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Virginia Driving Records

Virginia driving records offer a detailed view of an individual's traffic history, which impacts insurance rates and job opportunities, particularly in transportation and logistics. Companies use these records for risk assessment and regulatory compliance, especially in the trucking and ridesharing industries. 

The Virginia Department of Motor Vehicles (DMV) manages these records. It oversees the state's point system for traffic violations and good behavior and also administers the Mandatory Record Monitoring Program by informing employers about license suspensions for specific professions, such as school bus drivers. 

The Virginia Public Records Act (VPRA) governs access to these documents by balancing transparency with privacy safeguards. While most records are public, some remain confidential for 75 years.

Types of Driving Records Available in Virginia

The Virginia DMV maintains various driving records, each serving a different purpose. Understanding these records is essential for drivers, employers, and institutions.

Personal Use Records

This record includes up to 11 years of a driver's most recent history and is primarily for personal use. It provides a comprehensive overview of past driving behavior, including traffic violations.

Employment/School/Military Records

This record contains up to seven years of driving history. Employers, schools, and military branches often require it to evaluate a driver's suitability. The driver must authorize the release of this record through a signed release form.

Transportation Network Companies (TNC) Records

Specifically requested by Transportation Network Companies, this record covers up to seven years of driving history. It is used to assess eligibility for employment as a driver for services like Uber or Lyft.

Insurance Records

This record includes a summary of driving history for the past five years, specifically for insurance purposes. Insurers use this information to determine risk and set premiums accordingly.

Habitual Offender Restoration Records

Drivers petitioning the court for the restoration of their driver's license may need this record, which contains up to 11 years of driving history. It is used to assess whether the driver has reformed since being designated a habitual offender.

Mandatory Record Monitoring Program

Certain professions, like school bus drivers and driving instructors, require ongoing record monitoring. The Virginia DMV automatically notifies employers if a license is suspended or revoked.

How To Request a Virginia Driving History Report?

Motorists can obtain their Virginia driving history report through various methods: online, in person, or by mail. Each method requires specific steps and documentation to ensure accurate processing.

Online Request

To request a driving history report online, drivers should access the Virginia MyDMV Online System. 

The process involves providing either the customer number from a Virginia driver’s license or a Social Security Number, along with the required payment. The report can be reviewed immediately online or sent via mail upon request.

In-Person Request

For those who prefer an in-person request, a visit to a Virginia DMV office is necessary. Drivers must present a completed Information Request (Form CRD-93), valid identification (such as a Virginia driver's license or state-issued photo ID), and payment. 

Mail Request

Requesting a driving record by mail involves sending a written request or a completed Form CRD-93 to:

Virginia Department of Motor Vehicles

Attention: Customer Records Work Center

P.O. Box 27412

Richmond, VA 23269

This request must include the driver’s full name, address, Social Security Number, and the reason for the request, along with payment. Once the request is processed, the Virginia DMV will mail the driving record.

Fees and Payment Methods

When ordering a driving record, the following fees apply:

  • Uncertified record (in-person or by mail): $9
  • Uncertified record (online): $8
  • Certified record: Additional $5

The following payment methods are available for processing requests:

  • Online: Electronic check (e-check) or credit/debit cards (Discover, MasterCard, VISA, American Express)
  • In Person: Cash, check, electronic check (e-check), money order, or credit/debit cards (Discover, MasterCard, VISA, American Express)
  • By Mail: Check or money order payable to the Virginia DMV

Uses of Virginia Driving Records

Under the Virginia Public Records Act, driving records serve various important functions for both individuals and organizations. 

These records are utilized to assess driving behavior, which guarantees road safety and makes informed decisions regarding vehicle-related matters. Here are the key uses of driving records in Virginia:

  • Insurance companies assess driving history to set premiums and evaluate risk.
  • Employers in driving-related fields review records to judge safety and suitability.
  • Driving records are used as evidence in traffic court cases and personal injury lawsuits.
  • The Virginia DMV checks records during license renewals and reinstatements to ensure compliance.
  • Financial institutions may review driving records when processing vehicle-related loans.
  • Records are checked during vehicle registration to confirm the owner's driving history.
  • Courts may request driving records for determining penalties or compliance with court orders.
  • Records are reviewed to contest or appeal traffic violations and associated fines.
  • Driving records verify eligibility and progress in driver improvement programs.
  • Driving records may be included in general background checks for a complete view of an individual's history.

Understanding Virginia Driving Laws

Virginia’s driving laws cover offenses from licensing to driving while intoxicated (DWI), with detailed penalties outlining the legal consequences for various violations.

Licensing Laws and Penalties

In Virginia, driving without a valid license is a Class 2 misdemeanor, punishable by up to $1,000 in fines and six months in jail, as outlined in Virginia Code Section 46.2-300. 

A second violation is a Class 1 misdemeanor, resulting in up to one year in jail, a $2,500 fine, and possible vehicle impoundment for up to three days, excluding minors and those with recently expired licenses.

Driving on a suspended or revoked license, particularly due to a DWI, incurs severe penalties, including fines, extended suspensions, and potential felony charges under VA Code Section 18.2-272.

Speeding Laws and Penalties

Speeding violations in Virginia include absolute speed limits and the basic speeding law. According to VA Code Sections 46.2-870, 46.2-873, 46.2-873.1, and 46.2-874, driving over posted limits, such as 25 miles per hour (mph) in school zones or 55-70 mph on highways, is illegal.

VA Code Section 46.2-861 specifies that drivers must adjust their speed to match road conditions, regardless of the posted limit.
 

Unsafe speeding can lead to reckless driving charges, a Class 1 misdemeanor with potential penalties of up to six months in jail and a $1,000 fine. Speeding fines and points may also result in license suspension.

Reckless and Improper Driving Laws and Penalties

Reckless driving includes violations like unsafe passing and faulty brakes, per VA Code Section 46.2-852 through Section 46.2-867. This Class 1 misdemeanor can lead to up to six months in jail, a $1,000 fine, and an additional $250 fine for cell phone use. 

License suspension for up to six months is also possible. For lesser offenses, "improper driving," as specified in VA Code Section 46.2-869, is a traffic infraction with a maximum $500 fine and no jail time. 

Driving under the influence (DUI) cases can be plea-bargained to a "wet reckless," carrying the same penalties and potentially requiring an alcohol safety program.

Driving While Intoxicated

Virginia's DWI laws, under VA Code Section 18.2-266, prohibit driving with a blood alcohol content (BAC) of .08% or more or specific levels of drugs like cocaine or methamphetamine. A DWI can be based on observable impairment from alcohol or drugs or per se limits for drugs.

Convictions typically result in up to 12 months in jail, fines up to $2,500, and mandatory ignition interlock devices for repeat offenses. Refusal to take chemical tests leads to a license suspension per VA Code Section 18.2-268.3.

For drivers under 21, a BAC of .02% or more results in a “baby DWI,” which can carry up to $2,500 in fines and a one-year license suspension, as specified in VA Code Section 18.2-266. 

The Point System in Virginia

Virginia’s driving point system tracks traffic violations based on severity, categorizing them into 3-point, 4-point, and 6-point levels. Demerit points are added for moving violations, with higher points indicating more serious infractions. 

For example, reckless driving, DUI, and driving on a suspended license are 6-point violations, while minor offenses like speeding 1-9 mph over the limit are 3 or 4 points.

Consequences of Demerit Points and Benefits of Safe Driving Points

Accumulating 12 demerit points in 12 months or 18 points in 24 months requires attending a Virginia DMV-approved driver improvement clinic. Exceeding these limits may result in license suspension. Demerit points stay on the record for two years, but serious offenses, like DUIs, can affect insurance rates longer.

Drivers in Virginia can earn up to five safe driving points by maintaining a clean record for a year or completing a driver improvement clinic. 

These points help offset demerit points from violations, reduce the risk of license suspension, and can lead to lower insurance rates. However, points from court-ordered clinics do not count towards this total. 

Drivers are on probation for six months after their licenses are suspended. Any new demerit points earned during this period can lead to further suspension.

Criminal vs. Civil Driving Offenses in Virginia

Motorists in Virginia must be aware of the crucial differences between criminal and civil driving offenses to avoid unexpected legal troubles. Understanding these distinctions can help navigate the complex landscape of driving regulations and penalties more effectively.

Criminal Driving Offenses and Their Penalties

In Virginia, driving offenses are divided into felonies and misdemeanors. Felony violations include third DUI offenses and hit-and-run accidents that cause serious injury or death. Depending on the felony class, these can lead to severe consequences, including imprisonment for up to life and fines reaching $100,000.

Misdemeanors, such as first and second DUIs or significant speeding, are less severe but still carry substantial penalties. 

Class 1 misdemeanors may result in up to 12 months in jail and a $2,500 fine, while Class 2 misdemeanors can lead to up to 6 months in jail and a $1,000 fine. For instance, a hit-and-run involving injury is classified as a Class 1 misdemeanor.

Civil Driving Offenses and Their Penalties

Civil driving offenses in Virginia, known as traffic infractions, are less severe than criminal violations. Examples include speeding, illegal parking, and driving with defective lights. Infractions typically result in fines of up to $500 and do not involve jail time. 

For instance, speeding ten mph over the limit may incur a $100 fine, while driving with a broken taillight could result in a $50 fine. 

Although infractions do not lead to a criminal record, they can affect a driver’s record through demerit points and, if accumulated, may lead to license suspension.

Virginia Driving Statistics and Goals

Virginia's "Arrive Alive" Strategic Highway Safety Plan (SHSP) aims to eliminate traffic fatalities and serious injuries. The state has set interim goals to reduce fatalities by 2% and serious injuries by 5% annually until 2025.

In 2022, Virginia recorded 968 traffic fatalities, a slight decrease from the previous year. While this represents a minor improvement, the state acknowledges the need for continued efforts to achieve its long-term vision of zero deaths.

To reach these objectives, Virginia focuses on critical areas such as impaired driving, speeding, and distracted driving. The state implements various strategies, including enhanced law enforcement, public education campaigns, and infrastructure improvements. Additionally, Virginia emphasizes the importance of seatbelt use and motorcycle safety.

Frequently Asked Questions About Virginia Driving Records

Here are answers to some common questions regarding driving records in Virginia:

How To Correct an Error on a Driving Record?

To correct errors on a Virginia driving record, drivers should first obtain a copy from the Virginia DMV. Correction requests, supported by relevant documentation, can be submitted either by mail or in person at a DMV office. 

For court-related errors, contacting the appropriate Virginia court is necessary, while errors in crash reports should be addressed with the local law enforcement agency that filed the report. The Virginia DMV carefully reviews each correction request to ensure accuracy before making any updates to the driving record.

Can Individuals and Third-Parties Obtain Reduced Rates or Free Employment Driving Record Transcripts?

Under certain conditions, driving record transcripts can be obtained at reduced rates or at no cost for employment purposes. Federal, state, or local government agencies, including law enforcement and courts, receive transcripts free of charge with proof of need and membership. 

Additionally, individuals affiliated with organizations like Big Brothers Big Sisters of America (Virginia affiliate), Compeer (Virginia affiliate), or volunteer vehicle operators with the American Red Cross, Civil Air Patrol, or Faith in Action in Virginia can access transcripts at reduced rates with written proof of affiliation.

Can Driving Records Be Affected and Expunged for Traffic Violations in Virginia?

In Virginia, traffic infractions do not impact driving records. Misdemeanors with jail time and felonies are recorded, but felony convictions cannot be expunged. Expungement is available if a person is acquitted, with records destroyed and charges effectively denied.

Minors must wait ten years to apply, while adults can petition the original court. The petition must include the file number, arrest date, and full name. Applications can be submitted by mail or in person, with a potential fee. 

A court hearing may be scheduled within 21 days. Although records are expunged, law enforcement may still access them under VA Code Section 19.2–392.3.

Individuals can explore the following resources to enhance their understanding of Virginia's driving records, traffic laws, point systems, and crash statistics.

Counties in Virginia

List of Content

  1. Types of Driving Records Available in Virginia
    1. Personal Use Records
    2. Employment/School/Military Records
    3. Transportation Network Companies (TNC) Records
    4. Insurance Records
    5. Habitual Offender Restoration Records
    6. Mandatory Record Monitoring Program
  2. How To Request a Virginia Driving History Report?
    1. Online Request
    2. In-Person Request
    3. Mail Request
    4. Fees and Payment Methods
  3. Uses of Virginia Driving Records
    1. Understanding Virginia Driving Laws
      1. Licensing Laws and Penalties
      2. Speeding Laws and Penalties
      3. Reckless and Improper Driving Laws and Penalties
      4. Driving While Intoxicated
    2. The Point System in Virginia
      1. Consequences of Demerit Points and Benefits of Safe Driving Points
    3. Criminal vs. Civil Driving Offenses in Virginia
      1. Criminal Driving Offenses and Their Penalties
      2. Civil Driving Offenses and Their Penalties
    4. Virginia Driving Statistics and Goals
      1. Frequently Asked Questions About Virginia Driving Records
        1. How To Correct an Error on a Driving Record?
        2. Can Individuals and Third-Parties Obtain Reduced Rates or Free Employment Driving Record Transcripts?
        3. Can Driving Records Be Affected and Expunged for Traffic Violations in Virginia?
      2. Helpful Links and Resources