I agree with Mr. Oblon, but I think your question is missing some key facts. If you have NO PRIOR CRIMINAL RECORD, then there is a strong presumption, but you don't exactly say that. You also don't say whether you have an attorney already. As it says in the statute, a petitioner is ENTITLED to an expungement for a dismissed misdemeanor and no prior criminal record, unless the commonwealth shows good cause to the contrary. (To the contrary of What? The law doesn't say!).
Yes, in theory, it could be the subject of a Pardon, but those are not routinely granted after a finding of guilt. You should consult an attorney who handles pardons. You can always file an application but you may get an opinion that it is likely to be a waste of resources.
No, that sounds like a permanent dismissal but there is a record of the traffic school dismissal, so you won't be able to get another one of those for a while. Also, you probably have Court costs to pay, and if you don't pay them, your license to drive in virginia will be suspended.
You will get the revocation for 3 convictions within 10 years, even if they are all called DUI 1st by the court. You can petition for a restricted license after 3 years if you complete probation and don't get caught drinking or driving for the whole time.
I'm not sure why counsel says that they won't have a right to appeal-- I think that is still there for 10 days, but maybe I'm missing something.
If this is a serious charge, then you should try to consult local counsel-- either tonight or early morning.
If you go to court for your friend, you can explain the situation and ask them to postpone it. That might work, but it might not. That would depend on the judge.
If this is a first offense in Fairfax County, you will probably be offered a dismissal program, which is pretty much what the LP folks have described, except, as counsel has mentioned already, that program will not keep this "off your record".
Completion of that program would still result in a record of having a "first offender dismisssal" which is something that is akin to a "dismissal for guilty folks". You should consult local counsel, because there may be other ways to avoid this...
I just want to say how I am impressed with Mr. Oblon and how he was able to translate that question into a coherent and correct answer. David is truly a talented DUI practitioner.
I would only add that the client should definitely seek advice of experienced legal counsel, if you don't have an attorney already. Don't post anything else online because your silence may be the only way to win a case like this.