Among the Top 10 Questions that I am asked: “How long will a DUI be on my record?”
Virginia makes the answer easy: DUIs are forever.
Virginia has no provision to erase or expunge any misdemeanor or felony conviction no matter how much time has passed. It is true that a first or second DUI (both misdemeanors) will only “count” against you as a previous DUI for 10 years, but as of July of 2013 felony DUIs now count against you forever also. (See http://dwimanual.com/table-of-contents/2_punishment/punishment-for-13-types-of-dwi/ for more information.)
If convictions cannot be erased, what can? Virginia only allows an arrest to be expunged where there is a finding of “actual innocence.” In other words, if the DWI nolle prossed by the prosecutor, or the judge says “not guilty” or “dismissed” any mention of an arrest for DWI will be stricken from court records. Even a felony DWI that is reduced to a misdemeanor DWI cannot be erased. Your record will always show a felony arrest (though just a misdemeanor conviction.)
Virginia is tough – your DWI attorney needs to be tougher! Our passion at Tillotson & Martin, L.L.C., is defending citizens against unfair traffic & DUI laws. We write the book for DWI defense for Virginia attorneys and provide seminars for attorneys on how to beat the breath test machine. We train extensively to develop and improve cutting edge defenses. Our attorneys are active National College for DUI Defense members, are certified in NHTSA Field Sobriety Testing, and are trained to interpret breath test and blood test data.
Don’t let a DWI ruin your life.
