Clearing a DUI From Your Record in Virginia
Whether a DUI or DWI conviction can be expunged or sealed in Virginia, and what to do instead if it can't.
Short answer: No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition. Va. Code § 19.2-392.12(L)(1)
| DUI / DWI convictions | No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition. Source: Va. Code § 19.2-392.12(L)(1) |
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| How to apply | File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal. Source: Va. Code § 19.2-392.12(C)-(H) |
Where to get help in Virginia
More Virginia expungement & criminal records
- Getting a Copy of Your Virginia Criminal Record
- Expunging or Sealing a Felony in Virginia
- How to File for Expungement in Virginia
- Sealing or Expunging Juvenile Records in Virginia
- All Virginia expungement & criminal records rules
FAQ
Can a DUI be expunged in Virginia?
No. Driving while intoxicated (§ 18.2-266) and related offenses such as § 18.2-266.1 are on the list of offenses that cannot be sealed by petition.
How do you file for expungement in Virginia?
File a petition in the circuit court of the county or city where the case was decided. Include the warrant, summons or indictment if available, the arrest and disposition details, and the case numbers. Ask the Central Criminal Records Exchange to send your Virginia and national criminal history to the court. Send a copy of the petition to the Commonwealth's Attorney, who has 30 days to object or to say they do not object. The court may hold a hearing. If the prosecutor agrees and stipulates that you are eligible and that keeping the record public causes a manifest injustice, the court may seal the record without a hearing. Either side may appeal.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.