Can You Get A DUI Expunged In Fairfax County, Virginia?
A DUI conviction in Fairfax County is a Class 1 misdemeanor under Va. Code § 18.2-266, carrying up to 12 months in jail and a 12-month license revocation. The Law Offices Of SRIS, P.C. has 49 documented results in Fairfax County. Understanding expungement eligibility is critical for moving forward after a DUI.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia DUI Expungement Law
In Virginia, expungement is the process of having police and court records of an arrest or charge destroyed. The ability to get a DUI expunged depends entirely on the final outcome of your case. Virginia law is strict; a conviction for DUI (driving under the influence) or DWI (driving while intoxicated) cannot be expunged. Expungement is only available if the charge was dismissed, you were found not guilty, or the Commonwealth’s Attorney chose not to prosecute (nolle prosequi).
The firm’s founder, a former prosecutor, leverages this background to build strong defense strategies aimed at achieving dismissals or not-guilty verdicts, which are the only pathways to potential expungement for a DUI charge.
Official Legal Resources
For the full text of Virginia’s expungement statute, refer to the Va. Code § 19.2-392.2 (official Virginia General Assembly). For Fairfax County court procedures, visit the Fairfax County General District Court website.
The Fairfax County DUI Expungement Process
If your Fairfax County DUI charge was dismissed or you were acquitted, you may petition for expungement. The key local procedural fact is that petitions are filed in the court where the case was finally disposed—typically Fairfax County General District Court for misdemeanors. The court requires clear and convincing evidence that the continued existence of the records causes you a manifest injustice.
- Confirm your eligibility: You must have a copy of the final court order showing dismissal, acquittal, or nolle prosequi.
- File a petition for expungement with the Fairfax County General District Court clerk’s office, including a sworn statement and fingerprint card.
- Pay the required filing fee and ensure the petition is served on the Commonwealth’s Attorney’s office.
- Attend a hearing where a judge will review your petition and any opposition from the prosecutor.
- If granted, the court orders all agencies to destroy their records. You will receive a certified copy of the expungement order.
Penalties for a Fairfax County DUI Conviction
In Fairfax County, a DUI conviction carries severe penalties including jail time, fines, and long-term license revocation, and it creates a permanent criminal record that cannot be expunged.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First DUI | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| Second DUI (within 5 yrs) | Class 1 Misdemeanor | Mandatory 20 days min. | $500 min. | 3-year revocation | Mandatory VASAP, possible IID |
| Third DUI (within 10 yrs) | Class 6 Felony | Mandatory 90 days min. | $1,000 min. | Indefinite revocation | Mandatory VASAP, felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Fairfax County Courts
Founded in 1997, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to impaired driving defense. Our “Advocacy Without Borders” philosophy means we pursue every avenue to protect your record. In Fairfax County, we have documented 49 DUI case results. A strong defense from the outset is your best chance to avoid a conviction and preserve future expungement options.
Documented Case Outcomes
The firm has 49 documented DUI results in Fairfax County, including dismissals, not-guilty verdicts, and charges reduced to lesser offenses like reckless driving. For instance, our team has successfully argued for reductions from DUI to reckless driving, which avoids the mandatory license revocation and creates a record that may be eligible for expungement years later. Mr. Sris, the firm’s founder and a former prosecutor, oversees complex case strategy, ensuring each client’s defense is meticulously prepared.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County General District Court. We provide DUI defense for residents of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
DUI Expungement in Fairfax: Frequently Asked Questions
Can a DUI conviction be expunged in Virginia?
No. Under Virginia law, a conviction for DUI or DWI cannot be expunged. Expungement is only possible if the charge was dismissed, you were found not guilty, or the prosecution dropped the case (nolle prosequi).
What is the penalty for a first DUI in Fairfax County, Virginia?
First DUI in Fairfax County: Class 1 misdemeanor — up to 12 months jail, $250 minimum fine, 12-month license revocation, mandatory VASAP. BAC 0.15-0.20: mandatory 5 days jail. BAC 0.20+: mandatory 10 days. Cases at Fairfax County General District Court.
Is a DUI a felony in Fairfax County, Virginia?
First/second DUI in Fairfax County is a Class 1 misdemeanor. Third DUI within 10 years is a Class 6 felony (1-5 years, mandatory 90 days jail, indefinite revocation).
What happens if I refuse a breathalyzer in Fairfax County, Virginia?
Under Va. Code § 18.2-268.3, refusal triggers: first offense — 12-month administrative suspension (no restricted license); second — 3-year suspension plus Class 1 misdemeanor. This runs also to DUI penalties.
Can a DUI be reduced in Fairfax County, Virginia?
Yes. A DUI in Fairfax County can potentially be reduced to reckless driving, which avoids mandatory license revocation and VASAP. Defense strategies include challenging the traffic stop, field sobriety tests, and breath test calibration.
For more information, see our Virginia DUI Lawyer hub page. We also assist clients in nearby areas like Falls Church and with related matters such as Criminal Defense in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.