Virginia Reckless Driving Record Sealing
Can a reckless driving conviction be sealed in Virginia? In many cases, yes. Virginia reckless driving is ordinarily a Class 1 misdemeanor, and an eligible conviction may qualify for petition-based record sealing under Virginia Code § 19.2-392.12. Reckless driving is not among the offenses specifically excluded from petition-based sealing. Eligibility depends on the exact conviction, offense date, criminal history, waiting period, related charges, and the other requirements of Virginia law.
Virginia Reckless Driving Record Sealing Guide
Related Virginia Record Relief Guides
- Virginia Record Relief Guide
- Virginia Record Sealing Guide
- Virginia Expungement Guide
- Virginia Clean Slate Guide
Is Reckless Driving Eligible for Record Sealing in Virginia?
Virginia Code § 19.2-392.12 permits petition-based sealing of eligible misdemeanor convictions, Class 5 and Class 6 felony convictions, and certain felony larceny convictions. For a misdemeanor or felony conviction to qualify under this section, the offense date generally must have occurred on or after January 1, 1986.
Virginia Code § 46.2-868 provides that a person convicted of reckless driving under Virginia’s reckless driving statutes is ordinarily guilty of a Class 1 misdemeanor. Reckless driving is not included among the offenses specifically excluded from petition-based sealing under § 19.2-392.12. An otherwise eligible misdemeanor reckless driving conviction may therefore qualify for sealing.
Eligibility is not determined by the offense alone. The petitioner’s complete criminal history, applicable waiting period, prior sealing petitions, related charges, restitution if applicable, and other statutory requirements must also be reviewed. The court must determine that the continued existence and possible dissemination of information relating to the conviction causes or may cause circumstances that constitute a manifest injustice to the petitioner.
What Types of Reckless Driving Convictions May Be Sealed?
Virginia has several reckless driving statutes. The exact Virginia Code section and final disposition should be reviewed when determining whether a conviction qualifies for record sealing.
Reckless Driving by Speed — Virginia Code § 46.2-862
One of the most common Virginia reckless driving charges is reckless driving by speed under § 46.2-862. The statute applies when a person drives a motor vehicle 20 miles per hour or more above the applicable maximum speed limit or more than 85 miles per hour regardless of the applicable maximum speed limit.
A conviction for reckless driving by speed is ordinarily a Class 1 misdemeanor. Because § 46.2-862 is not specifically excluded from petition-based sealing, an otherwise eligible conviction may qualify for sealing under § 19.2-392.12.
General Reckless Driving — Virginia Code § 46.2-852
Virginia Code § 46.2-852 is Virginia’s general reckless driving statute. It applies when a person drives a vehicle recklessly or at a speed or in a manner that endangers the life, limb, or property of another person. An otherwise eligible misdemeanor conviction under this section may also qualify for petition-based record sealing.
Other Virginia Reckless Driving Offenses
Virginia law contains additional reckless driving offenses involving passing, failure to yield, vehicle control, racing, school buses, obstructed views, and other driving conduct. A person considering record sealing should confirm the precise Virginia Code section and final disposition rather than relying only on the general description of reckless driving.
What If a DUI Charge Was Reduced to Reckless Driving?
The distinction between a DUI conviction and a reckless driving conviction can be important for record sealing. A Virginia DUI conviction under § 18.2-266 is specifically excluded from petition-based sealing under § 19.2-392.12.
A different analysis applies when a person was originally charged with DUI but the charge was amended or reduced and the final conviction was reckless driving. The final reckless driving conviction is not treated as a DUI conviction when determining whether the conviction itself falls within the offenses eligible for petition-based sealing.
An otherwise eligible reckless driving conviction resulting from a reduced DUI charge may therefore qualify for sealing. The original charge, final disposition, related charges, and records associated with the case should be reviewed to determine what records and related matters may properly be included in a petition.
How Long Must I Wait to Seal a Reckless Driving Conviction?
The general waiting period for an eligible misdemeanor conviction under Virginia Code § 19.2-392.12 is seven years. The seven-year period does not necessarily begin on the date of conviction.
The statute measures the waiting period from the latest applicable event associated with the case. Depending on the circumstances, the relevant event may be:
- The date of conviction;
- The date of release from incarceration;
- A later finding that the person violated a suspended sentence, probation, or parole related to the conviction; or
- The date of release from incarceration following such a violation.
During the applicable seven-year period, the petitioner generally cannot have another reportable criminal conviction under Virginia law or the law of another state, the District of Columbia, the United States, or a United States territory. Traffic infractions under Title 46.2 are excluded from this restriction.
What Other Requirements Apply to Reckless Driving Record Sealing?
Completing the waiting period does not by itself establish eligibility for record sealing. Virginia Code § 19.2-392.12 requires the court to make additional findings before granting a petition.
Among the requirements and issues that may affect eligibility are:
- The petitioner must never have been convicted of a Class 1 or Class 2 felony or another felony punishable by life imprisonment;
- The petitioner must not have been convicted of a Class 3 or Class 4 felony during the 20 years before the petition is filed;
- The petitioner must not have been convicted of another felony during the 10 years before the petition is filed;
- The applicable seven-year misdemeanor waiting period must have been satisfied without a new reportable criminal conviction;
- Any court-ordered restitution associated with the matter to be sealed must have been paid in full;
- The petitioner must remain within the statutory lifetime limits for petitions granted under § 19.2-392.12;
- Rehabilitation may have to be demonstrated if the records indicate that the occurrence involved the use of or dependence upon alcohol, narcotic drugs, or another intoxicant; and
- The continued existence and possible dissemination of the record must cause or may cause circumstances constituting a manifest injustice to the petitioner.
How Many Record Sealing Petitions Can Be Granted?
Virginia Code § 19.2-392.12 generally limits a person to two petitions granted during the person’s lifetime under that section. Multiple eligible charges or convictions may be included in the same petition when they arose from the same transaction or occurrence and satisfy the statutory requirements.
Because the number of petitions that may be granted is limited, a person with multiple criminal records should review the entire criminal history before deciding which matters to petition to seal.
Can a Felony Reckless Driving Conviction Be Sealed?
Most Virginia reckless driving convictions are Class 1 misdemeanors. Virginia Code § 46.2-868(B), however, provides for a Class 6 felony when a person commits reckless driving while driving without a valid operator’s license because of a suspension or revocation for a moving violation and, as the sole and proximate result of the reckless driving, causes the death of another person.
Class 6 felonies are generally among the felony classifications that may be considered for petition-based sealing under § 19.2-392.12, subject to the statute’s exclusions and other eligibility requirements. A felony reckless driving conviction should therefore be reviewed individually rather than assuming that the eligibility analysis will be the same as an ordinary misdemeanor reckless driving conviction.
The general conviction-free waiting period for an eligible felony petition is ten years rather than the seven-year period applicable to a misdemeanor.
Is a Reckless Driving Conviction Automatically Sealed?
No. Reckless driving is not one of the convictions listed for automatic sealing under Virginia Code § 19.2-392.6.
An eligible reckless driving conviction generally requires petition-based sealing under § 19.2-392.12. This differs from certain convictions for petit larceny, shoplifting, trespassing, misdemeanor marijuana offenses, and disorderly conduct that may qualify for automatic sealing when the statutory requirements are satisfied.
What Happens If a Reckless Driving Conviction Is Sealed?
Virginia record sealing restricts public access to criminal history information and court records relating to an eligible arrest, charge, or conviction. Once properly sealed, the records generally are not available for ordinary public inspection or dissemination.
Sealed records are not necessarily destroyed and remain available for certain purposes authorized by Virginia law. These include specified criminal justice, law-enforcement, government, employment, licensing, federal, national-security, and other statutory uses.
Virginia law also contains special provisions concerning records maintained by the Department of Motor Vehicles. DMV generally must seal qualifying records after receiving notice of a sealing order, but federal record-retention requirements or federal program requirements may prevent DMV from sealing a particular record immediately. When those requirements no longer prevent sealing, the statute provides a process for the DMV record to be sealed.
Record sealing does not retroactively eliminate a sentence or undo consequences that occurred before the record was sealed. The effect of sealing should therefore be distinguished from the penalties originally imposed in the reckless driving case.
How Do I Petition to Seal a Reckless Driving Conviction?
A petition under Virginia Code § 19.2-392.12 is generally filed in the Circuit Court for the city or county where the reckless driving case was disposed of. The petition identifies the charge or conviction and the records and any eligible ancillary matters the petitioner seeks to have sealed.
The petition process generally includes:
- Confirming the final conviction and exact Virginia Code section;
- Reviewing the petitioner’s complete criminal history;
- Determining whether the applicable waiting period has been satisfied;
- Identifying related charges or ancillary matters that may properly be included in the petition;
- Filing the petition in the appropriate Circuit Court;
- Following the statutory procedures involving the Commonwealth’s Attorney and criminal history information;
- Establishing the applicable eligibility requirements, including rehabilitation when required, restitution requirements, petition limits, and manifest injustice; and
- Obtaining a court order directing the eligible records to be sealed if the statutory requirements are satisfied.
Virginia Code § 19.2-392.12 does not require a petitioner to pay court fees or costs for filing a petition under that section.
Virginia Reckless Driving Record Sealing FAQs
Can a reckless driving conviction be sealed in Virginia?
Yes. An ordinary Virginia reckless driving conviction is generally a Class 1 misdemeanor and is not specifically excluded from petition-based sealing under Virginia Code § 19.2-392.12. The conviction may qualify if the offense date, criminal history, waiting period, prior sealing history, and other statutory requirements permit sealing.
Can reckless driving by speed be sealed in Virginia?
Potentially. Reckless driving by speed under Virginia Code § 46.2-862 is ordinarily a Class 1 misdemeanor. An eligible conviction may qualify for petition-based sealing if the requirements of § 19.2-392.12 are satisfied.
Can a DUI reduced to reckless driving be sealed?
Potentially. A DUI conviction under Virginia Code § 18.2-266 is specifically excluded from petition-based sealing, but a final conviction for reckless driving is analyzed differently. When a DUI charge was amended or reduced to reckless driving, the final disposition and complete court record should be reviewed to determine what records may qualify for sealing.
How long do I have to wait to seal a reckless driving conviction?
The general waiting period for an eligible misdemeanor conviction under § 19.2-392.12 is seven years. The period is measured from the latest applicable event specified by the statute, which may be later than the original conviction date.
Will a reckless driving conviction automatically be sealed after seven years?
No. Reckless driving is not one of the convictions listed for automatic sealing under Virginia Code § 19.2-392.6. An eligible reckless driving conviction generally requires a petition for sealing under § 19.2-392.12.
Can a reckless driving conviction that resulted from a DUI charge be sealed?
Potentially. If the final conviction was reckless driving rather than DUI, the reckless driving conviction may be eligible for petition-based sealing. The original DUI charge, final disposition, and records associated with the case should be reviewed to determine the scope of any available sealing petition.
Does sealing a reckless driving conviction include Virginia DMV records?
Virginia’s record-sealing law applies to eligible DMV records, but federal record-retention or program requirements may delay or restrict when the Department of Motor Vehicles can seal a particular record. The effect of a sealing order on DMV records should therefore be evaluated separately from the public court and criminal history record.
Talk to a Virginia Record Sealing Lawyer
A Virginia reckless driving conviction may remain publicly available long after the traffic case has ended. If the conviction is old enough and the other statutory requirements are satisfied, petition-based record sealing may provide a way to restrict public access to the record. A Virginia Record Sealing Lawyer at Riley & Wells Attorneys-At-Law can review the reckless driving conviction, offense date, final disposition, criminal history, waiting period, related charges, and other eligibility requirements to determine whether a petition may be available.
9/1/2026