How Do I Get My Reckless Driving or DUI Charge Expunged In Virginia?

Were you previously charged with driving while under the influence (DUI) or reckless driving?

In Virginia, as well as other states, these charges are serious. A conviction of these charges may land you in jail and require you to pay a significant fine.

You may face a suspension of your driving license and you will run the risk of losing your job. You will likely find it very difficult to secure gainful future employment.

However, Virginia allows for expungements of these crimes if certain requirements are met.

The expungement process is complex. For this reason, and to best protect your interests, it is important that you hire an attorney for your case.

How to Seek a DUI or DWI Expungement


Next: You must file a completed petition for expungement form in the circuit court where the case was heard. This petition is to be filed with any fees and costs. You may also be required to file a civil cover sheet along with your expungement. In addition, you are required to obtain a complete set of fingerprints from a Virginia law enforcement agency and provide a copy of the expungement petition to that agency as well. Lastly, you must serve a copy of the expungement petition on the Commonwealth’s Attorney in the county or city where the expungement is to be filed.

Expungement for a DUI Conviction

Though very difficult, a DUI or reckless driving charge can be expunged (or cleared) from your criminal record, while this remains unknown to most people. However, it is difficult. Pursuant to the Code of Virginia §19.2-392.2, a person can obtain an expungement of his or her police report if he or she was either acquitted of the crime, if the prosecutors decided to not pursue the case (nolle prosequi), or if the charges were flat out dismissed. One of these scenarios must occur before the court will even consider your expungement request.

(It is important that you retain an attorney to assist with your expungement request. )

Hire a DUI Defense Attorney

To best protect your rights, and preserve your chance to EXPUNGE YOUR RECORD, it is imperative that you hire an experienced DUI Defense Attorney. The NoVa Law Firm has the skill and experience needed to aggressively take on your case.

With over 15 years of experience defending individuals charged with DUIs, DUI Defense Attorney Eric Clingan makes every effort to provide you with the knowledge and information you need to face your case with confidence in court. Serving Fairfax , Arlington, and surrounding areas.

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About the Author: Eric Clingan

About the Author: Eric Clingan

Eric Clingan is an experienced Criminal Defense attorney and the founder of the NoVA Law firm. He focuses his practice on defending residents of Northern Virginia charged with DUIs, reckless driving, drug charges, and other criminal accusations

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