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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 46.2-383 of the Code of Virginia is amended and reenacted as follows:
§ 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.
A. In the event (i) a person is convicted of a charge described in subdivision
1 or 2 of § 46.2-382 or § 46.2-382.1 or (ii) a person fails or refuses to pay
any fine, costs, forfeiture, restitution or penalty, or any installment thereof, imposed
in any traffic case, or (iii) a person forfeits bail or collateral or other deposit to
secure the defendant's appearance on the charges, unless the conviction has
been set aside or the forfeiture vacated, or (iv) a court assigns a defendant
to a driver education program or alcohol treatment or rehabilitation program,
or both such programs, as authorized by § 18.2-271.1, or (v) compliance with
the court's probation order is accepted by the court in lieu of a conviction
under § 18.2-266 or the 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 an abstract of the record to the Commissioner within fifteen
eighteen days, or in the case of civil judgments, on the request of the
judgment creditor or his attorney, thirty days after the conviction,
forfeiture, assignment, acceptance, or judgment has become final without appeal
or has become final by affirmance on appeal.
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 § 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.