Florida law allows for the expungement of a DUI record if the charges were dismissed or you were not guilty. However, if you were convicted of DUI, expungement is not an option. The process involves petitioning the court and meeting eligibility criteria, including having no prior convictions or other expungements. Consulting with a DUI expungement lawyer can help navigate the complexities and increase the chances of a successful expungement.
Adding to this, you must receive a withhold of adjudication to be able to order a petition to the Florida Department of Law Enforcement (FDLE) to seal your record if DUI records were reduced to careless driving. Read on and learn how to get a DUI off your record.
The Florida law states that DUI, or driving under the influence, refers to operating a motor vehicle while under the influence of alcohol or drugs. According to Florida Statute 322.2616, it is unlawful for a person with a blood-alcohol or breath-alcohol level of 0.02 or higher to drive.
Although Florida's legal blood alcohol limit is 0.08, impairment can happen at any degree of drunkenness.
DUI is not only about drinking alcohol. If a motorist is under the influence of drugs, including illicit narcotics, prescription drugs, and over-the-counter medicine, they may be found guilty of DUI. A motorist may be charged with DUI if they take any substances that impair their judgment or response.
So, can you remove a DUI from your record? Read on to find out.
Both sealing and expungement of records keep your criminal records from public access. However, there are key differences between the two.
Sealing hides your records from the public. Your records still exist and law enforcement or certain government agencies, like courts and licensing boards may still be able to access a sealed record.
On the other hand, expunging totally destroys your records. Law enforcement and courts erase the arrest and charges if your record is expunged. The public, including employers and landlords, can no longer access your records. Only the Florida Department of Law Enforcement (FDLE) has a copy, but even this copy cannot be disclosed without a court order.
So, can you get a DUI off your record? As long as you are not convicted of DUI, there’s a chance you can. Consider hiring an experienced DUI expungement lawyer from Erase The Case to get your cases expunged in less than 5 months!
Before getting to know how to expunge your DUI, make sure you are familiar with the eligibility requirements of every state in Florida.
Florida law provides the following eligibility details for DUI expungement:
After you understand if can a DUI be expunged in Florida, here’s how to get a DUI expunged in Florida:
At this point, you must understand when you can have a DUI expunged. Head on to learn the benefits of expunging a DUI and how it can safeguard your standing in the community:
Even though a DUI conviction in Florida is a misdemeanor, it will remain forever on your criminal record. Can a DUI be removed from your record? You are unable to conceal or expunge a DUI conviction from your record once you have been found guilty. Nonetheless, you have time to lessen the consequences of your DUI accusations before you are found guilty.
How long can a DUI be removed from your record varies whether you're looking for sealing or expungement in different states. The approximate time frame is between 5-7 months. Hiring an expungement attorney helps make the process faster.
Expunging a DUI in Florida will depend if your DUI charges are not proven guilty. The only challenge of DUI Expungement in Florida occurs if your DUI conviction is not eligible for reduction or when you are proven guilty. Expungement and sealing will no longer be possible.
While the benefits of expungement are significant, there are also limitations and challenges to consider:
In Florida, your DUI may stay on your driving record for 75 years. Criminal records in Florida remain in your record for life unless you expunge it.
If the expungement petition is denied, can you get a DUI expunged from the record? If this happens, the criminal case would still be on your record. You may present an appeal or ask for alternative forms of relief, like the sealing of records.
Your sealed records can be reopened, even by you, if certain circumstances require you to do so. Authorized agencies can still have access to your sealed records and reopen them.
