Fairfax DUI Expungement Attorney
Most Virginians know that drunk driving, or DUI & DWI charges, are extremely serious offenses in the state. Anyone who has been convicted of a DWI or is currently facing drunk driving charges should know that the consequences of a conviction can be very serious. Indeed, under Virginia law (Code of Va. § 18.2-270), the penalties for a DWI conviction can range from a Class 1 misdemeanor all the way up to a Class 6 felony offense. If a person is accused of driving while intoxicated, and allegedly causes an accident in which someone is seriously injured or killed, the penalties can be worse. To be clear, even a conviction for a DWI first offense will result in a criminal record. Having a criminal record has implications far beyond the initial sentence. Indeed, having a criminal record can result in the inability to be considered for certain jobs, as well as an inability to obtain certain forms of credit.
If you have been convicted of a DUI or DWI, or if you are facing charges, you might be thinking that you can seek to have your criminal record expunged. In short, expungement is difficult and often impossible in drunk driving and DWI cases. One of our experienced Fairfax DUI expungement attorneys can speak with you about your case. Given the complexity of expungement, it is extremely important to fight the charges you are facing to avoid a conviction.
DUI Expungement Under Virginia Law in Fairfax
Many states permit a person with a criminal record to seek an expungement of the record after a certain amount of time has passed or when the crime falls into a particular category. Virginia law is different, and the expungement and record sealing process is much more limited. Under Virginia law (Code of Va. § 19.2-392.2), the expungement of a criminal record, including for a DUI or DWI, is only possible in limited circumstances. The statute clarifies that expungement is only possible in one of the following situations:
- Person is acquitted of the charges;
- Charges against the person are dismissed;
- Conviction is later overturned; or
- Absolute pardon is granted by the governor.
To be clear, for most people facing DUI or DWI charges in Virginia, an expungement and sealing of the criminal record will only be possible if there is no conviction. It is very rare for a DUI or DWI conviction to be overturned, and even rarer for the Virginia governor to grant an absolute pardon to a person with a DUI conviction. Accordingly, the only chance for most people with DUI or DWI charges for an expungement is to beat the charges they are facing—either through an acquittal or by having the charges dismissed.
Petitioning for a DUI Expungement in Fairfax
If you were charged with a DUI or DWI and beat the charges or never were convicted due to a dismissal, you can petition for expungement. An experienced Fairfax criminal defense lawyer can assist you with this complex process. You must include all of the following materials when petitioning for expungement:
- Copy of the order or acquittal or dismissal;
- Copy of the warrant or indictment or charges you want to have expunged; and
- Completed circuit court form CC-1416.
Seek Advice from a Fairfax DUI Expungement Attorney
Do you need assistance having DUI charges expunged? An aggressive Fairfax DUI expungement lawyer at our firm can begin assisting you today. If you are facing charges, you should begin working with a lawyer as soon as possible, recognizing that you will not be able to have a conviction expunged. Contact Simms Showers LLP today for assistance from our Virginia criminal defense team.