Can You Get A DUI Expunged In Florida?

In this article, you can discover…

• How expungement works, and whether it can apply to a DUI case.
• The criteria you must meet to have a DUI expunged.
• The options available to you if you do not qualify for expungement.

What Is Expungement, And How Does It Apply To DUI Cases In Florida?

In Florida, there are two ways to clear a criminal record: through sealing and through expungement. With sealing, the record exists, but it is under seal and visible to very few people or entities without a court order.

Expungement is the equivalent of having a criminal record erased. Legally, this allows you to deny the existence of said record in most contexts, such as a majority of job applications and applications for housing.

In Florida, your DUI charge can be expunged only if your case is dismissed before trial. If your case is not dismissed but you receive a “withhold of adjunction”, you may be able to have the charge sealed but not expunged. If you are convicted of a DUI in Florida, you do not have the option of expungement or having your case sealed.

What Criteria Must I Meet To Have My DUI Expunged In Florida?

To have a DUI expunged, the DUI charge must be dismissed before trial. It’s important to note this, as many people assume that a DUI can be expunged if they go to trial and win or if they go to trial and are acquitted. That is not the case in Florida.

A complete dismissal of charges prior to trial is the only way to qualify for expungement. If your charges are lowered, you may be able to have them later sealed but not expunged.

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What Is The Timeline For Expunging A DUI From My Record In Florida?

If you are eligible for expungement in Florida, the timeline to complete the process is two to six months. First, you must fill out an application to have your DUI case expunged and have this application notarized. You must then send the notarized application along with a certified disposition of your case to the State Attorney’s Office.

The State Attorney’s Office must then complete their portion of the application and return it to you and your attorney. Then, your attorney will take the completed application along with the certified disposition and your fingerprints to the Florida Department of Law Enforcement. This Department will review your application and render a decision as to whether or not you are eligible for expungement. If they determine that you are eligible, they will send you a Certificate of Eligibility.

Once you and your attorney receive the Certificate of Eligibility, you will submit it along with certain court filings to the court where your DUI case was heard and set a date for a hearing. The judge will eventually hand down a ruling, usually involving them signing the order and making sure everything is in order.

This order directs that your DUI record be expunged and will be circulated to the appropriate agencies: the Clerk of Court, the arresting law enforcement agency, and the Florida Department of Law Enforcement.

How Can An Attorney Help Me With The DUI Expungement Process?

An experienced attorney can let you know if you are eligible to have your DUI case expunged. If you do qualify, they can direct you through the process, ensuring that all applications are filled out correctly and that the needed documents are included. An experienced attorney should be able to tell you, before actually commencing the application process, whether or not you are eligible.

Understanding Your Options If You Are Not Eligible For Expungement

If you are not eligible for an expungement of your DUI, you may still be able to have the record sealed, helping you get over the hurdle you are facing. In other cases, if sealing your record is not an option, you could possibly explain the charge or provide the person running a background check with a certified copy of the disposition and a letter from your attorney explaining what the disposition means.

This letter from your attorney can be quite helpful, as most people don’t speak “legalese” and might mistake a dismissal for a conviction. Whether your case was dismissed at trial, the State Attorney’s Office declined to press charges, or the State decided not to pursue the charges against you, a letter from your attorney can help clarify your case for anyone who might be concerned upon seeing your DUI charge appear in a background check.

Still Have Questions? Ready To Get Started?

For more information on DUI expungement Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (305) 917-5284 today.