If you are arrested for a DUI (driving under the influence), you will not be able to expunge or seal your record.
Florida Statute section 316.656 states that no trial judge should allow a plea of guilty to a lesser offense for DUI violation.
However, DUI expungement in Florida only applies to cases that were dismissed, reduced, or dropped. When your DUI record is reduced to careless driving, you will have to get a certificate of adjudication before you may apply to the Florida Department of Law Enforcement (FDLE) to have your record sealed.
What Is A DUI in Florida?
A DUI meaning “driving under the influence” in Florida, is a crime under Section 316.193 of the Florida laws that carries potentially serious repercussions. Operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or above is considered a DUI. Drivers who are older than 21 must adhere to this legal limitation.
But DUI is defined by more than simply the typical blood alcohol content. Florida has tougher regulations- especially on minors. Because the state is committed to preventing underage drinking and driving, charges of DUI can be brought against anybody under the age of 21 with a blood alcohol content (BAC) as low as 0.02%. If a commercial driver’s blood alcohol content (BAC) is 0.04% or greater, they may also be charged with DUI.
DUI Expungement Eligibility Requirements in Florida
Before expunging your records, make sure you are eligible in each Florida state before learning how to get your DUI erased.
The following qualifying requirements for DUI expungement are provided by Florida law:
- The case should be dropped, although you were arrested or faced charges for DUI
- DUI charges against you were dismissed or reduced after your arrest.
- No past conviction is listed on your record.
Read on and learn more as “Can you get a DUI expunged in Florida” is answered.
Steps to Expunge a DUI in Florida
After determining your eligibility, expunge a DUI in Florida with these helpful steps
Step 1. Compile data and verify eligibility
To remove a DUI from the record, gather necessary documents and evidence. Also, include copies of arrest and court documents.
Ensure you have a copy of the documentation for your DUI arrest and legal proceedings. And find out if Florida’s expungement rules apply to your case.
Step 2. File a petition
Your attorney will file a petition for you, with proof to back up your request to remove a DUI from your record.
Submit your petition to the court together and pay for the legal fees. You may need to inform important entities of your request for expungement, depending on the specifics of the case. Talk with your lawyer and ask “Can you get a felony DUI expunged” if needed.
Step 3. Attend a hearing
Gather any more supporting documentation or evidence to ensure you are prepared for the hearing. Your DUI lawyer will represent you to ensure that your case will be expunged.
Work together and make an appropriate and convincing argument for the court to allow your request for expungement.
Step 4. Await the verdict
The court’s ruling will be sent to you shortly. If the court grants the expungement, an order to seal your record will be issued. Your DUI record will be sealed when the order is granted, meaning background checks won’t reveal it.
You might be able to file an appeal if your request for expungement is turned down. For the next course of action, speak with your lawyer.
How Long Does It Take To Expunge a DUI in Florida?
The expungement process for DUI is between 5-7 months. Depending on the state, the amount of time a DUI can be expunged or sealed from your record varies.
How long does a DUI stay on your Record in Florida
A DUI in Florida stays on your record for at most 75 years.
Because of the Driver’s License Compact, which makes it easier for participating states to share information regarding license suspensions and moving infractions, a DUI conviction might stay on your driving record for a long time.
Because of this, Florida DUI expungement is considered in case one gets involved with related incidents. But because of the seriousness of a DUI conviction, it’s best to make sure to maintain a clean driving record.
Will a DUI in Florida be removed from a driving record after five years?
After five years, a DUI conviction in Florida does not instantly disappear from your driving history. Unless particular legal steps are taken to address and maybe remove the conviction, the 75-year period is still in effect.