Understanding Florida’s DUI Expungement Laws and Eligibility
A DUI arrest in Florida can have long-lasting effects on your record, impacting your ability to secure employment, housing, and professional licenses. Many people wonder if a DUI can be expunged, allowing them to clear their records and move forward without the burden of a past mistake. The short answer is that Florida law places strict limitations on DUI expungements, but under certain circumstances, it may be possible. Understanding these legal restrictions and available options is critical to determining your next steps.
What is a DUI Under Florida Law?
Under Florida Statutes § 316.193, a DUI (Driving Under the Influence) occurs when:
- A person is in actual physical control of a vehicle, and
- They are under the influence of alcohol, chemical substances, or controlled substances to the extent that their normal faculties are impaired, or
- They have a blood alcohol concentration (BAC) of 0.08% or higher.
A DUI can be charged as either a misdemeanor or a felony, depending on the circumstances. Factors that influence the severity of the charge include prior DUI convictions, BAC level, whether there was property damage or injury, and whether minors were in the vehicle.
Can a DUI Be Expunged in Florida?
Florida has some of the strictest laws regarding DUI expungement. Unlike other states that allow expungements after a certain period, Florida prohibits the expungement or sealing of DUI convictions. However, there are exceptions for cases that do not result in a conviction.
Under Florida Statutes § 943.0585, expungement is only possible in very limited scenarios, including:
- DUI Charges Dropped or Dismissed
- If your DUI case was dismissed before trial, you may qualify for expungement.
- DUI Charge Reduced to a Lesser Offense
- If your charge was reduced to reckless driving, you may be able to seal the record.
- Acquittal at Trial
- If you were found not guilty, you may be eligible for expungement.
If you were convicted of a DUI, meaning you pled guilty, no contest, or were found guilty in court, the record cannot be sealed or expunged.
Expungement vs. Record Sealing in Florida DUI Cases
Many people confuse expungement and record sealing, but they are two different processes under Florida law.
- Expungement: The record is completely destroyed, and even law enforcement cannot access it without a court order.
- Record Sealing: The record still exists, but it is hidden from public access, meaning most employers and landlords cannot see it.
If your DUI charge was reduced to reckless driving, you may be eligible to seal your record under Florida Statutes § 943.059.
DUI Expungement Eligibility Requirements
To qualify for expungement or record sealing, you must meet the following criteria:
- No prior convictions: You cannot have a previous felony conviction or a record of expungement.
- Case resulted in dismissal or acquittal: If your charge was dropped, dismissed, or resulted in a not guilty verdict, you may apply.
- No prior sealing or expungement: Florida law allows only one record sealing or expungement in a lifetime.
Even if your DUI charge was dismissed, if you have another criminal record that was sealed or expunged, you will not qualify for a second expungement.
How to Expunge a DUI Arrest Record in Florida
If your DUI case was dismissed or resulted in a not guilty verdict, you may begin the expungement process. The steps include:
- Obtain a Certificate of Eligibility
- Submit an application to the Florida Department of Law Enforcement (FDLE).
- Provide fingerprints and necessary documentation.
- File a Petition for Expungement
- Submit the petition in the court where the case was originally filed.
- Attend a Hearing (if required)
- Some judges require a court hearing before granting expungement.
- Wait for the Final Order
- If approved, the record will be destroyed, preventing it from appearing in background checks.
The process can take several months, so it’s important to start as soon as possible.
When Can a DUI Charge Be Reduced to Reckless Driving?
A DUI charge is sometimes reduced to reckless driving under Florida Statutes § 316.192. This often happens when:
- The prosecution lacks strong evidence to prove impairment.
- There were procedural errors in the arrest or DUI testing process.
- The defendant agrees to a plea deal, usually involving DUI school and probation.
If your charge is reduced, you may qualify to have the reckless driving record sealed after completing all sentencing requirements.
How a DUI Conviction Affects Your Future
A DUI conviction can have lasting consequences, including:
- Criminal Record: A conviction cannot be removed, impacting job opportunities and housing applications.
- Driver’s License Suspension: A first-time DUI results in a 6-12 month suspension, with longer suspensions for repeat offenses.
- Higher Insurance Rates: DUI convictions result in SR-22 or FR-44 insurance, significantly increasing premiums.
- Professional Consequences: A DUI can impact nurses, teachers, commercial drivers, and other professionals who require licensing.
- Immigration Status Issues: A DUI conviction can affect visa applications, green card renewals, and naturalization eligibility.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.
Florida DUI FAQs
Can I get a DUI conviction expunged in Florida?
No, a DUI conviction cannot be expunged or sealed under Florida law. However, if your DUI charge was dropped, dismissed, or reduced to reckless driving, you may be eligible for record sealing or expungement.
What happens if my DUI case was dismissed?
If your DUI case was dismissed, you may qualify for an expungement, which will completely remove the arrest record from public view. You must apply for a Certificate of Eligibility and file a petition with the court.
Can a reckless driving charge be sealed or expunged?
Yes, if your DUI charge was reduced to reckless driving, you may qualify to seal your record. However, you must complete all sentencing requirements and meet eligibility criteria.
How long does a DUI stay on my record in Florida?
A DUI conviction remains on your record permanently in Florida. It cannot be expunged or sealed, even after many years.
Can a first-time DUI be expunged in Florida?
No, a first-time DUI conviction cannot be expunged. However, if you were not convicted—meaning your charges were dismissed, dropped, or resulted in an acquittal—you may qualify for expungement.
How much does it cost to expunge a DUI record in Florida?
The total cost varies, but the FDLE Certificate of Eligibility fee is $75, and attorney fees can range from $500 to $2,500 depending on case complexity.
Will an expunged DUI show up on a background check?
If your DUI charge was expunged, it will not appear on standard background checks. However, certain government agencies may still have access to sealed or expunged records.
Can I get a job with a DUI conviction on my record?
A DUI conviction can make it harder to pass background checks, especially for jobs in law enforcement, healthcare, education, and commercial driving. Employers may view a DUI as a red flag, making it crucial to explore options for record sealing if eligible.
What should I do if I was wrongly accused of DUI in Florida?
If you were wrongly accused, you should challenge the evidence, request dashcam footage, and consider filing for expungement if the charges were later dropped or dismissed.
What is the difference between DUI expungement and record sealing?
Expungement completely destroys the record, while record sealing hides it from public access but allows certain government agencies to view it. Expungement is available only if the DUI charge was dropped or dismissed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.