46.2-383 - 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.
§ 46.2-383. Courts to forward abstracts of records or furnish abstract dataof conviction by electronic means in certain cases; records in office ofDepartment; inspection; clerk's fee for reports.
A. In the event (i) a person is convicted of a charge described insubdivision 1 or 2 of § 46.2-382 or § 46.2-382.1 or (ii) a person fails orrefuses to pay any fine, costs, forfeiture, restitution or penalty, or anyinstallment thereof, imposed in any traffic case, or (iii) a person forfeitsbail or collateral or other deposit to secure the defendant's appearance onthe charges, unless the conviction has been set aside or the forfeiturevacated, or (iv) a court assigns a defendant to a driver education program oralcohol treatment or rehabilitation program, or both such programs, asauthorized by § 18.2-271.1, or (v) compliance with the court's probationorder is accepted by the court in lieu of a conviction under § 18.2-266 orthe requirements specified in § 18.2-271 as provided in § 18.2-271.1, or (vi)there is rendered a judgment for damages against a person as described in §46.2-382, every district court or clerk of a circuit court shall forward anabstract of the record to the Commissioner within eighteen days, or in thecase of civil judgments, on the request of the judgment creditor or hisattorney, thirty days after the conviction, forfeiture, assignment,acceptance, or judgment has become final without appeal or has become finalby affirmance on appeal.
B. Abstract data of conviction may be furnished to the Commissioner byelectronic means provided that the content of the abstract and thecertification complies with the requirements of § 46.2-386. In cases wherethe abstract data is furnished by electronic means, the paper abstract shallnot be required to be forwarded to the Commissioner. The Commissioner shalldevelop a method to ensure that all data is received accurately. TheCommissioner, with the approval of the Governor, may destroy the record ofany conviction, forfeiture, assignment, acceptance, or judgment, when threeyears has elapsed from the date thereof, except records of conviction orforfeiture on charges of reckless driving and speeding, which records may bedestroyed when five years has elapsed from the date thereof, and furtherexcepting those records that alone, or in connection with other records, willrequire suspension or revocation or disqualification of a license orregistration under any applicable provisions of this title.
C. The records required to be kept may, in the discretion of theCommissioner, be kept by electronic media or by photographic processes andwhen so done the abstract of the record may be destroyed.
(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.)