West Virginia · DUI · Checked October 2026

Can a DUI Be Expunged in West Virginia?

Can a DUI Be Expunged in West Virginia?

Whether a DUI can come off your record in West Virginia, and how long it counts against you.

Expungement or sealing
DUI convictions are excluded from West Virginia's general expungement law. A first offender who completes deferral and conditional probation under § 17C-5-2b may ask the court to expunge the arrest and court records, except DMV records
Waiting period
At least one year after the probation term ends (deferral cases only)
Lookback period
10 years

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Expungement or Sealing in West Virginia

DUI convictions are excluded from West Virginia's general expungement law. A first offender who completes deferral and conditional probation under § 17C-5-2b may ask the court to expunge the arrest and court records, except DMV records

Official source: expungement or sealing (West Virginia)

Waiting Period in West Virginia

At least one year after the probation term ends (deferral cases only)

Official source: waiting period (West Virginia)

Rules in West Virginia

W. Va. Code § 61-11-26(c)(7) makes 'any offense of driving under the influence of alcohol or a controlled substance' ineligible for expungement. Under § 17C-5-2b(g), a person whose deferral ended in dismissal may apply for expungement; a person with a prior felony conviction may not. Only one discharge and dismissal is allowed per person. Under-21 drivers who finish the Test and Lock program after a first 0.02 offense have DMV suspension records expunged by law, once

Official source: rules (West Virginia)

How Long It Counts for Repeat Offenses in West Virginia

10 years.W. Va. Code § 17C-5-2(n)

Official source: how long it counts for repeat offenses (West Virginia)

More on DUI Law in West Virginia

See the full overview of DUI laws in West Virginia and read about how long a DUI stays on your record.

This page summarizes West Virginia law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in West Virginia can advise on your case.

Frequently Asked Questions

Can a DUI Be Expunged or Sealed in West Virginia?

DUI convictions are excluded from West Virginia's general expungement law. A first offender who completes deferral and conditional probation under § 17C-5-2b may ask the court to expunge the arrest and court records, except DMV records

How Long Before You Can Apply?

At least one year after the probation term ends (deferral cases only)

Sources

  1. Record and expungement
  2. Lookback period: W. Va. Code § 17C-5-2(n)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.