Overview Description

Records relating to a traffic infraction under Title 46.2 that are not punishable as a criminal offense shall be sealed by the Department of Motor Vehicles, unless such sealing is prohibited under federal or state law.  Va. Code Ann. § 19.2-392.17(B).

Ineligible Category or Citation

The Department of Motor Vehicles shall not seal a record of a traffic infraction if a person is subject to an administrative suspension issued pursuant to the Driver Improvement Program requirements under Va. Code Ann. §§§ 46.2-498, 46.2-499, or 46.2-506.  Va. Code Ann. § 19.2-392.17(C).

Procedure General

The procedure is automatic. Va. Code Ann. § 19.2-392.17(A).

Fees

There is no statutory language regarding fees.

Effect

Upon entry of an order for sealing, the Department of Motor Vehicles shall seal all records if the federal regulatory record retention period has run and all federal program requirements associated with a suspension have been satisfied. Va. Code Ann. § 19.2-392.17(B).

(non-prod server)