Guy with keys and drink at a bar

Can a DUI Charge be Expunged from Your Record in Virginia?

A Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) conviction is a serious matter and can have a lasting impact on your criminal record. In Virginia, you can be charged with DUI/DWI if you are suspected to be driving under the influence of alcohol or drugs. If found guilty of a DUI/DWI, the conviction is permanent on your criminal record, but it has a different time limit on your driving record. Understanding these distinctions is crucial for anyone facing such charges.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC helps you understand the consequences of a DUI conviction and whether it can be expunged from your record.

Contact Us Practice Areas

Permanent Impact on Criminal Record

Under Virginia law, a DUI conviction remains on your criminal record indefinitely. This means that once you are lawfully convicted of a DUI, it cannot be expunged or removed. 

This permanence can affect various aspects of your life, including employment opportunities, professional licenses, and your personal reputation.

Consequences of a DUI on Your Criminal Record

A DUI conviction carries significant consequences, including hefty fines, possible jail time, and driver’s license suspension. Beyond these legal penalties, having a DUI on your criminal record can result in long-term issues, such as:

  • Difficulty obtaining certain jobs
  • Problems securing or maintaining professional licenses
  • Negative impacts on child custody arrangements
  • Increased auto insurance premiums
  • Limitations on travel to certain countries

Can a DUI Be Removed from Your Criminal Record?

In Virginia, once a DUI is on your criminal record, it cannot be removed. Only charges where a person maintains actual innocence can be expunged. This underscores the importance of mounting an effective defense if you are facing DUI charges.

What is a Criminal Record?

A criminal record is a documented history of an individual’s criminal activity. It includes arrests, convictions, and other court dispositions. Prosecutors and judges use this record to determine the severity of penalties for subsequent offenses. Additionally, private companies and government agencies often review criminal records when making decisions about employment, licensing, and other critical aspects of a person’s life.

DUI on Your DMV Driving Record

In addition to your criminal record, a DUI conviction also impacts your Virginia Department of Motor Vehicles (DMV) driving record. This record can influence various aspects of your driving privileges and insurance rates.

How Long Does a DUI Stay on Your DMV Driving Record?

A DUI remains on your DMV driving record for 11 years. During this time, it can affect your:

  • Driving privileges
  • Eligibility for a restricted license
  • Requirement to use an ignition interlock device
  • Auto insurance premiums
  • Accumulation of points on your driving record

After 11 years, the DUI should be removed from your driving record, assuming the DMV properly manages its records. You can contact the DMV to ensure that the DUI is not longer on your driving record after 11 years. 

Collateral Consequences of a DUI

The inability to remove a DUI from your criminal record can lead to lifelong consequences. In addition to the direct legal penalties, you may face:

  • The need for expensive high-risk car insurance coverage
  • Challenges obtaining a commercial driver’s license (CDL)
  • Loss of your current employment
  • Difficulty finding new employment due to your criminal record
  • Complications in custody determinations
  • Challenges in attending school or work

Get Help Protecting Your Criminal Record from a DUI

The best way to avoid a DUI on your criminal record is to avoid a conviction whenever possible. You may be able to plea to a different charge that allows for the DUI to be expunged from your record in certain circumstances. An experienced DUI/DWI defense attorney can properly analyze your case and prepare for trial or a plea to achieve the best possible outcome for the case and help reduce the impact on your life.At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here for you. Contact us today for a free consultation of your case.