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Ending License Suspensions for Unpaid Court Fines and Costs (F&C) - FAQs

Where can I find the F&C change in the Virginia Code?
This legislative change is included in the 2018-2020 Appropriation Act (House Bill 1700, as adopted), § 3-6.03 Driver’s License Reinstatement Fee. The specific wording of the change can be found at HB 1700 (Chapter 854).
What is the impact of the F&C budget amendment?
Effective July 1, 2019, Virginia courts no longer ordered the suspension of an individual’s driving privilege for failure to pay court fines and costs. Additionally, any F&C suspension(s) in place as of that date were removed from DMV’s system and related reinstatement fees were waived.
Do the F&C suspensions still show on my driving record?
Suspensions for failure to pay F&C no longer show on driving records obtained for personal use, insurance use or employment purposes. However, driving records for law enforcement and court use do show any F&C suspension(s) that was in effect prior to July 1, 2019 and that the suspension ended as of July 1, 2019. This is because drivers may have been cited for driving on a suspended license while the suspension was in effect and law enforcement and the courts will need to have information related to the underlying suspension.
Am I still required to pay F&C to the court?
Yes. Although suspensions were removed from driving records and the requirement to pay related reinstatement fees was waived, the responsibility to pay assessed fines and costs to the court(s) remains in effect.
Were any other types of suspensions be removed as a result of this change?
No. Only F&C suspension orders were removed. All other suspension/revocation orders will remain in effect until the individual complies with the requirements, including but not limited to suspensions for failure to pay child support and failure to pay tolls.
Did DMV let me know if I am impacted by this change?
Yes. DMV mailed letters by first-class mail to all individuals with a Virginia address on file who have a F&C suspension on their driving record. The letter provided an explanation of the legislative change along with information about any requirements to obtain a Virginia license.
If you have any other type of effective suspension on your record, a compliance summary with information about outstanding compliance requirements was included.
When were the F&C suspension(s) be removed from my driving record?
Just after midnight June 30, 2019.
If I have my unexpired Virginia license in my possession, I have proven legal presence to DMV and I have no other outstanding suspensions or other requirements, is there anything I need to do?
No. Your license status returned to a “licensed” status on July 1 and no action is required.
What should I do if I don’t have my unexpired Virginia license in my possession, but have proven legal presence* to DMV and have no outstanding suspensions or requirements?
You are likely eligible to obtain a replacement license.
*Legal presence means that a person is a U.S. citizen, a legal permanent resident of the U.S., or is legally authorized to be in the U.S. in one of the eligible immigration statuses outlined in Va. Code (§ 46.2-328.1). Information regarding proof of legal presence can be found at Virginia's Legal Presence Law.
What fees am I required to pay?
  • If you have no other outstanding suspensions or requirements, you are eligible to obtain a new license. The only fee is a driver's license replacement or driver’s license fee.
  • If you do not have your unexpired physical license, you must obtain a replacement license. The replacement license fee is $20.
  • If your license is expired, you will be charged $32 for a new license.
  • If you have never held a driver’s license or there is no evidence that you have ever been licensed, you will be charged a $3 fee for a learner’s permit in addition to the $32.
  • You may opt to get a REAL ID license at the time of replacement or renewal for an additional one-time $10 fee.
    • If I paid a reinstatement fee for a F&C order prior to July 1, 2019, can I receive a refund?
    No. Any fees collected prior to the change in law are non-refundable.
    Are knowledge and road testing required if my license has been expired for less than a year?
    No. Testing is not required, unless your last license was also revoked*. However, a vision screening is still required.
    *If in addition to your suspension for F&C, your license was revoked for a serious offense such as driving while intoxicated, then knowledge and road skills testing is required.
    Am I required to take the knowledge test and the road skills test?
    Yes. Testing is required, unless DMV has a record of you previously holding a license or you can present acceptable proof that you previously held a license in Virginia or any other U.S. jurisdiction. Acceptable proof includes an expired driver’s license or court/insurance documentation that indicates you have held a license.
    If there is no record of you ever holding a driver’s license and you are unable to provide proof that you have held a license, you will be issued a learner’s permit following successful completion of the knowledge test. You must hold the learner’s permit for a minimum of 60 days (unless you complete a DMV-approved driver education course) before you are eligible to take the road skills test and be issued a driver’s license.
    If your license was also revoked, testing is required.
    Are Commercial Driver’s License (CDL) knowledge and skills testing required if I hold a CDL that has been expired over one year?
    Yes. All current procedures and requirements still apply to CDL holders.
    Is testing required if I hold a motorcycle (MC) class and my license has been expired for more than one year?
    Yes. However, testing is NOT required if there is evidence on DMV’s record that you previously held a MC class.
    Do I have to meet proof of identity and legal presence* (LP) requirements?
    Yes. However, if you have provided evidence to DMV since January 1, 2004 that you are a U.S. citizen or legal permanent resident, you are not required to show LP again. If you have not previously provided proof of LP, you must submit proof in order to get a driver’s license.
    *Legal presence means that a person is a U.S. citizen, a legal permanent resident of the U.S., or is legally authorized to be in the U.S. in one of the eligible immigration statuses outlined in Va. Code (§ 46.2-328.1). Information regarding proof of legal presence can be found at Virginia's Legal Presence Law.
    Does the new F&C law apply to suspensions due to failure to pay an out-of-state court?
    No. This legislative change only addresses suspensions for failure to pay F&C to Virginia courts.
    Does the new law impact out-of-state drivers?
    • Yes. All F&C suspensions were be removed July 1, 2019 and related reinstatement fees waived, regardless of where the person is licensed. Additionally, the Virginia suspension was removed from the National Driver Register, so it is no longer visible to the licensing state.
    • Any fees imposed by the home state as a result of a Virginia F&C suspension may still be required by the home state.
    • Virginia DMV also sent notification to the driver’s home state to inform the licensing agency of the removal of any outstanding F&C suspensions.
    • If an out-of-state customer requires a letter indicating they are no longer suspended in Virginia, they can purchase a clearance letter through DMV’s website.
    • If an out-of-state customer requires a letter indicating they are no longer suspended in Virginia, they can contact DMV and follow the instructions for submitting a secure email to DMV. Upon receipt of the email, a DMV representative will contact the customer to provide assistance in obtaining a clearance letter.
    How does this impact the points on my driving record?
    Removing the suspension for failure to pay fines and costs does not affect your point balance. Points are assigned to driving-related convictions and the underlying conviction is not removed. For more information, refer to Points and the Driver Improvement Program.
    Where can information be found on the web regarding removal of Virginia F&C suspensions?
    DMV has created a web page specific to this F&C legislative change. This page provides an explanation of this change, addresses licensing requirements and provides links to forms that a customer will need to obtain a license. You can access this page at https://www.dmv.virginia.gov/fac.asp.
    Where can I find information that explains how to apply for a Virginia driver’s license?
    Detailed information is provided on the DMV website explaining eligibility requirements and instructions on how to apply for original, replacement, and renewal driver’s licenses.