Imagine you receive a midnight call and learn that police have arrested your college student son for driving under the influence (DUI). Fear and worry flood your mind as you wonder if this mistake will cost them their future.
Thankfully, Virginia laws allow the court to remove certain misdemeanor and felony convictions from someone’s criminal history. However, before you apply for expungement, you need to first understand what options exist and what limitations apply.
Understanding what your child faces
DUI stands for driving under the influence. In Virginia, your child commits this offense when they drive with a blood alcohol content (BAC) of 0.08% or higher. They can also face charges for driving while impaired by drugs.
You need to know that a DUI is a criminal charge. Hence, it goes on your child’s permanent records. This affects their future in many ways, such as hefty fines, jail time and suspension of their license or driving privileges.
Beyond the immediate legal penalties, DUI’s lasting impact on your child’s future deserves serious consideration.
How a DUI affects college students
A DUI conviction creates serious problems for your child. It can appear in background checks for job applications, housing or even graduate school. Future employers may turn him away, landlords may reject his lease and he might not be able to apply for professional licensing in the future.
Additionally, their college may take disciplinary action against them. Your child may lose internships and financial aid opportunities before they even graduate. Thus, understanding these consequences helps you see why legal options matter so much.
Is expungement an option?
Expungement is the legal process that removes charges from public view. However, you cannot expunge DUI convictions in Virginia, since it only applies when the court dropped the charges or if the court did not find your child guilty.
While Virginia recently passed the Clean Slate Law, it will not take effect until July 1, 2026. Ideally, it allows the court to automatically seal certain past convictions, but unfortunately this excludes DUIs. Since the law considers a DUI a public safety offense, it will stay on your child’s records.
Despite this exclusion, a legal counsel can still help you look for other options to protect your child’s future.
Explore your options with legal help
When your child gets pulled over for a DUI, it is usually best to seek professional help right away. DUI charges often involve complex legal issues that significantly impact your child’s entire future.
Having a lawyer can help protect your child’s best interests and explore available options for your specific situation.