{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-409.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-409.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-409.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-409.html"}],"law_id":77040,"edition_id":1,"section_id":77040,"structure_id":14811,"section_number":"46.2-409","catch_line":"Certain abstracts of conviction to be prima facie evidence of conviction","history":"1966, c. 183, \u00a7 46.1-436.1; 1989, c. 727.","full_text":"In any administrative hearing conducted by the Commissioner or his designee pursuant to this article, an abstract showing a conviction of the violation of any of the provisions of this title, submitted as provided by \u00a7 46.2-383 by the court in which the conviction was had, shall be prima facie evidence that the person named in the abstract was duly convicted of the violation, and the burden shall be on any person challenging the propriety of the conviction to show that the conviction was improper.","order_by":null,"text":{"0":{"id":276439,"text":"In any administrative hearing conducted by the Commissioner or his designee pursuant to this article, an abstract showing a conviction of the violation of any of the provisions of this title, submitted as provided by \u00a7 46.2-383 by the court in which the conviction was had, shall be prima facie evidence that the person named in the abstract was duly convicted of the violation, and the burden shall be on any person challenging the propriety of the conviction to show that the conviction was improper.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14811,"edition_id":1,"name":"Suspension and Revocation of Licenses, Generally; 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offenses under the laws of other jurisdictions","url":"\/46.2-410.2\/","token":"46.2\/II\/3\/12\/46.2-410.2","metadata":false},{"id":60308,"structure_id":14811,"section_number":"46.2-411","catch_line":"Reinstatement of suspended or revoked license or other privilege to operate or register a motor vehicle; proof of financial responsibility; reinstatement fee","url":"\/46.2-411\/","token":"46.2\/II\/3\/12\/46.2-411","metadata":false},{"id":86068,"structure_id":14811,"section_number":"46.2-411.1","catch_line":"Reinstatement of driver's license suspended or revoked for a conviction of driving while intoxicated","url":"\/46.2-411.1\/","token":"46.2\/II\/3\/12\/46.2-411.1","metadata":false},{"id":78915,"structure_id":14811,"section_number":"46.2-412","catch_line":"Time suspension or revocation","url":"\/46.2-412\/","token":"46.2\/II\/3\/12\/46.2-412","metadata":false},{"id":64511,"structure_id":14811,"section_number":"46.2-413","catch_line":"Effect of reversal of conviction","url":"\/46.2-413\/","token":"46.2\/II\/3\/12\/46.2-413","metadata":false},{"id":72945,"structure_id":14811,"section_number":"46.2-414","catch_line":"Commencement of periods for suspension or revocation of licenses, registration cards, or license plates","url":"\/46.2-414\/","token":"46.2\/II\/3\/12\/46.2-414","metadata":false},{"id":80334,"structure_id":14811,"section_number":"46.2-415","catch_line":"United States magistrates and judges of district courts authorized to revoke or suspend driver's license under certain conditions","url":"\/46.2-415\/","token":"46.2\/II\/3\/12\/46.2-415","metadata":false},{"id":57478,"structure_id":14811,"section_number":"46.2-416","catch_line":"Notice of suspension or revocation of license","url":"\/46.2-416\/","token":"46.2\/II\/3\/12\/46.2-416","metadata":false},{"id":69507,"structure_id":14811,"section_number":"46.2-416.1","catch_line":"Repealed","url":"\/46.2-416.1\/","token":"46.2\/II\/3\/12\/46.2-416.1","metadata":false}],"previous_section":{"id":75310,"structure_id":14811,"section_number":"46.2-408","catch_line":"When Commissioner may suspend or revoke license for no more than five years","url":"\/46.2-408\/","token":"46.2\/II\/3\/12\/46.2-408","metadata":false},"next_section":{"id":76313,"structure_id":14811,"section_number":"46.2-410","catch_line":"Appeals from order suspending or revoking license or registration","url":"\/46.2-410\/","token":"46.2\/II\/3\/12\/46.2-410","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-409\/","history_text":"<p>This law was first created in 1966. The record of its establishment is cataloged in chapter 183 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 1966 \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 1989, chapter 727.<\/p>","references":false,"refers_to":[{"id":55824,"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","order_by":null,"url":"\/46.2-383\/"}],"permalink":{"id":225879,"object_type":"law","relational_id":77040,"identifier":"46.2-409","token":"46.2\/II\/3\/12\/46.2-409","url":"\/46.2-409\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-409\/","token":"46.2\/II\/3\/12\/46.2-409","dublin_core":{"Title":"Certain abstracts of conviction to be prima facie evidence of conviction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-409","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In any administrative <span class=\"dictionary\">hearing<\/span> conducted by the <span class=\"dictionary\">Commissioner<\/span> or his designee pursuant to this article, an abstract showing a <span class=\"dictionary\">conviction<\/span> of the violation of any of the provisions of this title, submitted as provided by \u00a7&nbsp;<a class=\"law\" 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&#039;s fee for reports\" href=\"\/46.2-383\/\">46.2-383<\/a> by the <span class=\"dictionary\">court<\/span> in which the <span class=\"dictionary\">conviction<\/span> was had, shall be prima facie <span class=\"dictionary\">evidence<\/span> that the person named in the abstract was duly convicted of the violation, and the burden shall be on any person challenging the propriety of the <span class=\"dictionary\">conviction<\/span> to show that the <span class=\"dictionary\">conviction<\/span> was improper.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTAIN ABSTRACTS OF CONVICTION TO BE PRIMA FACIE EVIDENCE OF CONVICTION (\u00a7\n46.2-409)\n\nIn any administrative hearing conducted by the Commissioner or his designee\npursuant to this article, an abstract showing a conviction of the violation of\nany of the provisions of this title, submitted as provided by \u00a7 46.2-383 by the\ncourt in which the conviction was had, shall be prima facie evidence that the\nperson named in the abstract was duly convicted of the violation, and the burden\nshall be on any person challenging the propriety of the conviction to show that\nthe conviction was improper.\n\nHISTORY: 1966, c. 183, \u00a7 46.1-436.1; 1989, c. 727.","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}}