You cannot get a DUI expunged in Virginia if you were convicted. Virginia’s expungement statute only reaches charges that ended without a conviction, meaning an acquittal, a dismissal, or a charge the prosecutor dropped. A guilty plea, a no-contest plea, or a guilty verdict puts the DUI on your criminal record permanently, with one extremely narrow exception for an absolute pardon based on actual innocence.
Why a Conviction Stays on Your Record
Virginia Code § 19.2-392.2 authorizes expungement only when the person was not convicted of the charge.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records The statute contains no mechanism for clearing a conviction, and it draws no distinction based on how long ago the DUI happened, whether it was a first offense, or how clean your record has been since.
The one exception sits in the same statute: if the Governor grants an absolute pardon for a crime you did not commit, the court must order the charge and conviction records expunged.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records Absolute pardons for actual innocence are rare in any context and almost unheard of in DUI cases. Treat the conviction as permanent.
Virginia’s New Sealing Law Does Not Cover DUI
Virginia’s criminal record sealing law takes effect July 1, 2026, and lets certain misdemeanor and felony convictions be sealed from public view after a waiting period.2Virginia Code Commission. Virginia Code Title 19.2 Chapter 23.2 – Sealing of Criminal History Record Information and Court Records If you’re hoping that law offers a backdoor for a DUI conviction, it does not. The statute expressly lists DUI under § 18.2-266 as ineligible for sealing,3Virginia Code Commission. Virginia Code 19.2-392.12 – Sealing of Offenses Resulting in Conviction and DUI is not on the list of offenses eligible for automatic sealing either.4Virginia Code Commission. Virginia Code 19.2-392.6 – Automatic Sealing of Offenses
DUI Outcomes That Qualify for Expungement
If the DUI charge ended without a conviction, you can petition to expunge both the police records and the court records tied to that charge. Virginia recognizes three qualifying outcomes:1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
- Acquittal at trial.
- Nolle prosequi, where the prosecutor drops the charge before trial.
- Dismissal by the court, whether on procedural grounds or through settlement.
The final outcome controls, not the original charge. A DUI arrest followed by a not-guilty verdict is as eligible for expungement as any other dropped or dismissed case.
DUI Reduced to Reckless Driving
A common Virginia plea arrangement reduces DUI to reckless driving. You end up with a reckless driving conviction, but the original DUI arrest and charge still appear on your record. Whether you can expunge the original DUI charge while the reckless driving conviction stands is unsettled.
In a 2023 Fairfax County Circuit Court case, J.A.S. v. Commonwealth, the court ruled that DUI and reckless driving are sufficiently different offenses to allow expungement of the original DUI charge after a guilty plea to reckless driving. The court applied a seven-factor test comparing the two offenses and found them distinct in purpose, mental state, prohibited conduct, and penalties. This was a single circuit court decision, not a ruling from the Virginia Supreme Court or Court of Appeals, so other circuit courts are not bound to follow it. If your DUI was reduced, talk to an attorney who handles expungements in the court where your case was resolved.
The Standard the Judge Applies
Qualifying for expungement is not the same as getting one. The court applies different standards depending on your situation.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
If the DUI was a misdemeanor and you have no prior criminal record, you are presumptively entitled to expungement. The Commonwealth’s Attorney must show good cause to block it; without that showing, the petition is granted. This covers many first-time DUI arrests that ended in acquittal or dismissal.
If you have any prior criminal record, or the charge was a felony DUI (third or subsequent offense), the court applies a tougher test. You must prove that the continued existence of the arrest record causes or could cause “manifest injustice.” Judges look at how the record affects your employment, housing, education, and reputation. Wanting a clean record is not enough. You need concrete evidence of harm, and petitions often fail because the petitioner doesn’t bring it.
How to File the Petition
Use the official Petition for Expungement, Form CC-1473.5Virginia Courts. Petition for Expungement Form CC-1473 The form asks for your full name at the time of arrest, your date of birth, the arrest date, the arresting law enforcement agency, the specific charge, and the date the case reached its final outcome. Attach a certified copy of the warrant or indictment if you can get one from the clerk.
Before filing, get a complete set of fingerprints taken at a law enforcement agency. That agency sends your prints and a copy of the petition to the Central Criminal Records Exchange at the Virginia State Police, which pulls your criminal history and forwards it under seal to the circuit court.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records Fingerprinting fees typically run between $20 and $90.
File in the circuit court of the county or city where the charge was resolved, not where you live now or where the arrest took place if those are different.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records The filing fee is $98.6Virginia’s Judicial System. Circuit Court Fee Schedule Appendix C Serve a copy on the Commonwealth’s Attorney for that jurisdiction. The prosecutor has 21 days to file an objection, an answer, or written notice of no objection.
How Long It Takes
If the Commonwealth’s Attorney files written notice of no objection, the court may grant the expungement without a hearing. For misdemeanors with no prior record and no prosecutorial objection, this is common. If the prosecutor objects or the judge wants to hear from you, you’ll attend a hearing and argue under the applicable standard. Expect the full process to take several months once you factor in fingerprint processing, the CCRE review, the 21-day response window, and court scheduling. Unopposed petitions move faster, but even those rarely finish in under two months.