Can a DUI be expunged in Virginia?

Whether a DUI can be cleared at all

A Virginia DUI conviction cannot be cleared. Virginia Code Section 19.2-392.12, the petition-sealing statute for convictions, lists Section 18.2-266 (driving under the influence), Section 18.2-266.1 (underage driving after illegally consuming alcohol) and Section 18.2-268.3 (refusal) among the offenses ineligible for sealing. DUI is also absent from the short list of convictions that Section 19.2-392.6 seals automatically. Where the charge ended in acquittal or dismissal, relief is available: Section 19.2-392.2 allows a petition for expungement after an acquittal, a nolle prosequi or a dismissal, and Section 19.2-392.8 has the court automatically seal a misdemeanor charge that ends in acquittal or dismissal with prejudice unless the person objects.

“L. The following offenses are ineligible for sealing under this section: 1. §§ 4.1-309.1, 5.1-13, 18.2-36, 18.2-36.1, 18.2-36.2, and 18.2-47; subsection A of § 18.2-49.1; § 18.2-51.5; subsection C of § 18.2-57; §§ 18.2-57.2, ... 18.2-266, 18.2-266.1, 18.2-268.3, 18.2-282.1, and 18.2-324.2”

The driving record is a separate record

This is the part most summaries leave out. A court can seal or expunge the criminal case and the licensing agency can still keep the DUI on the driver record, where it reaches insurers and counts as a prior offence if there is a second one.

Not cleared. Virginia is unusual in that sealing reaches the licensing agency: Virginia Code Section 19.2-392.5 defines sealing as prohibiting public access to records in the possession of the Central Criminal Records Exchange, any court, any police department, sheriff's office or campus police department, or the Department of Motor Vehicles. That does not help a DUI conviction, which Section 19.2-392.12(L)(1) makes ineligible for sealing. The Department of Motor Vehicles publishes the number of years each conviction stays on the driver record and lists driving while intoxicated, driving under the influence of alcohol or drugs, driving under the influence of drugs, driving while intoxicated causing maiming, involuntary manslaughter involving alcohol, and refusing a blood or breath test at 11 years each. Section 19.2-392.5(H) also provides that a sealed conviction is still disclosed in any pretrial or sentencing report and considered when ascertaining punishment.

“Driving Under the Influence Driving while intoxicated (11 years) Driving under the influence of alcohol or drugs (11 years) Driving under the influence of drugs (11 years)”

What else sits on that record: suspensions and points in Virginia.

How long the wait is, and from when

No waiting period applies to a DUI conviction because it cannot be sealed. For the offenses that can be sealed by petition, Virginia Code Section 19.2-392.12(F)(2) requires seven conviction-free years for a misdemeanor and ten for a felony, measured from the later of dismissal of a deferred charge, conviction, release from incarceration, a finding of violation of a suspended sentence, probation or parole, or release from incarceration following such a finding. Where a DUI charge ended in acquittal or dismissal, Section 19.2-392.2 sets no waiting period for an expungement petition, and Section 19.2-392.8 has the court seal a dismissed or acquitted misdemeanor charge at disposition.

“a. Seven years for any misdemeanor offense; or b. Ten years for any felony offense;”

Automatic or by petition

Virginia operates both automatic and petition-based sealing. The State Police state that on July 1, 2026 statutes took effect allowing automatic and petition sealing of numerous offenses. DUI is carved out of both. Section 19.2-392.6 limits automatic sealing of convictions to misdemeanor violations of Sections 18.2-96 and 18.2-103, Sections 18.2-119, 18.2-120 and 18.2-134, a misdemeanor violation of Section 18.2-248.1, and Section 18.2-415, none of which is a DUI. Section 19.2-392.8 automatically seals a misdemeanor charge, which includes a DUI charge, when the person is acquitted or the charge is dismissed with prejudice, unless the person objects.

“A. (Effective until July 1, 2027) If a person was convicted of a violation of any of the following sections with an offense date on or after January 1, 1986, such conviction, including any records relating to such conviction, shall be ordered to be automatically sealed in the manner set forth in §”

Where it is filed, and what it costs

For a charge that ended in acquittal, a nolle prosequi or a dismissal, Virginia Code Section 19.2-392.2 has the petition filed in the circuit court of the county or city where the case was disposed of, with a copy of the warrant, summons or indictment if reasonably available. The statute states no court fees or costs are charged for filing. A copy is served on the attorney for the Commonwealth, who has 21 days to object, answer, or give written notice of no objection. The petitioner also asks the Central Criminal Records Exchange to forward the Virginia criminal history record to the court, and the court then holds a hearing. Where the petitioner has no prior criminal record and the arrest was for a misdemeanor, the petitioner is entitled to expungement absent good cause shown to the contrary.

“2. A nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to § 19.2-151, he may file a petition setting forth the relevant facts and requesting expungement of the police records and the court records relating to the charge. A person”

Whether a cleared DUI still counts as a prior

Virginia Code Section 18.2-270 counts a prior DUI offense for enhanced punishment on a second offense committed within five years and again within five to ten years, and makes a third offense within a 10-year period a Class 6 felony. Section 19.2-392.5(H) provides that any arrest, charge or conviction sealed under the chapter is still disclosed in a pretrial or sentencing report and considered when ascertaining punishment and at any bail hearing.

“H. Any arrest, charge, or conviction sealed pursuant to § 19.2-392.6:1, 19.2-392.7, 19.2-392.8, 19.2-392.11, 19.2-392.12, 19.2-392.12:1, or 19.2-392.17 shall be (i) disclosed in any pretrial or sentencing report, including any discretionary sentencing guidelines; (ii) considered when ascertaining”

The statute: Va. Code § 19.2-392.12

“A. Except as provided in subsection L, a person who has been convicted of or had a charge deferred and dismissed for a (i) misdemeanor, (ii) Class 5 or 6 felony, or (iii) violation of § 18.2-95 ... may file a petition setting forth the relevant facts and requesting sealing of the criminal history”