How To Get Reckless Driving Off Your Record In Virginia
A reckless driving conviction in Virginia is a serious Class 1 misdemeanor under Va. Code § 46.2-862 that stays on your criminal and driving records. To get reckless driving off your record in Virginia, you need a strategic legal defense aimed at dismissal, reduction to a lesser offense like improper driving, or an expungement after a not-guilty verdict.
Virginia Reckless Driving Law
In Virginia, reckless driving is not a simple traffic ticket; it is a criminal misdemeanor offense. The statute, Va. Code § 46.2-852, defines it as driving “in a manner so as to endanger the life, limb, or property of any person.” Specific actions like exceeding 85 mph or driving 20 mph over the posted limit also constitute reckless driving under § 46.2-862. A conviction results in a permanent criminal record, six DMV demerit points, and potential jail time.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the Va. Code § 46.2-862 (official Virginia General Assembly). Court procedures and forms can be found on the Virginia Judiciary website.
The Process for Removing a Reckless Driving Charge
The most effective way to get reckless driving off your record in Virginia is to prevent a conviction in the first place. This requires a proactive defense strategy case-specific to the specific court where your case is heard. Prosecutors in different jurisdictions may have varying policies on offering reductions.
- Consult a Virginia reckless driving lawyer immediately after receiving the summons to preserve all defense options and deadlines.
- Your attorney will obtain and review all evidence, including the officer’s notes, calibration records for radar/lidar, and any dashcam footage.
- Develop a defense or mitigation strategy. This could involve challenging the commonwealth’s evidence, presenting mitigating circumstances, or completing a driver improvement clinic.
- Appear in the General District Court for arraignment and trial, where your lawyer will present your case or negotiate with the prosecutor.
- If convicted, file an appeal within 10 days for a new trial in Circuit Court, where different strategies may be employed.
- If found not guilty, you may later file for an expungement to seal the arrest record from public view.
Potential Penalties for a Virginia Reckless Driving Offense
In Virginia, a reckless driving conviction carries severe penalties including jail time, large fines, license suspension, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Reckless Driving (General) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | 6 DMV points; permanent criminal record |
| Reckless Driving (≥85 mph or 20+ over) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Possible 6-month suspension | Mandatory minimum fine often applies |
| Improper Driving (Reduction) | Traffic Infraction | None | Up to $500 | 3 DMV points | No criminal record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia Traffic Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to traffic and criminal defense. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC. We understand that a reckless driving charge is more than a traffic violation; it’s a threat to your driving privileges and future.
Case Results for Traffic Offenses
Our firm has a proven record in handling serious driving offenses. For example, our attorneys have successfully argued for reductions of reckless driving by speed charges to improper driving, avoiding criminal records for clients. In other cases, we have secured outright dismissals by challenging the calibration and operation of speed measurement devices. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, drawing on his background as a former prosecutor and his deep knowledge of Virginia law.
Results may vary. Prior results do not aim for a similar outcome.
Virginia Traffic Defense Lawyers
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
We provide 24/7 phone consultations for reckless driving and other traffic violations across Virginia. Contact us for a case evaluation. Meetings are by appointment only at our Fairfax location or via secure video conference.
Frequently Asked Questions
Can a reckless driving charge be reduced in Virginia?
Yes. A common and favorable outcome is a reduction from reckless driving to “improper driving” under Va. Code § 46.2-869. This is a non-criminal traffic infraction that carries a smaller fine, fewer DMV points, and most importantly, does not result in a criminal record. Success depends on the facts of your case and the court’s policies.
How long does reckless driving stay on your record in Virginia?
It depends. A conviction for reckless driving remains on your Virginia criminal record permanently and on your DMV driving record for 11 years. The six DMV demerit points from a conviction stay on your record for two years. An arrest that does not lead to a conviction may be eligible for expungement.
Do I need a lawyer for a reckless driving ticket in Virginia?
Yes. Given the severe penalties—including potential jail time and a permanent criminal record—hiring a reckless driving attorney is strongly advised. A lawyer can challenge the evidence, negotiate for a reduction, present mitigating factors, and guide you through the complex court process to protect your rights and your future.
What is the difference between reckless driving and a speeding ticket?
Reckless driving is a criminal misdemeanor, while a simple speeding ticket is a traffic infraction. The key distinctions are the potential for jail time, much larger fines, a permanent criminal record upon conviction, and a mandatory court appearance. Certain high speeds automatically elevate speeding to a reckless driving offense.
Can I get a reckless driving charge expunged in Virginia?
You can only expunge a reckless driving charge if you were found not guilty or the charge was dismissed (nolle prosequi). A conviction cannot be expunged. If you are acquitted, you must file a petition for expungement in the court where the case was heard to seal the arrest record from public view.