Background checks are part of the hiring process in Florida. This process ensures that you have not been convicted of any crime in the past before entering the company. Driving under the Influence (DUI) is no exception. As a job seeker, one question you may ask is: Will a DUI show up on a background check in Florida? The answer is yes. However, there are also factors to be considered.
In this article, we’ll find out how a DUI appears in background checks, how long it will stay, and if there are any options to expunge such records.
Does a DUI Show Up On a Background Check in Florida?
A DUI will always appear on background checks in Florida once it results in a conviction. Under Florida Statute §316.193, a DUI conviction becomes a permanent part of the criminal record and appears indefinitely on criminal background checks, employment screenings, driving record (MVR) checks, and national criminal databases.
A DUI can only be removed from background checks if the charge was dismissed or did not result in a conviction and the record was successfully sealed or expunged.
How a DUI Appears on Different Types of Florida Background Checks
In Florida, a DUI conviction appears on background checks in two primary ways: via the Motor Vehicle Record (MVR) system and the Criminal Justice system.
1. MVR (Motor Vehicle Record) Checks
This is often the first place a DUI is flagged, especially for jobs requiring driving.
- System Accessed: Florida Highway Safety & Motor Vehicles (FLHSMV) database.
- Details Revealed: This report focuses on your driving privilege history, including license status (suspended/valid), points accumulated, accidents, and all traffic violations. A DUI conviction will be prominently displayed and typically remains on a Florida MVR for 75 years.
2. Criminal Background Checks (State & County Level)
In Florida, a DUI is a crime (typically a first-degree misdemeanor).
- System Accessed: County court records and the Florida Department of Law Enforcement (FDLE) state repository.
- Details Revealed: A standard criminal background check used by most employers will reveal the court disposition (e.g., “guilty” or “convicted”), sentencing information, and details of the charge. This information is found whether the employer uses a standard Level 1 name-based background check or a comprehensive third-party criminal history search.
3. Federal/National Background Checks
This covers comprehensive national screenings, which are mandated for certain sensitive positions in Florida.
- System Accessed: The FBI’s national criminal information database.
- Details Revealed: The FDLE shares criminal conviction data with the FBI. Therefore, when a Level 2 fingerprint-based background check is conducted for sensitive Florida jobs (e.g., teachers, healthcare workers, security personnel), the FBI search will return the Florida-based DUI conviction record.
In summary, because a DUI creates records in both traffic and criminal databases that share data nationally, it is a highly visible offense that employers and agencies are likely to discover.
In Which Case Can a DUI Be Removed from Florida Background Checks?
A DUI can be removed from Florida background checks only if there is no conviction. Florida law does not allow expungement or sealing of DUI convictions.
A DUI record may be removed when:
- The DUI charge was dismissed
- The individual was found not guilty
- Adjudication was withheld, and the case meets Florida sealing or expungement requirements
In these situations, the record remains visible on background checks until it is successfully sealed or expunged through the Florida Department of Law Enforcement (FDLE) and the court.
Sealing or expungement only removes the record from public government access. In some cases, the criminal record may still appear on private background check databases if those companies fail or refuse to update their data. When this happens, a specialized criminal background check removal process is required to fully remove the remaining criminal footprint.
What You Can Do About DUI Records on Background Checks
Having a DUI offense, whether it results in a conviction or not, affects employment opportunities significantly. Therefore, it is important to verify how the DUI appears on your record and determine whether any legal or background check removal options apply to your situation. Some of these are the following:
1. Identify Whether the DUI Is a Charge or a Conviction
Background check companies sometimes report incorrect information. Reviewing your Florida Department of Law Enforcement (FDLE) record helps ensure accuracy.
2. Confirm Your Record Accuracy
Background check companies sometimes report incorrect or outdated information. Reviewing your Florida Department of Law Enforcement (FDLE) criminal history helps confirm the charge, case outcome, and reporting accuracy.
3. Pursue Sealing or Expungement for Eligible Arrests
If the DUI charge was dismissed, resulted in no conviction, or adjudication was withheld, the record may qualify for sealing or expungement under Florida law, which removes the record from public access.
4. Consult an Attorney for Complex Cases
An attorney can review court records, confirm eligibility, and determine whether sealing, expungement, or additional background check removal steps are required.
Get Help Removing DUI Records From Background Checks
DUI records can continue to appear on background checks even after a case is closed, dismissed, or expunged, especially when private databases fail to update their information. Identifying whether your DUI resulted in a conviction, confirming record accuracy, and applying the correct removal process are critical steps.
Erase The Case focuses exclusively on Florida expungement, record sealing, and criminal background check removal. If your DUI did not result in a conviction or your expunged record is still appearing on background checks, a case review can determine the fastest and most complete legal path to remove your remaining criminal footprint.
Contact Erase The Case to discuss your Florida DUI record and background check options:
- Phone: +1 866-372-7335
- Email: lawyer@erasethecase.com
