver to report certain accidents in writing; certification of financial responsibility to Department; supplemental reports; reports by witnesses","url":"\/46.2-372\/","token":"46.2\/II\/3\/11\/46.2-372","metadata":false},{"id":60928,"structure_id":13851,"section_number":"46.2-373","catch_line":"Report by law-enforcement official investigating accident","url":"\/46.2-373\/","token":"46.2\/II\/3\/11\/46.2-373","metadata":false},{"id":66903,"structure_id":13851,"section_number":"46.2-373.1","catch_line":"Report of law-enforcement officer involved in accident","url":"\/46.2-373.1\/","token":"46.2\/II\/3\/11\/46.2-373.1","metadata":false},{"id":75021,"structure_id":13851,"section_number":"46.2-374","catch_line":"Department to prepare and supply forms for reports","url":"\/46.2-374\/","token":"46.2\/II\/3\/11\/46.2-374","metadata":false},{"id":79660,"structure_id":13851,"section_number":"46.2-375","catch_line":"Reports by medical examiners of deaths resulting from accidents","url":"\/46.2-375\/","token":"46.2\/II\/3\/11\/46.2-375","metadata":false},{"id":86185,"structure_id":13851,"section_number":"46.2-376","catch_line":"Report required of person in charge of garage or repair shop","url":"\/46.2-376\/","token":"46.2\/II\/3\/11\/46.2-376","metadata":false},{"id":86462,"structure_id":13851,"section_number":"46.2-377","catch_line":"Reports made by garages to be without prejudice and confidential; exceptions","url":"\/46.2-377\/","token":"46.2\/II\/3\/11\/46.2-377","metadata":false},{"id":57848,"structure_id":13851,"section_number":"46.2-378","catch_line":"Extent to which reports may be used as evidence","url":"\/46.2-378\/","token":"46.2\/II\/3\/11\/46.2-378","metadata":false},{"id":62688,"structure_id":13851,"section_number":"46.2-379","catch_line":"Use of crash reports made by investigating officers","url":"\/46.2-379\/","token":"46.2\/II\/3\/11\/46.2-379","metadata":false},{"id":60523,"structure_id":13851,"section_number":"46.2-380","catch_line":"Reports made under certain sections open to inspection by certain persons; copies; maintenance of reports and photographs for three-year period","url":"\/46.2-380\/","token":"46.2\/II\/3\/11\/46.2-380","metadata":false},{"id":84456,"structure_id":13851,"section_number":"46.2-381","catch_line":"Accident reports required by county or municipal ordinance; copies","url":"\/46.2-381\/","token":"46.2\/II\/3\/11\/46.2-381","metadata":false},{"id":55524,"structure_id":13851,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","url":"\/46.2-382\/","token":"46.2\/II\/3\/11\/46.2-382","metadata":false},{"id":68938,"structure_id":13851,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","url":"\/46.2-382.1\/","token":"46.2\/II\/3\/11\/46.2-382.1","metadata":false},{"id":55824,"structure_id":13851,"section_number":"46.2-383","catch_line":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk's fee for reports","url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","metadata":false},{"id":65847,"structure_id":13851,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records","url":"\/46.2-384\/","token":"46.2\/II\/3\/11\/46.2-384","metadata":false},{"id":57729,"structure_id":13851,"section_number":"46.2-385","catch_line":"Prosecuting attorneys to appear in certain cases","url":"\/46.2-385\/","token":"46.2\/II\/3\/11\/46.2-385","metadata":false},{"id":59992,"structure_id":13851,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","url":"\/46.2-386\/","token":"46.2\/II\/3\/11\/46.2-386","metadata":false},{"id":68441,"structure_id":13851,"section_number":"46.2-387","catch_line":"Penalty for failure to forward record of conviction or of judgment for damages","url":"\/46.2-387\/","token":"46.2\/II\/3\/11\/46.2-387","metadata":false},{"id":54873,"structure_id":13851,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","url":"\/46.2-388\/","token":"46.2\/II\/3\/11\/46.2-388","metadata":false}],"previous_section":{"id":68938,"structure_id":13851,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","url":"\/46.2-382.1\/","token":"46.2\/II\/3\/11\/46.2-382.1","metadata":false},"next_section":{"id":65847,"structure_id":13851,"section_number":"46.2-384","catch_line":"Law-enforcement officers arresting drivers for certain offenses to request abstracts or transcripts of drivers' conviction records","url":"\/46.2-384\/","token":"46.2\/II\/3\/11\/46.2-384","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-383\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 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 1952, chapter 188; in 1954, chapter 168; in 1958, chapter 541; in 1960, chapter 179; in 1966, chapter 376; in 1968, chapter 335; in 1972, chapter 406; in 1976, chapters 28, 336, and 505; in 1978, chapter 134; in 1979, chapter 594; in 1988, chapters 770 and 852; in 1989, chapters 705 and 727; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0258\">258<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0263\">263<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0478\">478<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0964\">964<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0965\">965<\/a>.<\/p>","references":[{"id":87014,"section_number":"16.1-305","catch_line":"Confidentiality of court records","order_by":null,"url":"\/16.1-305\/"},{"id":66357,"section_number":"16.1-306","catch_line":"Expungement of court records","order_by":null,"url":"\/16.1-306\/"},{"id":61806,"section_number":"16.1-69.48","catch_line":"Fees and fines","order_by":null,"url":"\/16.1-69.48\/"},{"id":80087,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","order_by":null,"url":"\/33.2-501\/"},{"id":54759,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","order_by":null,"url":"\/33.2-503\/"},{"id":67994,"section_number":"46.2-1133","catch_line":"Special processing provisions for overweight violations","order_by":null,"url":"\/46.2-1133\/"},{"id":57729,"section_number":"46.2-385","catch_line":"Prosecuting attorneys to appear in certain cases","order_by":null,"url":"\/46.2-385\/"},{"id":59992,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","order_by":null,"url":"\/46.2-386\/"},{"id":54873,"section_number":"46.2-388","catch_line":"Uniform summons to be used for reportable motor vehicle law violations; citations","order_by":null,"url":"\/46.2-388\/"},{"id":81143,"section_number":"46.2-405","catch_line":"How hearings to be conducted","order_by":null,"url":"\/46.2-405\/"},{"id":77040,"section_number":"46.2-409","catch_line":"Certain abstracts of conviction to be prima facie evidence of conviction","order_by":null,"url":"\/46.2-409\/"},{"id":59312,"section_number":"46.2-492","catch_line":"Uniform Demerit Point System","order_by":null,"url":"\/46.2-492\/"},{"id":77914,"section_number":"46.2-613.3","catch_line":"Special processing provisions for civil penalties levied for violation of license, registration, and tax requirements and vehicle size limitations","order_by":null,"url":"\/46.2-613.3\/"},{"id":66695,"section_number":"46.2-707","catch_line":"Operation of uninsured vehicle; false evidence of insurance; penalty","order_by":null,"url":"\/46.2-707\/"}],"refers_to":[{"id":62824,"section_number":"16.1-278.8","catch_line":"Delinquent juveniles","order_by":null,"url":"\/16.1-278.8\/"},{"id":74546,"section_number":"16.1-278.9","catch_line":"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy","order_by":null,"url":"\/16.1-278.9\/"},{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":80969,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","order_by":null,"url":"\/18.2-271\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":55524,"section_number":"46.2-382","catch_line":"Courts to keep full records of certain cases","order_by":null,"url":"\/46.2-382\/"},{"id":68938,"section_number":"46.2-382.1","catch_line":"Courts to make findings relating to commercial motor vehicles","order_by":null,"url":"\/46.2-382.1\/"},{"id":59992,"section_number":"46.2-386","catch_line":"Forms for and information to be contained in abstracts; certification","order_by":null,"url":"\/46.2-386\/"}],"permalink":{"id":225737,"object_type":"law","relational_id":55824,"identifier":"46.2-383","token":"46.2\/II\/3\/11\/46.2-383","url":"\/46.2-383\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-383\/","token":"46.2\/II\/3\/11\/46.2-383","dublin_core":{"Title":"Courts to forward abstracts of records or furnish abstract data of conviction by electronic means in certain cases; records in office of Department; inspection; clerk&#8217;s fee for reports","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-383","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> In the event (i) a person is convicted of a charge described in subdivision A 1 or 2 of &#xA7; <a class=\"law\" title=\"Courts to keep full records of certain cases\" href=\"\/46.2-382\/\">46.2-382<\/a> or &#xA7; <a class=\"law\" title=\"Courts to make findings relating to commercial motor vehicles\" href=\"\/46.2-382.1\/\">46.2-382.1<\/a>, (ii) a person forfeits <span class=\"dictionary\">bail<\/span> or <span class=\"dictionary\">collateral<\/span> or other deposit to secure the <span class=\"dictionary\">defendant<\/span>&#8217;s <span class=\"dictionary\">appearance<\/span> on the charges, unless the <span class=\"dictionary\">conviction<\/span> has been set aside or the forfeiture vacated, (iii) a <span class=\"dictionary\">court<\/span> assigns a <span class=\"dictionary\">defendant<\/span> to a <span class=\"dictionary\">driver<\/span> education program or alcohol treatment or rehabilitation program, or both such programs, as authorized by &#xA7; <a class=\"law\" title=\"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law\" href=\"\/18.2-271.1\/\">18.2-271.1<\/a>, (iv) compliance with the <span class=\"dictionary\">court<\/span>&#8217;s <span class=\"dictionary\">probation<\/span> <span class=\"dictionary\">order<\/span> is accepted by the <span class=\"dictionary\">court<\/span> in lieu of a <span class=\"dictionary\">conviction<\/span> under &#xA7; <a class=\"law\" title=\"Driving motor vehicle, engine, etc., while intoxicated, etc\" href=\"\/18.2-266\/\">18.2-266<\/a> or the requirements specified in &#xA7; <a class=\"law\" title=\"Forfeiture of driver&#039;s license for driving while intoxicated\" href=\"\/18.2-271\/\">18.2-271<\/a> as provided in &#xA7; <a class=\"law\" title=\"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law\" href=\"\/18.2-271.1\/\">18.2-271.1<\/a>, or (v) there is rendered a judgment for <span class=\"dictionary\">damages<\/span> against a person as described in &#xA7; <a class=\"law\" title=\"Courts to keep full records of certain cases\" href=\"\/46.2-382\/\">46.2-382<\/a>, every district <span class=\"dictionary\">court<\/span> or clerk of a <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> shall forward an abstract of the record to the <span class=\"dictionary\">Commissioner<\/span> within 18 days after such <span class=\"dictionary\">conviction<\/span>, forfeiture, assignment, or acceptance, and in the case of civil <span class=\"dictionary\">judgments<\/span>, on the request of the <span class=\"dictionary\">judgment creditor<\/span> or his attorney, within 30 days after judgment has become final. No abstract of the record in a district <span class=\"dictionary\">court<\/span> shall be forwarded to the <span class=\"dictionary\">Commissioner<\/span> unless the period allowed for an <span class=\"dictionary\">appeal<\/span> has elapsed and no <span class=\"dictionary\">appeal<\/span> has been perfected. On or after July 1, 2013, in the event that a <span class=\"dictionary\">conviction<\/span> or adjudication has been nullified by separate <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">court<\/span>, the clerk shall forward to the <span class=\"dictionary\">Commissioner<\/span> an abstract of that record. <a id=\"paragraph-204488\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-383\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Abstract data of <span class=\"dictionary\">conviction<\/span> may be furnished to the <span class=\"dictionary\">Commissioner<\/span> by electronic means provided that the content of the abstract and the certification complies with the requirements of &#xA7; <a class=\"law\" title=\"Forms for and information to be contained in abstracts; certification\" href=\"\/46.2-386\/\">46.2-386<\/a>. In cases where the abstract data is furnished by electronic means, the paper abstract shall not be required to be forwarded to the <span class=\"dictionary\">Commissioner<\/span>. The <span class=\"dictionary\">Commissioner<\/span> shall develop a method to ensure that all data is received accurately. The <span class=\"dictionary\">Commissioner<\/span>, with the approval of the Governor, may destroy the record of any <span class=\"dictionary\">conviction<\/span>, forfeiture, assignment, acceptance, or judgment, when three years has elapsed from the date thereof, except records of <span class=\"dictionary\">conviction<\/span> or forfeiture on charges of <span class=\"dictionary\">reckless driving<\/span> and speeding, which records may be destroyed when five years has elapsed from the date thereof, and further excepting those records that alone, or in connection with other records, will require <span class=\"dictionary\">suspension<\/span> or <span class=\"dictionary\">revocation<\/span> or disqualification of a license or registration under any applicable provisions of this title. <a id=\"paragraph-204489\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-383\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The records required to be kept may, in the discretion of the <span class=\"dictionary\">Commissioner<\/span>, be kept by electronic media or by photographic processes and when so done the abstract of the record may be destroyed. <a id=\"paragraph-204490\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-383\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The Code section and description of an <span class=\"dictionary\">offense<\/span> referenced in an abstract for any juvenile adjudication obtained from a district <span class=\"dictionary\">court<\/span> or clerk of <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> pursuant to subdivision A 9 of &#xA7; <a class=\"law\" title=\"Delinquent juveniles\" href=\"\/16.1-278.8\/\">16.1-278.8<\/a>, &#xA7; <a class=\"law\" title=\"Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy\" href=\"\/16.1-278.9\/\">16.1-278.9<\/a>, clause (iii) of subdivision A 1 of &#xA7; <a class=\"law\" title=\"Courts to keep full records of certain cases\" href=\"\/46.2-382\/\">46.2-382<\/a>, or any other provision of <span class=\"dictionary\">law<\/span> that does not involve an <span class=\"dictionary\">offense<\/span> referenced in subsection A or an <span class=\"dictionary\">offense<\/span> involving the operation of a <span class=\"dictionary\">motor vehicle<\/span> shall be available only to the person himself, his parent or guardian, <span class=\"dictionary\"><span class=\"dictionary\">law<\/span>-enforcement officers<\/span>, attorneys for the Commonwealth, and <span class=\"dictionary\">courts<\/span>. <a id=\"paragraph-204491\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-383\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOURTS TO FORWARD ABSTRACTS OF RECORDS OR FURNISH ABSTRACT DATA OF CONVICTION BY\nELECTRONIC MEANS IN CERTAIN CASES; RECORDS IN OFFICE OF DEPARTMENT; INSPECTION;\nCLERK&#8217;S FEE FOR REPORTS (\u00a7 46.2-383)\n\nA. In the event (i) a person is convicted of a charge described in subdivision A\n1 or 2 of &#xA7; 46.2-382 or &#xA7; 46.2-382.1, (ii) a person forfeits bail or\ncollateral or other deposit to secure the defendant&#8217;s appearance on the\ncharges, unless the conviction has been set aside or the forfeiture vacated,\n(iii) a court assigns a defendant to a driver education program or alcohol\ntreatment or rehabilitation program, or both such programs, as authorized by\n&#xA7; 18.2-271.1, (iv) compliance with the court&#8217;s probation order is\naccepted by the court in lieu of a conviction under &#xA7; 18.2-266 or the\nrequirements specified in &#xA7; 18.2-271 as provided in &#xA7; 18.2-271.1, or\n(v) there is rendered a judgment for damages against a person as described in\n&#xA7; 46.2-382, every district court or clerk of a circuit court shall forward\nan abstract of the record to the Commissioner within 18 days after such\nconviction, forfeiture, assignment, or acceptance, and in the case of civil\njudgments, on the request of the judgment creditor or his attorney, within 30\ndays after judgment has become final. No abstract of the record in a district\ncourt shall be forwarded to the Commissioner unless the period allowed for an\nappeal has elapsed and no appeal has been perfected. On or after July 1, 2013,\nin the event that a conviction or adjudication has been nullified by separate\norder of the court, the clerk shall forward to the Commissioner an abstract of\nthat record.\n\nB. Abstract data of conviction may be furnished to the Commissioner by\nelectronic means provided that the content of the abstract and the certification\ncomplies with the requirements of &#xA7; 46.2-386. In cases where the abstract\ndata is furnished by electronic means, the paper abstract shall not be required\nto be forwarded to the Commissioner. The Commissioner shall develop a method to\nensure that all data is received accurately. The Commissioner, with the approval\nof the Governor, may destroy the record of any conviction, forfeiture,\nassignment, acceptance, or judgment, when three years has elapsed from the date\nthereof, except records of conviction or forfeiture on charges of reckless\ndriving and speeding, which records may be destroyed when five years has elapsed\nfrom the date thereof, and further excepting those records that alone, or in\nconnection with other records, will require suspension or revocation or\ndisqualification of a license or registration under any applicable provisions of\nthis title.\n\nC. The records required to be kept may, in the discretion of the Commissioner,\nbe kept by electronic media or by photographic processes and when so done the\nabstract of the record may be destroyed.\n\nD. The Code section and description of an offense referenced in an abstract for\nany juvenile adjudication obtained from a district court or clerk of circuit\ncourt pursuant to subdivision A 9 of &#xA7; 16.1-278.8, &#xA7; 16.1-278.9,\nclause (iii) of subdivision A 1 of &#xA7; 46.2-382, or any other provision of\nlaw that does not involve an offense referenced in subsection A or an offense\ninvolving the operation of a motor vehicle shall be available only to the person\nhimself, his parent or guardian, law-enforcement officers, attorneys for the\nCommonwealth, and courts.\n\nHISTORY: Code 1950, \u00a7\u00a7 46-195, 46-414; 1952, c. 188; 1954, c. 168; 1958, c.\n541, \u00a7 46.1-413; 1960, c. 179; 1966, c. 376; 1968, c. 335; 1972, c. 406; 1976,\ncc. 28, 336, 505; 1978, c. 134; 1979, c. 594; 1988, cc. 770, 852; 1989, cc. 705,\n727; 2002, c. 258; 2013, c. 263; 2015, c. 478; 2020, cc. 964, 965.","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}}