Last year, my son was charged with a dui . He was 16 but it was dismissed in court. Does anyone know when this charge will be removed from his record in virginia.:o

last year, my son was charged with a dui . he was 16 but it was dismissed in court. does anyone know when this charge will be removed from his record in virginia.:o


If it was simply dismissed it's not on his record, although I am surprised that a charge of DUI against a 16-year old was simply dismissed.

Not in NYS PLUS they are now pursuing the source of the alcohol when the person is under age - and pursuing it vigorously!

If it is on his record, it should drop off when he turns 18.

Juvenile records do not stay when you become an adult, you get to start fresh.

If it is on his record, it should drop off when he turns 18.

Juvenile records do not stay when you become an adult, you get to start fresh.


Thanks for your answer, I hope it comes off when he is 18

Thanks for your answer, I hope it comes off when he is 18


I'm confused - if it was dismissed there IS NO RECORD to be removed -

If he got probation or something else and it was NOT dismissed, well, then that's a different scenario.

I'm confused - if it was dismissed there IS NO RECORD to be removed -

If he got probation or something else and it was NOT dismissed, well, then that's a different scenario.

Even if your charged and not convicted, it is still on record and no he did not have probation

If there is no conviction it will not show up on a background check. Arrest records can only be seen by law enfrocement. So Judy is correct, if it was dismissed, then he has no record. However, his arrest record may never be removed, but would only be visible to law enforcement searches.

No, if it was dismissed, it is not on his record, his record will only show convictions. On his record that the police can see, yes, all arrested even if dismissed or fouind not guilty will always show up, but public record does not show anything but convictions

If a conviction is on his record from age 16 it will drop off if the charges were done in Juv court, but if he was charged as a adult ( done often in many states) then it will not drop off at 18 if there were convictions

No, if it was dismissed, it is not on his record, his record will only show convictions. On his record that the police can see, yes, all arrested even if dismissed or fouind not guilty will always show up, but public record does not show anything but convictions

If a conviction is on his record from age 16 it will drop off if the charges were done in Juv court, but if he was charged as a adult ( done often in many states) then it will not drop off at 18 if there were convictions

So charges and convictions should go away when he is 18. And yes, this was in JUV Court

Hello Sue:

I don't think you've been listening. There is NO record, so there is nothing to remove.

There IS notation of an arrest that the cops can see. The notation of his arrest will NEVER go away - NEVER.

excon

even if your charged and not convicted, it is still on record and no he did not have probation


He wasn't "not convicted;" you said the charges were dismissed. These are two very different things.

He wasn't "not convicted;" you said the charges were dismissed. These are two very different things.

We went to court and the charge for the DUI was dismissed on Technicalities.
If he gets pulled over after he is 18 or if he goes in front of a judge after he is 18, are they still going to be able to see that charge

That depends. Most likely, if he gets pulled over, it will not show up on a routine check because juvie records are normally sealed and require a court order. However, the prosecutor may ask that the records be unsealed and that would likely be granted.

Frankly, you have a 16 yr old who got behind the wheel while drunk. I would be a lot more worried about him killing himslef or someone else, then his criminal record. That you say he got off on a technicality indicates he was guilty. So why aren't you more concerned that he broke the law about underage drinking? Why are you more concerned about his getting behind the wheel of a car while drunk.

I wouldn't be spending my time worrying about what his record will show if he's arrested when he its 18, I would be spending my time trying to teach him responsibility so that would never happen again!!

That depends. Most likely, if he gets pulled over, it will not show up on a routine check because juvie records are normally sealed and require a court order. However, the prosecutor may ask that the records be unsealed and that would likely be granted.

Frankly, you have a 16 yr old who got behind the wheel while drunk. I would be a lot more worried about him killing himslef or someone else, then his criminal record. That you say he got off on a technicality indicates he was guilty. So why aren't you more concerned that he broke the law about underage drinking? Why are you more concerned about his getting behind the wheel of a car while drunk.

I wouldn't be spending my time worrying about what his record will show if he's arrested when he its 18, I would be spending my time trying to teach him responsibility so that would never happen again!!!



Once again, I agree with Scott - the record is there. If he gets stopped for a violent crime or an alcohol-related charge, yes, the prosecutor will ask that it be unsealed.

And as far as a 16-year old DUI, having a criminal record would be the least of his problems in my house but hopefully he has learned and that issue is under control. I'm also a little confused about why you are concerned if he is stopped/arrested/charged again that this charge will show up -

He should make sure he's never stopped again. As I said in NYS unless he provided the name of the person who provided the alcohol there would be big problems (both with the Police and with me) and your car insurance would skyrocket.

That depends. Most likely, if he gets pulled over, it will not show up on a routine check because juvie records are normally sealed and require a court order. However, the prosecutor may ask that the records be unsealed and that would likely be granted.

Frankly, you have a 16 yr old who got behind the wheel while drunk. I would be a lot more worried about him killing himslef or someone else, then his criminal record. That you say he got off on a technicality indicates he was guilty. So why aren't you more concerned that he broke the law about underage drinking? Why are you more concerned about his getting behind the wheel of a car while drunk.

I wouldn't be spending my time worrying about what his record will show if he's arrested when he its 18, I would be spending my time trying to teach him responsibility so that would never happen again!!!

I never said anything about him drinking and driving. The cops assumed he was because they saw the car pull up but it wasn't him that was driving, it was a friend of his but they pulled the plate number and because it was his car and they didn't see exactly who was in the drivers seat they chose him. And I don't think anyone needs to worry about how I spend my time. You don't know me and you have no idea how much I have worried about this child so please don't lecture. To be honest with you,, I am just as concerned about the idiots that choose to buy the alcohol for these kids and why isn't anyone concerned about that.

We can only judge by what we see here. And all your posts have harped on this issue of him not having a record.

Nor are we not concerned about where he got the alcohol. I think whoever provided him with the alcohol should be prosecuted. NYS now has laws that provide for penalities against those serving alcohol to minors, not just bars or liquor stores. But the bottom line is he chose to drink.

We can only judge by what we see here. And all your posts have harped on this issue of him not having a record.

Nor are we not concerned about where he got the alcohol. I think whoever provided him with the alcohol should be prosecuted. NYS now has laws that provide for penalities against those serving alcohol to minors, not just bars or liquor stores. But the bottom line is he chose to drink.


And he chose to get in a car when the driver was drinking - I have no idea how the Police couldn't tell the driver from the passenger but, then, I'm not the Police.

Just judging from what I read and your interest - I trust your question (what about his record?) was answered.

And, yes, I am judging - my Dad was killed by a DWI driver.

Judy, I am so sorry for your loss. My son was a DUI driver 7 years ago, not one, but twice within 2 years, and he was lucky that there were no casualties. I was very upset with him, and even though I was with him in court for his hearings, but it came to the point that he had to serve his time... and he did. 8 months!! It really broke my heart but there was nothing more for me to do. He had to learn on his own. When he came out, he was on probation, had to take classes, pay fines, do community service, etc. Now, almost 8 years later he is getting is BS degree by going to school at night, has a fulltime job, and is planning on getting his MS. He has his own place with his girlfriend and has really settled down.
It is terrible for me to say, but I feel that it was the best thing that happened to him. He still can not drive and we have to help him out with rides, etc. but he is very appreciative of it and has proven that he has changed.
I never approved his behavior but was always there to support him when he was in trouble.
I think that kids at any age, make mistakes and some of them learn from their lessons, and some don't.
Today's kids need a lesson on "Tough Love"