Are Minors More Likely to Get DUI Charges Expunged From Their Record?

 Posted on September 24, 2026 in DUI Sentencing Alternatives & Expungement

Expungement, or the clearing of a criminal record, may be a more realistic option for a minor who is charged with DUI than for an adult if they are not convicted of other crimes. In Virginia, a minor’s DUI case is handled in juvenile court. Different procedures and rules apply to these cases than with adults.

If you or your minor child was charged with a DUI in 2026, a Fredericksburg, VA minor DUI lawyer can explain what options might be available.

How Does Virginia Handle a DUI Charge Against a Minor?

Virginia law defines a minor as anyone younger than 18. A minor’s DUI case usually goes to juvenile and domestic relations district court. There, the judge decides whether the minor is "delinquent," or guilty of committing a crime.

Virginia has a separate drinking-and-driving law for drivers under 21. Under Virginia Code Section 18.2-266.1, a driver under 21 can violate the law with a blood alcohol concentration of 0.02 percent or higher but below 0.08 percent. Virginia's standard DUI law also prohibits driving with a BAC of 0.08 percent or higher. This is in contrast to adults over age 21, whose legal limit is 0.08 percent (Virginia Code Section 18.2-266).

A violation of the under-21 drinking-and-driving law carries a one-year loss of driving privileges. It also carries a mandatory minimum fine of $500 or at least 50 hours of community service. Other rules can apply when a juvenile is charged under Virginia's standard DUI law. A juvenile can also be referred to an Alcohol Safety Action Program in some cases.

Can Juvenile DUI Records Be Expunged in Virginia?

Juvenile DUI records can be expunged, but it takes years. Under Virginia Code Section 16.1-306, the clerk automatically destroys a juvenile’s court records once the person turns 19 if five years have passed since their last hearing. Most juvenile records can be destroyed after the person turns 19 if at least five years have passed since the last hearing. DUI cases are different. If the offense must be reported to the Department of Motor Vehicles, the records are not destroyed until the person turns 29. If the juvenile is found guilty of an act that would be a felony if committed by an adult, the records are kept.

After the records are destroyed, the law treats the violation as if it never occurred, and the person can answer that no record exists if asked.

Adult DUI convictions generally cannot be sealed under Virginia's new record-sealing law. If a DUI charge ends in an acquittal, a nolle prosequi, or a dismissal, the person can still have options for clearing or sealing the record.

Can a Minor Get a DUI Charge Expunged Before Turning 19 in Virginia?

Whether expungement is possible before age 19 depends on how the case ends. Situations that might qualify include:

• A dismissal or a finding that the minor is not delinquent. After this, the minor can file a motion to destroy the records. The prosecutor gets notice, and the court must grant the motion unless there’s good cause to keep the records.

• A referral back to the court service unit before the hearing begins. Under Virginia Code Section 16.1-277.3, the minor can ask for this with the prosecutor’s consent. The petition is then dismissed, and the court records are destroyed.

• Starting December 1, 2026, some cases can also qualify when the court delayed its decision and the juvenile was never ultimately found delinquent or convicted. This does not apply if the juvenile agreed that there were enough facts to find guilt or the court made that finding.

The court must tell a minor about these rights at the dispositional hearing. A referral sends the case to an intake officer, who handles it informally. Records that the court service unit keeps from informal intake may not be destroyed.

Call a Vienna, VA DUI Lawyer Today

A juvenile DUI record can sometimes be cleared, but when this happens depends heavily on how the case ends. If the charge is dismissed or the juvenile is not found delinquent, earlier expungement can be possible. If the case results in a finding of guilt, the record can remain for many years.

Our firm brings more than 30 years of combined experience to these cases. We are also proud advocates for the Hispanic community on the local and national issues that affect Latin Americans and immigrants.

Our Fredericksburg, VA minor DUI attorneys offer free consultations. Call Arrested for a DUI, LLC at 301-479-5466 today.

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