Finding a Case

Virginia Cases: Which Court Has Yours, and What Happens Next

Before searching for a case, it helps to know which court has it and what stage it has reached. Those two facts decide where the record lives.

Virginia cases are tried in one of three trial courts: the general district court, the juvenile and domestic relations district court, or the circuit court. A traffic summons and a misdemeanor go to the general district court. A felony, a civil suit over $100 and every appeal from a district court go to the circuit court. Which court has a case decides where its record lives and what searching for it will show.

That is the first thing to settle, because the two online case searches the Commonwealth publishes are separate and neither will return the other’s cases.

Where Virginia cases are heard

Jurisdiction is not a matter of convenience. Va. Code § 16.1-123.1 gives each general district court exclusive original jurisdiction, within its county or city, for the trial of all misdemeanors and traffic infractions arising there, along with offenses against local ordinances. Va. Code § 17.1-513 gives the circuit courts original jurisdiction of all felony indictments, presentments and informations, original and general jurisdiction of civil cases other than claims for $100 or less, and appellate jurisdiction in all cases in which an appeal may be taken from a lower tribunal.

Court Hears Jury Appeal goes to
General district Traffic infractions, misdemeanors, civil claims up to the district court’s statutory limit No Circuit court, new trial
Juvenile and domestic relations district Cases involving juveniles and family matters No Circuit court, new trial
Circuit Felonies, civil claims over $100, appeals from district court Yes, where available Court of Appeals of Virginia

One practical consequence: a driver ticketed in a city looks for the case in that city’s general district court, not in the county surrounding it, and not in the circuit court whose name is on the same building.

Infraction, misdemeanor, felony: the distinction that decides everything

Virginia sorts what a person is charged with before it sorts where it is heard, and the categories are set by statute rather than by how serious the charge feels.

Va. Code § 18.2-8 is the short one that matters most to drivers: offenses are either felonies or misdemeanors, felonies being those punishable by confinement in a state correctional facility, and traffic infractions are violations of public order that are not deemed to be criminal in nature. A speeding ticket is therefore not a crime in Virginia. Reckless driving, which drivers routinely assume is a bad ticket, is a misdemeanor and therefore is.

Va. Code § 18.2-9 then sorts criminal offenses into six classes of felony and four classes of misdemeanor, and Va. Code § 18.2-11 fixes what each misdemeanor class carries:

Class Maximum punishment
Class 1 misdemeanor Up to 12 months in jail and a fine of up to $2,500, either or both
Class 2 misdemeanor Up to 6 months in jail and a fine of up to $1,000, either or both
Class 3 misdemeanor A fine of up to $500
Class 4 misdemeanor A fine of up to $250

Felony punishments are set by Va. Code § 18.2-10; the least serious, a Class 6 felony, carries one to five years, or at the discretion of the court or jury up to 12 months in jail and a fine of up to $2,500.

The category is visible in the case record, and it is the single most useful thing on the screen. It tells a reader whether the case is a criminal matter at all.

How a Virginia traffic case moves, stage by stage

  1. The summons. An officer issues a Virginia uniform summons at the roadside. It names the charge, the court, and a date. That date is a real court date, not a suggestion.
  2. The case reaches the court. The clerk’s office enters it, and the case becomes visible in the general district court’s case information search. This takes days, sometimes a few weeks.
  3. Prepayment, or a hearing. Many infractions can be disposed of by paying in advance under Va. Code § 16.1-69.40:1, which is a plea of guilty rather than a way of avoiding the charge. Reckless driving, driving under the influence, leaving the scene of an accident, driving while suspended or revoked and driving without a license are all excluded from that list and require an appearance.
  4. Disposition. The judge finds the defendant guilty, not guilty, or dismisses the charge, or the Commonwealth drops it. The disposition is entered in the case record.
  5. An appeal, if it is taken. A general district court conviction can be appealed to the circuit court. The deadline is short and fixed by statute, so the clerk’s office is the place to ask on the day of the hearing rather than a week later.
  6. Reporting. A conviction of a motor vehicle offense is reported by the court to the Department of Motor Vehicles, which applies its own demerit points to the driving record — a separate record, described on the page about Virginia driving records.

A Virginia case can be tried twice

The appeal is the stage most people misunderstand. Under § 16.1-123.1 and § 17.1-513, when an appeal of a general district court conviction is noted, jurisdiction over the charge vests in the circuit court. What follows is a fresh trial rather than a review of the first one: a district court proceeding leaves no trial transcript for a higher judge to comb through, which is why the circuit court hears the case over again.

That has two consequences for anyone reading a case record. First, the same charge may appear twice, once in each court’s system, and only the circuit court’s judgment is the final one. Second, a case that shows as a conviction in the district court may already have been overtaken. How those entries read is covered on the page about what a disposition entry actually means.

What record each stage leaves

  • The court’s case record — searchable online, showing the charge, the hearing dates and the disposition. It is an index, not the file.
  • The clerk’s case file — the motions, orders and papers themselves, available from the clerk of the court that heard the case under Va. Code § 16.1-69.54:1 for a district court or Va. Code § 17.1-208 for a circuit court, with a 30-day outer limit for a response.
  • The DMV driving record — convictions of motor vehicle offenses and the demerit points that go with them. It is not a court record and is held under different rules.
  • A criminal history record, where the offense is one that must be reported to the Central Criminal Records Exchange. Most traffic charges issued on a summons are not.

What a case record will not tell you

An online case entry is a short administrative summary, and it is easy to read more into it than it contains.

It does not prove identity. A name search matches a string of characters, not a person, and the Commonwealth’s system deliberately shows little that would distinguish two people with the same name. Anyone drawing a conclusion about a named individual from a search result is guessing, and publishing that conclusion is how defamation claims start.

It does not explain the outcome. A charge reduced from one offense to another shows as a conviction of the lesser one, with nothing about why. A dismissal does not say whether the officer failed to appear, the evidence was excluded, or the Commonwealth simply chose not to proceed. Those answers are in the clerk’s file, if they are written down anywhere.

It does not show the consequences. Demerit points, a suspension, an insurance surcharge and an employer’s background check all follow from a conviction, and none of them appear in the court’s record of it. The DMV driving record carries the points; the court record does not.

And it does not show what has been removed. Matters that have been expunged or sealed are gone from the police and court records, and the search gives no sign that anything is missing. A search that finds nothing is not proof that nothing happened, and a search that finds something may be showing only part of what there is.

Looking up your own case

The Commonwealth’s online case information system is the only current source, and it is free. Search by case number where possible, since a name search returns everyone with that name and nothing on the screen distinguishes them. The page on finding a Virginia case number explains where it is printed and what to do without it, and the page on circuit court case information covers the circuit side. Which Virginia body holds which record once the case is over — the clerk, the DMV or the State Police — is set out under Virginia public records.

Two cautions worth taking seriously. Commercial “Virginia case lookup” sites are working from old copies; §§ 17.1-208 and 16.1-69.54:1 forbid redistributing the Commonwealth’s case data to third parties, which is why this site explains the search rather than running one, and why the copies that do circulate are not maintained. And a case record is not advice: it shows what happened, not what a particular charge means for a particular person. For a pending charge — especially a misdemeanor, where jail is on the table — a Virginia traffic attorney who practices in that courthouse can say what the record cannot.

Frequently asked questions

Does Virginia have a case search?

Yes, and it is free. The Virginia judiciary publishes online case information for its circuit courts and its district courts, run by the Office of the Executive Secretary of the Supreme Court of Virginia. The two are searched separately, and each court decides which of its records appear and how far back they reach. There is no single index covering every Virginia case.

Which Virginia court hears a traffic ticket?

The general district court for the county or city where the ticket was written. Va. Code § 16.1-123.1 gives each general district court exclusive original jurisdiction to try all misdemeanors and traffic infractions arising there. A traffic case reaches a circuit court only if it is appealed, or if it is certified along with a felony charge.

Is a speeding ticket a criminal case in Virginia?

No. Va. Code § 18.2-8 defines traffic infractions as violations of public order that are not deemed criminal in nature, and a speeding charge is normally an infraction. Reckless driving is different: it is a misdemeanor, which is a criminal offense, and a Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500 under § 18.2-11.

Can a dismissed case be expunged in Virginia?

A charge that ended in an acquittal, a nolle prosequi or a dismissal can be the subject of an expungement petition in the circuit court for the county or city where it was disposed of. A conviction cannot be expunged, however minor. The petition has its own requirements and its own statute, set out on this site's page about expunging a record in Virginia.

Why does the same case appear in two Virginia courts?

Because it was appealed. When an appeal of a general district court conviction is noted, jurisdiction over the charge vests in the circuit court, which tries the case over again rather than reviewing the first trial. The district court entry stays visible, so the same charge shows in both systems. The circuit court's judgment is the one that stands.

Sources and statutes

  • Va. Code § 16.1-123.1 — Criminal and traffic jurisdiction of general district courts
  • Va. Code § 17.1-513 — Jurisdiction of circuit courts
  • Va. Code § 18.2-8 — Felonies, misdemeanors and traffic infractions defined
  • Va. Code § 18.2-9 — Classification of criminal offenses
  • Va. Code § 18.2-10 — Punishment for conviction of felony; penalty
  • Va. Code § 18.2-11 — Punishment for conviction of misdemeanor
  • Va. Code § 16.1-69.40:1 — Traffic infractions within authority of traffic violations clerk; schedule of fines
  • Va. Code § 16.1-69.54:1 — Request for district court records
  • Va. Code § 17.1-208 — Records, etc., open to inspection; copies; exception
  • Virginia's Judicial System — Online Case Information System