You cannot get a DUI conviction expunged in Virginia. If you pleaded guilty, no contest, or were found guilty, that conviction stays on your criminal record permanently and on your DMV driving record for 11 years. Expungement is only available when a DUI charge ended without a conviction, such as an acquittal, a dismissal, or a prosecutor’s decision to drop the case. Virginia’s new criminal record sealing law, taking effect July 1, 2026, does not help either: DUI is specifically excluded.
Why a DUI Conviction Stays on Your Record
Virginia’s expungement statute, Code § 19.2-392.2, only reaches charges that did not result in a conviction.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records There is no provision anywhere in the statute for expunging a conviction, and it makes no difference whether the DUI was your first offense, how long ago it happened, or how clean your record has been since.
One extremely narrow exception exists. 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 vanishingly rare in DUI cases. Treat a Virginia DUI conviction as permanent.
The Sealing Law Does Not Change This
Virginia’s broad record sealing law allows certain misdemeanor and felony convictions to be sealed from public view after a waiting period once it takes effect in 2026.2Virginia Code Commission. Virginia Code Title 19.2 Chapter 23.2 – Sealing of Criminal History Record Information and Court Records DUI under § 18.2-266 is on the list of offenses that cannot be sealed.3Virginia Code Commission. Virginia Code 19.2-392.12 – Sealing of Offenses Resulting in Conviction It also does not appear on the automatic sealing list.4Virginia Code Commission. Virginia Code 19.2-392.6 – Automatic Sealing of Offenses Sealing and expungement are separate processes anyway, and neither is open to someone convicted of DUI.
DUI Charges That Do Qualify for Expungement
If your DUI case ended without a conviction, you can petition to expunge both the police records and the court records tied to that charge. Three outcomes qualify:1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
- Acquittal at trial.
- Nolle prosequi, meaning the prosecutor dropped the charge before trial.
- Dismissal by the court, whether on procedural grounds or otherwise.
What matters is the final outcome, not what you were originally charged with. A DUI arrest that ended in a not-guilty verdict is as eligible as any other dismissed charge.
If Your DUI Was Reduced to Reckless Driving
A common plea outcome in Virginia is a DUI charge reduced to reckless driving. That leaves you with a reckless driving conviction and an arrest record still showing the original DUI. Whether you can expunge the original DUI charge in that situation is unsettled.
In 2023, the Fairfax County Circuit Court ruled in J.A.S. v. Commonwealth that DUI and reckless driving are different enough offenses to allow expungement of the original DUI charge after a guilty plea to reckless driving. That was a single circuit court decision, not a ruling from the Virginia Supreme Court or Court of Appeals, and other circuits are not bound by it. Outcomes vary by jurisdiction. If your case ended this way, talk to an attorney who handles expungements in the court where your case was resolved.
The Standard the Judge Will Apply
Being eligible to petition and actually winning are two different things. Which standard applies depends on your record and the level of the charge.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
If your DUI was a misdemeanor and you have no prior criminal record, you are presumptively entitled to expungement. The Commonwealth’s Attorney has to show good cause to block it, and without that showing, the court grants the petition. This covers many first-time DUI arrests that ended in acquittal or dismissal.
If you have any prior criminal record, or if the DUI was a felony (a third or subsequent offense), the court applies the manifest injustice standard. You have to prove that the continued existence of the arrest record causes or could cause real harm to your employment, housing, education, or reputation. Wanting a clean record is not enough. Petitions often fail here because the petitioner shows up without concrete evidence of harm.
How to File the Petition
File using Form CC-1473, the official Petition for Expungement.5Virginia Courts. Petition for Expungement Form CC-1473 The petition asks for your name at the time of arrest, date of birth, date of arrest, the arresting agency, the specific charge, and the date the case ended. Attach a certified copy of the warrant or indictment if you can get one from the clerk.
Before filing, you need a full 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, run by the Virginia State Police. The CCRE uses the prints to pull your criminal history and forwards it under seal to the circuit court where you filed.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records Local fingerprinting fees typically run between $20 and $90.
File the petition in the circuit court of the county or city where the charge was resolved, not where you live now.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 object, answer, or file written notice that they do not object.
What Happens Next and How Long It Takes
Once the CCRE returns your criminal history to the court, the judge schedules a hearing. State Police review typically takes several weeks. If the Commonwealth’s Attorney files written notice of no objection and your charge was a misdemeanor, the court can grant expungement without a formal hearing.1Virginia Code Commission. Virginia Code 19.2-392.2 – Expungement of Police and Court Records
If the prosecutor objects, or the judge wants to hear from you, you appear at a hearing and present your case under whichever standard applies. If the judge grants the petition, they sign an Order of Expungement and send a copy to the Virginia State Police.
Plan for the whole process to take several months. Fingerprint processing, CCRE review, the 21-day response window, and court scheduling all stack up. Unopposed misdemeanor petitions move faster, but even clean cases rarely finish in under two months. Contested petitions take considerably longer.