July 16, 2025
A driving under the influence (DUI) conviction can have lasting consequences, affecting everything from employment opportunities to personal freedoms. Many individuals wonder if it’s possible to expunge a DUI from their record, offering a fresh start.
The answer depends on the outcome of your case. Florida law makes a critical distinction between a DUI conviction and a DUI arrest.
The short answer is that you cannot expunge a Florida DUI conviction from your record. However, if the court dismissed the DUI charges or found you not guilty, or if the prosecutor dropped the charges, you may seal or expunge the arrest record.
If you can keep the charges from sticking, you can clear your name and record. This makes hiring a Florida DUI lawyer right away extremely important.
An exploration of expungement, its applicability to DUI offenses, and the factors that influence the possibility of clearing your record follow below.
Florida Prohibits Expunging a DUI Conviction
Under Florida Statute § 943.0585, you cannot seal or expunge your record if a judge withholds adjudication or if you plead guilty or “no contest” to a DUI.
A conviction for a DUI under Florida Statute § 316.193 permanently remains on your criminal record and is accessible to the public, including employers and landlords.
This prohibition is absolute. No waiting period or demonstration of rehabilitation allows you to expunge a DUI conviction in Florida.
You May Seal or Expunge a DUI Arrest Record
While you cannot expunge a conviction, you may have a path to clear the arrest record itself if your case results in a favorable outcome.
You may petition the court to seal or expunge your DUI arrest record if:
- The prosecutor drops the charges (nolle prosequi).
- The court dismisses the case.
- A jury or judge finds you not guilty at trial (acquittal).
Securing one of these outcomes is the only way to remove a Florida DUI from public view. This makes your initial defense strategy critical. An attorney who focuses on DUI defense can challenge the traffic stop, the breath or blood test results, and the officer’s procedures to work toward a dismissal or acquittal.
What Is the Difference Between Sealing and Expunging an Arrest Record?
While people often use the terms interchangeably, sealing and expunging have different effects in Florida.
- Sealing a Record: When a court seals a record, it restricts public access. Most private employers will not see it during a background check. However, government and law enforcement agencies, along with certain licensed employers, can still access the information.
- Expunging a Record: Expungement offers a more complete removal. Once expunged, the record is physically destroyed by the authorities that hold it. Only a very limited number of government entities may access it under specific circumstances. Generally, you must first seal a record and wait 10 years without another offense before you can petition for expungement.
To begin either process, you must first apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE).
How a DUI Lawyer Can Help
To achieve better results, a DUI lawyer can focus on several key areas:
Thorough Case Evaluation
- Evidence Review: Meticulously examine all evidence, including police reports, breathalyzer results, blood tests, field sobriety test videos, and witness statements.
- Procedural Errors: Identify any procedural errors or constitutional violations made by law enforcement during the stop, arrest, or evidence collection.
- Client Interview: Conduct a detailed interview with the client to understand their account of events, medical conditions, and any potential defenses.
Strategic Defense Planning
- Challenging Evidence: Develop strategies to challenge the admissibility or accuracy of evidence, such as the calibration of breathalyzer machines or the proper administration of field sobriety tests.
- Legal Precedent: Research relevant case law and statutes to identify favorable precedents or arguments.
- Negotiation: Engage proactively with prosecutors to explore plea bargains, reduced charges, or alternative sentencing options, especially for first-time offenders.
Courtroom Preparedness and Advocacy
- Expert Witnesses: Utilize expert witnesses (e.g., toxicologists, accident reconstructionists) to challenge scientific evidence or provide alternative explanations.
- Cross-Examination: Prepare rigorous cross-examination questions for arresting officers and other prosecution witnesses.
- Compelling Arguments: Present clear, concise, and persuasive arguments to the judge or jury.
Client Communications and Education
- Realistic Expectations: Communicate the case’s potential outcomes, risks, and complexities to the client.
- Process Explanation: Educate clients about the legal process, their rights, and what to expect at each stage.
- Ongoing Updates: Provide regular updates on case progress and any new developments.
- Continuing Legal Education and Networking
- Stay Updated: Continuously learn about new DUI laws, defense strategies, and scientific advancements related to sobriety testing.
- Professional Development: Attend seminars, workshops, and legal conferences to enhance skills and knowledge.
- Peer Collaboration: Network with other DUI defense attorneys to share insights and best practices.
By focusing on these areas, a DUI defense attorney can strengthen their approach, leading to more favorable outcomes for their clients, whether through dismissal, acquittal, reduced charges, or alternative sentencing.
FAQs About DUI Expungement
Do I qualify to seal my Florida DUI arrest record if I have a prior conviction for something else?
You likely do not qualify. To obtain a Certificate of Eligibility from the FDLE, you must attest that you have never been convicted of any criminal offense in any jurisdiction. A prior conviction of any kind, even for an unrelated misdemeanor, will prevent you from sealing or expunging a DUI arrest record.
How long does it take to seal or expunge a DUI arrest record in Florida?
The process typically takes several months. After your DUI case concludes favorably, you must first apply to the FDLE for a Certificate of Eligibility, which can take a few months to process.
Once you have the certificate, your attorney files a petition with the court that handled your case. The court then sets a hearing to grant the sealing or expungement.
What is the first step I should take if I was arrested for a DUI in Florida?
Contact a DUI defense attorney immediately. Because you only get one chance to avoid a conviction, your actions in the days and weeks following your arrest are crucial.
An attorney can represent you in both the criminal court proceedings and the administrative hearing with the Department of Highway Safety and Motor Vehicles (DHSMV) regarding your driver’s license.
Speak to a DUI Lawyer About Expungement
Do you have questions about a DUI charge? Take the next step and consult a DUI defense attorney. They will explain your rights and see where you stand. Talk to a DUI attorney now.