Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere, was found guilty in absentia, or suffered a forfeiture in a prosecution for a criminal offense or traffic infraction which arose out of the same occurrence upon which the civil action is based, evidence of said plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible. Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not such plea or finding was made or forfeiture occurred, the court hearing the civil case shall admit such evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question of whether such plea or finding was made or forfeiture suffered shall be a question for the court to determine.
§ 8.01-418.When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2023 · Last verified July 16, 2026
In one sentenceSection 8.01-418 makes a party’s guilty plea, nolo contendere plea, in-absentia guilty finding, or forfeiture in a related criminal or traffic case admissible in a later civil action arising from the same incident, with the court deciding any ambiguity about whether the plea, finding, or forfeiture occurred.
Full Text of § 8.01-418
Plain-English Summary
When a civil case and a criminal or traffic case grow out of the same event, this section lets the civil side draw on what happened in the criminal court. If a party pled guilty or nolo contendere, was found guilty while absent, or forfeited bond or bail in the criminal prosecution, evidence of that plea, finding, or forfeiture — as reflected in the criminal court’s records — comes into the civil case.
Sometimes the criminal record does not clearly show what happened. When it is silent or ambiguous about whether a plea was entered or a forfeiture occurred, the civil court does not just exclude the evidence — it admits whatever is relevant on that question and decides for itself, as a factual matter, whether the plea, finding, or forfeiture took place.
Frequently Asked Questions
Can a defendant’s guilty plea in a criminal case be used against them in a related civil lawsuit?
Yes. Evidence of a guilty plea, as shown by the criminal court’s records, is admissible in a civil action arising out of the same occurrence.
Does a nolo contendere plea count the same way as a guilty plea under this section?
Yes. The section treats a nolo contendere plea the same as a guilty plea, in-absentia guilty finding, or forfeiture for admissibility purposes.
What if the criminal court’s records do not clearly show whether a plea was entered?
The civil court admits relevant evidence on the question and decides for itself whether the plea, finding, or forfeiture occurred.
Does this section apply to traffic infractions as well as crimes?
Yes. It covers a plea, in-absentia finding, or forfeiture arising from a prosecution for a criminal offense or a traffic infraction.
Does the criminal and civil case have to involve the same event?
Yes. The plea, finding, or forfeiture must have arisen out of the same occurrence upon which the civil action is based.
Amendment History
Code 1950, § 8-267.1; 1970, c. 354; 1977, c. 617; 1986, c. 46; 2023, c. 278.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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