Answer · 6 min read

How long does a DUI stay on my record in Virginia?

A DUI conviction stays on your Virginia driving record for eleven years and on your permanent criminal record indefinitely, while the FR-44 filing itself runs about three years.

In Virginia a DUI conviction stays on your Virginia DMV driving record for eleven years from the conviction date. On your criminal record it stays permanently, because Virginia does not expunge a conviction. These are different from the insurance side. The FR-44 filing a DUI requires is typically needed for about three years, and the effect on your rate eases gradually well before the record itself clears. So three timelines run at once: the driving record, the criminal record, and the insurance impact.

The essentials

The short answer, in plain terms

A DUI in Virginia sits on more than one record, and each has its own clock. On your Virginia DMV driving record, the conviction stays for eleven years, counted from the date of conviction. On your criminal record it stays for life, because Virginia does not allow a DUI conviction to be expunged. The insurance filing is a separate matter entirely and runs much shorter, usually about three years.

Most people who ask this question are really asking two things at once: how long the record shows the DUI, and how long it keeps costing them. Those are not the same answer, so it helps to take them one at a time.

How long it stays on your DMV driving record

The Virginia DMV keeps a DUI conviction on your driving record for eleven years. That period is measured from the conviction date, not from when you finished any program or got your license back. During those years the conviction is visible to the DMV, the courts, and insurance carriers who pull your record.

The conviction also adds demerit points to your record, and those points fall off on their own schedule, sooner than the eleven-year mark. The point total and the conviction listing are tracked separately, so the points can clear while the conviction itself is still shown.

How long it stays on your criminal record

A DUI conviction in Virginia is a criminal offense, and a conviction stays on your criminal record permanently. Virginia does not offer expungement for convictions. Expungement is generally available only when a charge was dismissed, you were found not guilty, or the case did not end in a conviction.

This is why the criminal record and the driving record give different answers. The DMV record clears after eleven years, but the court conviction does not clear on its own. For anything involving your criminal record, sealing, or expungement eligibility, the right source is an attorney or the court that handled your case, not your insurance agent.

Three timelines at a glance

It is easy to blur these together, so here is how the main timelines compare. Each starts and ends on a different clock, which is why the DUI can stop affecting your rate long before it leaves your record.

What is being measuredHow long it lasts in Virginia
DMV driving recordEleven years from the conviction date.
Criminal recordPermanent, because Virginia does not expunge a conviction.
FR-44 filingTypically about three years, with no lapse allowed.
Insurance rate impactHighest in year one, then eases gradually over several years.

These are general timeframes. Confirm the specifics of your case with the Virginia DMV, the court, or an attorney.

Why the FR-44 timeline is so much shorter

The FR-44 is the certificate Virginia requires after a DUI or DWI to prove you carry higher-than-minimum liability coverage. It is filed electronically with the DMV and is typically required for about three years, generally measured from your reinstatement date. That is far shorter than the eleven-year record or the permanent criminal record.

So the filing can end years before the DUI leaves your driving record. When the FR-44 term is over, the DMV no longer requires the certificate, even though the conviction is still listed. To understand the filing itself, see what is FR-44 insurance, and for how it ages off see how long a DUI affects insurance.

A DUI needs an FR-44, not an SR-22

One point worth being clear on: a DUI or DWI in Virginia triggers an FR-44, not an SR-22. The two are not interchangeable. An FR-44 proves liability coverage above the standard state minimum, which is the higher limit Virginia sets for alcohol and drug-related offenses. An SR-22 is used for non-DUI matters and proves only the state minimum.

Getting this right matters, because filing the wrong certificate can leave you out of compliance. If you are ready to file, our guide on how to get FR-44 in Virginia walks through the steps.

How long it actually affects your insurance

The record and the rate impact are different things. The DUI stays on your driving record for eleven years, but it does not keep your premium high that entire time. The impact is heaviest in the first year, when the conviction is most recent, then eases year by year as it ages and you add no new incidents.

Most drivers see the cost come down gradually rather than all at once. By the time the FR-44 term ends, many are already paying noticeably less than they did in year one, even though the conviction is still on the record.

What you can control while it ages off

You cannot shorten the eleven-year record or erase the conviction, but you do have real control over the cost. A few habits reliably help.

  • Shop carriers more than once, since some insurers stop penalizing an aging conviction sooner than others, and price varies widely by company.
  • Keep coverage continuous, because a lapse can restart the FR-44 term and reset your progress.
  • Keep a clean record, as every year without a new incident lowers the weight the DUI carries.
  • Consider a non-owner policy if you have no car, which is usually the cheapest way to meet the filing. See non-owner FR-44, the cheapest option.

Frequently asked questions

Eleven years from the conviction date. During that time the DUI is visible to the DMV, the courts, and insurance carriers who pull your record. The related demerit points fall off sooner than the conviction listing does.

Permanently. Virginia does not expunge a conviction. Expungement is generally available only when a charge was dismissed or did not end in a conviction. For your specific situation, ask an attorney or the court.

A DUI conviction generally cannot be expunged in Virginia. Expungement usually applies only to charges that were dismissed or where you were found not guilty. An attorney can confirm what applies to your case.

No. The FR-44 filing is typically required for about three years, while the DUI stays on your driving record for eleven years and on your criminal record permanently. The filing can end long before the record clears.

A DUI or DWI in Virginia requires an FR-44, which proves higher-than-minimum liability. An SR-22 is for non-DUI offenses and proves only the state minimum. The two are not interchangeable.

Usually not. The rate impact is highest in the first year and eases gradually as the conviction ages. Many drivers are paying noticeably less well before the conviction leaves the record.

Compare carriers more than once, keep coverage continuous, keep a clean record, and consider a non-owner policy if you have no car. Price varies widely by company, so shopping is the most reliable lever.

The Virginia DMV can confirm your driving record details and FR-44 term, and the court or an attorney can confirm anything about your criminal record. We handle the insurance filing and finding you a fair rate.

Written by FR44 Insurance of Virginia

Reviewed by Evan Marcotte, a licensed Virginia insurance agent (License #1023265). Last reviewed June 2026. Meet our team.

Need an FR-44 filed while your DUI ages off?

We are a licensed Virginia agency. We shop multiple carriers, file your FR-44 the same day, and revisit your rate as the conviction ages. Free quote, no pressure.

Call Get a Free Quote