                                 CODE OF VIRGINIA

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 (§ 46.2-383)

A. 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.

B. 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.

C. 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.

D. 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.

HISTORY: Code 1950, §§ 46-195, 46-414; 1952, c. 188; 1954, c. 168; 1958, c.
541, § 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.