Navigating the legal landscape can be complex, especially when it comes to criminal convictions. In Virginia, there are certain limitations to the expungement and sealing process, and one significant aspect is the inability to expunge or seal a DUI (Driving Under the Influence) conviction.

As Virginia laws currently stands, DUI convictions remain on your criminal record indefinitely. DUI convictions will also remain on the state’s online docket system, which is publicly available.

While expungement and record sealing offers a fresh start for many individuals, it’s essential to recognize the limitations in certain cases, such as DUI convictions in Virginia. Understanding the nuances of expungement laws ensures that individuals can make informed decisions about their legal journey.

Virginia law provides for enhanced punishment for multiple DUI convictions within ten years, so the reasoning behind the prohibition of sealing a DUI conviction within the first ten years of the conviction is clear. However, given the reasoning behind Virginia’s new record sealing laws, there does seem to be room for sealing DUI convictions after ten years without another criminal conviction.

*This article has been updated to reflect Virginia legislative changes during the 2025 session. When Virginia’s Clean Slate Law was originally passed in 2021 the effective date was scheduled for July 1, 2025. The Virginia legislature extended the effective date to January 1, 2026, during the 2025 legislative session.