Can You Get a Reckless Driving or DUI Charge Expunged in Virginia?

If you’ve been charged with reckless driving or DUI (driving under the influence) in Virginia, you might be wondering if you can ever get that charge removed from your record. Here’s what you need to know about expungements in Virginia.

What Is Expungement?

Expungement is a legal process that allows certain criminal charges to be erased from your public record. If a charge is expunged, it’s as if it never happened, at least in the eyes of most employers, landlords, and the public.

When Can a Charge Be Expunged?

In Virginia, expungement is only possible in very limited situations. The most important thing to know is this: If you are convicted (found guilty) of reckless driving or DUI, that conviction cannot be expunged from your record.

You May Be Eligible for Expungement If:

• You were found not guilty (acquitted) in court.
• The charge was dropped by the prosecutor (this is called “nolle prosequi”).
• The charge was dismissed by the court without a finding of guilt.

In these situations, you can ask the court to expunge the charge from your record. However, you will need to file a petition and go through a legal process, and the court will decide if expungement is appropriate.

You Are Not Eligible for Expungement If:

• You were convicted (found guilty) of reckless driving or DUI.
• You pled guilty or “no contest” to the charge, even if the court later dismissed it as part of a plea deal or first-offender program.
• You received a deferred disposition (where the charge is dismissed after you meet certain conditions).