Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 14. Evidence » Article 9. Miscellaneous Provisions
Virginia Code

Va. Code Ann. § 8.01-418 (2026)

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

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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.

Code 1950, § 8-267.1; 1970, c. 354; 1977, c. 617; 1986, c. 46; 2023, c. 278.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1981–2025 · leading case: Santen v. Tuthill, 578 S.E.2d 788 (Va. 2003).
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Santen v. Tuthill, 578 S.E.2d 788 (Va. 2003). · cites it 10× “Santen contends that, if Wilfong had not appealed his conviction to circuit court, the guilty plea would have been admissible against him in this subsequent civil proceeding pursuant to Code § 8.01-418. 3 According to Santen, the appeal to circuit court “merely vacat[ed] the.”
Mikhaylov v. Sales, 784 S.E.2d 286 (Va. 2016). · cites it 6× “Citing Code § 8.01-418, Sales argued that Mikhaylov's guilty plea was "admissible evidence of civil battery and assault" and was "sufficient" to establish his liability as a matter of law.”
Arthur Amil Zebbs v. Commonwealth of Virginia, 785 S.E.2d 493 (Va. Ct. App. 2016). · cites it 2× “The Court quoted Code § 8.01-418 and observed that "a guilty plea 'shall be admissible’ evidence 'in any civil action' involving the 'same occurrence.”
Selected Risks Ins. v. Dean, 355 S.E.2d 579 (Va. 1987). · cites it 2× “See Code § 8.01-418 dealing with the manner of proof, in a civil action, of a guilty plea, of a plea of nolo contendere, and of a forfeiture in a criminal proceeding.”
Parson v. Carroll, 636 S.E.2d 452 (Va. 2006). · cites it 2× “Based on our holding in this case, we do not consider Parson's additional contention that his Alford pleas and transcript of those pleas were not admissible under Code § 8.01-418 in this civil action.”
Ayala v. Aggressive Towing & Transp., 661 S.E.2d 480 (Va. 2008). · cites it 4× “However, we have no way of knowing whether the statute was the basis of the argument in the trial court or whether the trial court considered this particular statute in the context of our decisions regarding admissibility of conviction orders or the legislature's particular…”
Baker v. Elmendorf, 628 S.E.2d 358 (Va. 2006). · cites it 2× “1-132 `annuls or wipes out' a guilty plea entered in district court, [thus] there no longer exists a guilty plea that, otherwise, would be admissible in a subsequent civil proceeding under the provisions of Code § 8.01-418." Id. at 497, 578 S.E.2d at 791 .”
Koutsounadis v. England, 380 S.E.2d 644 (Va. 1989). · cites it 2× “The trial court’s ruling in that regard was contrary to Code § 8.01-418, which provides in pertinent part as follows: Whenever, in any civil action, it is contended that any party thereto pled guilty .”
Nationwide Prop. & Cas. Ins. Co. v. Fraraccio, 250 F. Supp. 3d 5 (E.D. Va. 2017). · cites it 3× “; Va. Code § 8.01-418 (providing that in “any civil action” in which "it is contended that any party thereto pled guilty .”
Yeager v. Adkins, 458 S.E.2d 467 (Va. 1995). · cites it 6× “Yeager, relying upon Code § 8.01-418, argues that Adkins’ failure to appear in the general district court proceedings and his subsequent payment of a fine constituted a forfeiture and, thus, evidence of the judgment of the general district court is admissible.”
Somers v. Brown, 50 Va. Cir. 498 (Spotsylvania Cir. Ct. 1999). · cites it 6× “Decision Virginia Code § 8.01-418 provides: Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere or suffered a forfeiture in a prosecution for a criminal offense or traffic infraction which arose out of the same occurrence upon…”
State Farm Fire & Cas. Co. v. Shifflett (W.D. Va. 2023). · cites it 2× “And as previously discussed, the underlying complaint contains factual allegations 4 State Farm argues that Brandon’s guilty plea precludes him from arguing that Sara’s death was an “accident,” unintended, or unexpected. See Dkt. 28 at 11–17.”
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