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DUI Expungement

person drinking and driving

A very common question is whether a DUI can be expunged from your record. Depending on the circumstances, it is possible for a DUI offense to be expunged from your criminal record.

If a DUI charge is dismissed or if you are found not guilty, then the charge is subject to expungement under W. Va. Code § 61-11-25. This applies to all DUI offenses, including: aggravated DUI, DUI Causing Bodily Injury, DUI Causing Death, DUI with Drugs, Permitting a DUI, and Second and Subsequent DUI. A petition for expungement can be filed 60 days after the dismissal or acquittal.

A first offense, non-aggravated DUI is subject to expungement under the West Virginia Deferral Program. To qualify for the Deferral Program, an individual must:

  • Be charged for a first time;
  • Have a BAC level of less than .15%; and
  • Notify the Court within 30 days of arrest of their intent to participate.

Individuals who have a CDL or who refuse the secondary chemical test (Intoximeter) are not eligible for participation in the Deferral Program.

If an individual successfully completes the Deferral Program, the DUI charge will be dismissed. One year after the dismissal, the DUI charge can be expunged.

Otherwise a DUI conviction is not eligible for expungement under West Virginia law. DUI offenses cannot be expunged from an individual’s driving record at the DMV. Thus, even if a DUI charge is expunged from your criminal record, it will still remain on your driving record.