A DUI can have severe ramifications throughout your life. You could face limited job opportunities, lose professional licenses, and have trouble finding housing. The social stigma attached to these charges can also mean struggling with relationships and feeling like everyone is looking down on you.
If you’re going through this challenging situation, you may have questions about how it will affect your future. For instance, can you get a DUI expunged? In Florida, it is possible expunge a DUI so long as you were not convicted of the charge. This could offer a second chance to live your life the way you want. Learn more about this process.
If you’re arrested but the charges are dropped, or you’re otherwise not convicted of a DUI, the arrest itself can be expunged. In some states, convictions can be eligible for this process, too. But what does expungement mean, exactly? It signals that the record will be destroyed so the public cannot access it.
That offers significant benefits since your future employers won’t be able to see that you were charged with a crime. Additionally, nothing in your background will trigger alarms when applying for housing or federal aid. Often, people confuse DUI expungement with record sealing, but the two actions are not the same.
If you were arrested and want to learn more about what to do after an arrest? Download our guide here.
Record sealing will hide your record from the public, but the record will still exist, and police and government agencies can still access it. Licensing boards and courts can ask for your record, too, meaning you’d still struggle to get professional licenses and could have an uphill fight in custody or immigration issues.
DUI expungement, by contrast, destroys your records. The only copy of the arrest will stay with the Florida Department of Law Enforcement, and it cannot use the record or disclose that it exists without a court order.
Before looking into how to expunge a DUI arrest, it’s important to understand why it’s an excellent option and one that anyone with an arrest of this type can benefit from. For one thing, it will help improve your job opportunities.
Employers often don’t want to hire people with criminal records, and you may even be barred from some professions altogether. Licensing boards will not tolerate criminal histories, either, so you could lose any license you already have and be prevented from getting one in the future.
You can also improve your chances of getting a place to live. Landlords will perform a background check and are far less likely to accept applications from those convicted of a crime.
Your civil rights can be impacted by a conviction as well. You can lose your right to own a gun, for example. If you’re not a citizen of the United States, your immigration status could also be at risk. Vitally, a DUI expungement allows you to avoid the social stigma that can accompany a conviction.
To be able to have your DUI expunged, there are some criteria that you have to meet. Ensuring that this is your first offense and that there are no aggravating factors is essential when considering whether this option is suitable for your case.
If your case was resolved without a plea in Florida, you can get the DUI expunged. The only way that can happen is if no formal charges were filed, the case was dismissed, or the charge was reduced to Reckless Driving and the court withheld adjudication.
The DUI charge must be your first similar offense, and there shouldn’t be any aggravating factors, such as having a minor in the car with you. Remember that if you’re convicted of a DUI, Florida will typically not allow you to expunge your records.
That’s different from other states. For example, Arkansas allows you to expunge a misdemeanor or felony DUI as long as no one was hurt. At the same time, Indiana permits you to expunge a misdemeanor after five years have passed.
In Florida, if you’re convicted of either a misdemeanor or felony DUI, you are no longer eligible to expunge your record. Suppose there were aggravating factors in your case, such as excessive blood alcohol concentration levels or minors in the car. In that case, you may not be eligible for expungement even if the charges are dropped.
In states other than Florida, you may be ineligible for this option if you’ve been convicted for similar offenses. Instead, it’s possible to seal the record.
With the question of “Can DUI be expunged?” now answered, it's essential to know how to do so. Here are the general steps you’ll need to follow.
Checking your eligibility for DUI expungement can help you consult with attorneys. Legal counsel is essential in a state with strict guidelines like Florida.
Your lawyer will also help you gather the necessary paperwork. This might include your identification, arrest records, and a certified disposition of criminal charges.
The expungement will require that you obtain a certificate of eligibility, which you can get from the Florida Department of Law Enforcement. To obtain the certificate, you must present an application signed by a Deputy Clerk of Court or a notary and a letter of completion of any programs you had to participate in before the trial.
If you were on probation, you must show a certified termination document. You must also present a fingerprint card and a processing fee.
When you attend the required DUI court hearing, ensure you have supporting documents. You will have a much greater chance of succeeding in your hearing if you have an attorney with you who can make a clear case for why you should have your record expunged.
Once you receive the court’s decision, you will be given a timeframe for when you can expect the expungement to be completed. You can check on the state of the expungement by asking for a background check on yourself or going to the court that presided over your case and asking to see your records.
On average, a DUI expungement takes about three to seven months. However, if your case is complex or involves a felony DUI, it can take longer. There may be additional state-specific procedures that could slow the process down further.
After your DUI has been expunged, you can apply for housing without worrying about background checks. You also aren’t required to disclose your conviction on any job applications. Remember that law enforcement will still have the record, though they can’t use it against you without a court order.
One common issue that can halt the expungement process is if you file the paperwork incorrectly or fail to provide the proper documents. If insufficient evidence shows you’re eligible for expungement, you’ll be denied and need to appeal. All of this costs money and time. With a DUI defense lawyer, you can avoid application mistakes.
You also need to present a strong case when you attend your hearing. You’ll likely receive some pushback from the state, so having an experienced attorney representing you can make a difference.
Florida’s DUI expungement laws are complex, and trying to navigate them alone can cost you time, stress, and missed opportunities. With The Denson Firm’s experience, you’ll have a dedicated legal advocate ensuring your case is handled correctly.
Don’t step into a courtroom unprepared. Take the first step toward clearing your record today! Contact us now to discuss your options and protect your future.
How Long Does a DUI Stay on Your Record in Florida?
In Florida, a DUI conviction is permanent. It will stay on your criminal and driving records forever. You’ll struggle to get housing, top job opportunities, and federal aid. Your insurance premiums will also be significantly affected.
Does Florida Have a Washout Period for DUI?
The washout period is the window of time that prior DUIs are still relevant for sentencing. In Florida, the washout period is five years for a second offense and ten years for a third offense.
This means that if you get a DUI within five years of that first one, you’ll be sentenced for a second offense. However, it won't impact your sentencing if you get another charge seven years after the first.
What Are the Requirements for Expungement in Florida?
To have a DUI expunged in Florida, you must not have pled guilty or been convicted of the offense. You must also be a first-time offender and not have aggravating factors.
Will My Expunged Record Show Up on a Background Check in Florida?
Your record will not be available to the public. Law enforcement and government agencies may still have access to it but will need a court order. However, these records tend to show up on FBI background checks.
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