Can You Get A DUI Expunged in Florida?

David Weisselberger | July 6, 2024

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Can you get a DUI expunged in Florida? DUI convictions are not eligible for expungement and sealing. Only when your case is dismissed, reduced, or dropped that you will be able to expunge your records.

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.

What Is A DUI Expungement in Florida?

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.

DUI Expungement Florida

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.

Difference Between Expungement and Sealing in Florida

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!

Eligibility Requirements for DUI Expungement in Florida

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:

  • You were arrested or charged with DUI but the case was dismissed.
  • You were arrested or charged with DUI but the charges were dropped or reduced.
  • You do not have a prior conviction on your record.

Wondering if you are eligible for expungment?

Take 10 mins to take the test below to know if you are qualified for a DUI expungement in Florida

How To Expunge a DUI in Florida

After you understand if can a DUI be expunged in Florida, here’s how to get a DUI expunged in Florida: 

Step 1: Gather information and eligibility check

  • First collect any necessary evidence. That includes  copies of court records and arrest records.
  • Make sure you have all the paperwork you need for your DUI arrest and court case.
  • Verify if your case qualifies for Florida's expungement laws.

Step 2: File the petition

  • Your lawyer will draft a petition that includes all of the evidence you need to support your request to have your record expunged.
  • File your petition with the court and pay necessary fees.
  • Depending on the circumstances, you might have to give notice of your request for expungement to the prosecutor's office and other relevant agencies.

Step 3: Show up to court sessions

  • Make sure you are ready for the hearing by gathering any more supporting papers or proof.
  • Your chances of a favorable result might be greatly increased by having an experienced DUI attorney on your side. 
  • Prepare a concise and compelling argument that shows your right to have your DUI record erased before the court.

Step 4: Wait for the final verdict

  • You will soon receive the court’s decision. And if the expungement is granted, the court will issue an order to seal your record.
  • Once the order is issued, your DUI record will be sealed, and it will not appear in background checks.
  • If your expungement request is denied, you may have the option to appeal the decision. Consult with your attorney for the next step.

Get your DUI expunged in just 3-5 months!

We are proud to be the 5-star DUI expungement service in Florida

What Are the Benefits of Expunging a DUI 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: 

  • Better Housing Prospects: Landlords will run background checks on prospective renters, and a clean record will help you get chosen by many landlords.
  • Better Employment Opportunities: Most companies don’t hire employees with DUI conviction. That’s why DUI expungement can help you get hired and be promoted.
  • Improved Reputation: A DUI conviction may put strain on relationships with others, both personally and professionally. Expunging your records can help regain the trust of others.
  • Peace of Mind: You may feel relieved and move on with your life without having to worry about the past ever again if you have your DUI record expunged.

How Long Does A DUI Stay on Your Record in Florida?

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 Does It Take To Expunge a DUI in Florida?

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. 

What Are the Challenges of DUI Expungement in Florida?

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:

  • Not All Records Are Eligible: As discussed earlier, not all DUI convictions are eligible for expungement. It’s crucial to verify your eligibility before pursuing this option.
  • Access by Certain Entities: Even if your record is expunged, certain entities, such as law enforcement agencies and government bodies, may still have access to your sealed records.
  • Time-Consuming Process: The expungement process can be lengthy and requires careful attention to detail. Missing any steps or deadlines can delay or jeopardize your expungement.
  • Legal Costs: Hiring a skilled DUI lawyer to assist with the expungement process can be costly. However, the investment is often worthwhile given the potential benefits of a successful expungement.

FAQ

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.

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David Weisselberger
Author | Founder
"David Weisselberger is the founder of Erase The Case. He completed his Bachelor of Arts at the University of Florida, & also his Juris Doctor from UM School of Law. Afterwards, He has been working as a former Miami-Dade County Assistant Public Defender. Also, as a solo lawyer and former associate at South Florida’s honored Saban & Solomon Law Firm. He has learned firsthand the effects people face from having a public criminal arrest record mark their lives. Therefore, David has always been working hard to help people get rid of haunting crimnal past and have a second chance in life"

Trusted process. Proven results.

We have provided more expungements than any other law firm in the state of Florida, but don't just take our word for it.  
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    "My experience with this law firm was exceptional. After submitting the required documents, they took care of everything with ease, professionalism, and expediency. I was kept informed throughout the process. In only 3 months, all record of my case was erased from my background check. I used the "expunge now, pay later" option, which let me pay the fee over time with Affirm."
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