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The answer isn't simple—Florida's expungement and sealing laws are strict, and DUI convictions face specific barriers. However, understanding what's possible (and what isn't) helps you make informed decisions about your future.
The Hard Truth: DUI Convictions Cannot Be Expunged in Florida
If you were convicted of DUI in Florida, that conviction cannot be expunged or sealed. This is one of the most restrictive aspects of Florida's expungement law.
Under Florida law, some of the main Sealing and Expungement Statutes are: §943.0585, §943.059, and §943.0579 (relates to the expunction of a qualifying marijuana offense). Certain offenses are permanently ineligible for relief, including:
DUI (Driving Under the Influence)
Vehicular homicide
Manslaughter
Sexual offenses
Domestic violence convictions
Child abuse or neglect
Why this matters: A DUI conviction remains on your criminal record permanently and will appear on background checks conducted by employers, landlords, licensing boards, and others. Florida law provides no mechanism to remove or hide it.
When DUI Records CAN Be Sealed or Expunged
While a DUI conviction cannot be expunged, there are limited circumstances where DUI-related records may be eligible for relief:
1. DUI Arrest Without Conviction
If you were arrested for DUI but the charges were:
Dismissed by the prosecutor
Resulted in a "not guilty" verdict at trial
Dropped or "nolle prossed"
You may be eligible to expunge the arrest record, provided you meet all other Florida eligibility requirements and have never been convicted of any other crime.
Important distinction: Many people confuse "withhold of adjudication" with having no conviction. This is incorrect (see below).
2. Reckless Driving Reduction
If your DUI charge was reduced to reckless driving (often called a "wet reckless"), your record shows a reckless driving conviction—not a DUI conviction.
Reckless driving is not one of the disqualifying offenses under Florida's sealing statute. If this is your only offense and you meet all other requirements, you may be eligible to seal (not expunge) the record.
Key requirement: You cannot have any prior convictions, even for minor offenses, and you cannot have previously sealed or expunged another record in Florida.
3. Withhold of Adjudication (Sealing Only, Not Expungement)
If the court withheld adjudication on your DUI charge (meaning you completed probation but were not formally "convicted"), you may be eligible to seal the record—but not expunge it.
Critical limitation: Even with a withheld adjudication, DUI is a disqualifying offense under Florida Statutes §943.059. This means:
You cannot expunge a DUI if adjudication was withheld (DUI is specifically listed as ineligible)
However, if the charge was reduced to a non-disqualifying offense (like reckless driving) with a withhold of adjudication, sealing may be possible
Bottom line: Withheld adjudication on a DUI charge itself does NOT qualify for sealing or expungement in Florida.
What's the Difference Between Sealing and Expungement?
Sealing (Florida Statutes §943.0585)
Criminal record still exists but is hidden from most public view
Most private employers cannot see sealed records in background checks
Government agencies, law enforcement, and certain regulated industries (healthcare, education, law) can still access sealed records
Requires Certificate of Eligibility from FDLE (Florida Department of Law Enforcement)
One-time opportunity in Florida (with limited exceptions)
Expungement (Florida Statutes §943.0581 and §943.059)
Criminal record is physically destroyed or removed from databases
Even government agencies should not see expunged records (with very limited exceptions for specific law enforcement purposes)
Only available for arrests that did NOT result in conviction
Also requires FDLE Certificate of Eligibility
Stricter eligibility requirements than sealing
Key requirement for both: You can only seal or expunge one record in your lifetime in Florida (with rare exceptions for human trafficking victims and other specific circumstances).
Florida Record Expungement Eligibility Requirements
To seal or expunge any criminal record in Florida, you must meet ALL of these requirements:
✓ No prior convictions - You've never been convicted of a crime in Florida or any other state (minor traffic violations don't count)
✓ No prior sealing or expungement - You haven't previously sealed or expunged a record in Florida (limited exceptions exist)
✓ Eligible offense - The charge is not on Florida's list of disqualifying offenses (which includes DUI convictions)
✓ Case resolution - For expungement: charges must have been dismissed or you were found not guilty. For sealing: adjudication must have been withheld on an eligible offense
✓ Completed sentence - All terms of probation, community service, fines, and restitution fully completed
✓ Waiting period - Typically 10 years from case completion for sealing (no waiting period for expungement if charges were dismissed)
✓ FDLE Certificate of Eligibility - You must obtain approval from Florida Department of Law Enforcement before filing with the court
The Florida Expungement Process (For Eligible Records)
If you have an eligible record that's NOT a DUI conviction:
Step 1: Obtain a Certified Disposition from the clerk of court showing the final outcome of your case
Step 2: Apply to FDLE for Certificate of Eligibility - Submit application, fingerprints, and $75 processing fee to Florida Department of Law Enforcement
Step 3: Wait for FDLE Approval - Processing typically takes 90-120 days
Step 4: File Petition with Circuit Court - Once FDLE issues the Certificate, file a petition in the county where you were arrested/charged
Step 5: Serve Required Parties - Prosecutor, FDLE, and arresting agency must receive copies
Step 6: Court Hearing - Judge reviews petition and may hold a hearing (prosecutor can object)
Step 7: Final Order - If granted, the court issues an order directing all agencies to seal or expunge the record
Timeline: The complete process typically takes 5-8 months from start to finish.
Costs: FDLE application fee ($75), court filing fees ($42-$120), service costs, and attorney fees if you hire representation (typically $1,500-$3,500 for the full process).
What If My DUI Record Can't Be Expunged?
If you have a DUI conviction that cannot be sealed or expunged, you still have options:
1. Petition for Clemency (Executive Pardon)
Florida's Office of Executive Clemency, overseen by the Governor and Cabinet, has authority to grant pardons that can restore civil rights and potentially allow record sealing.
Reality check: Clemency is extremely difficult to obtain, involves a lengthy application process, typically requires waiting 5-10 years after sentence completion, and is rarely granted for DUI convictions alone.
2. Focus on Case Mitigation
While you cannot remove the DUI conviction, you can:
Obtain character reference letters for employment applications
Complete additional DUI education or substance abuse treatment beyond what was required
Demonstrate years of clean record since the conviction
Be prepared to explain the circumstances honestly in job interviews
Focus on career fields less sensitive to background checks
3. Explore Employment Opportunities
Some employers:
Conduct limited background checks (7-year lookback periods)
Care less about older offenses
Value honesty and rehabilitation over a clean record
Are willing to consider individual circumstances
Tip: Being upfront about your record in job applications (when legally required to disclose) demonstrates honesty and accountability—qualities employers value.
Common Florida DUI Expungement Myths Debunked
❌ Myth: "I got a withhold of adjudication, so I can get my DUI expunged."
✅ Truth: DUI is specifically excluded from sealing/expungement even with withheld adjudication.
❌ Myth: "After 10 years, my DUI automatically comes off my record."
✅ Truth: DUI convictions remain on your record permanently. Florida has no automatic expungement.
❌ Myth: "I completed my probation early, so I can expunge my DUI."
✅ Truth: Completing probation doesn't change eligibility—DUI convictions are permanently ineligible.
❌ Myth: "Expungement services advertised online can remove any record."
✅ Truth: No attorney or service can expunge an ineligible offense. Beware of scams promising guaranteed expungement.
❌ Myth: "If my DUI was reduced to reckless driving, it's still considered a DUI."
✅ Truth: If formally reduced, your record shows reckless driving (eligible for sealing), not DUI (ineligible).
Frequently Asked Questions
Can I expunge a DUI conviction in Florida?
No. Florida Statute §943.0585specifically prohibits sealing or expunging DUI convictions. This applies regardless of how long ago the conviction occurred or whether you successfully completed probation.
What if my DUI charge was dismissed?
If your DUI charge was dismissed, dropped, or you were found not guilty, you may be eligible to expunge the arrest record—provided you meet all other eligibility requirements, have no prior convictions, and have never previously sealed or expunged a record in Florida.
Can I seal a DUI with a withhold of adjudication?
No. While withheld adjudication generally makes records eligible for sealing, DUI is specifically listed as a disqualifying offense even with withheld adjudication. However, if the charge was reduced to a non-disqualifying offense (like reckless driving) and adjudication was withheld, sealing may be possible.
How much does it cost to expunge a record in Florida?
FDLE charges a $75 application fee for the Certificate of Eligibility. Court filing fees range from $42-$120 depending on the county. If you hire an attorney to handle the process, total costs typically range from $1,500-$3,500 including all fees.
How long does the Florida expungement process take?
The complete process typically takes 5-8 months. FDLE takes 90-120 days to process the Certificate of Eligibility application, then the court petition, service, and hearing process adds another 2-4 months depending on the county and court schedule.
Can I do a Florida expungement myself without a lawyer?
Legally, yes—you can file pro se (representing yourself). However, the process involves multiple steps, strict procedural requirements, and potential court hearings. Many people hire attorneys to ensure proper completion and avoid costly mistakes that could result in denial.
If I get my record sealed, will employers still see it?
Most private employers conducting standard background checks will not see sealed records. However, government agencies, law enforcement, and certain regulated industries (healthcare, education, legal, childcare) can still access sealed records. Expunged records are more thoroughly removed from databases.
Can I seal or expunge multiple arrests in Florida?
Generally, no. Florida law allows you to seal or expunge only one criminal record in your lifetime (with limited exceptions for human trafficking victims and certain other circumstances). Choose carefully which record to address if you have multiple arrests.
What happens if I lie about an expunged record on a job application?
For expunged records, you generally may legally deny the arrest occurred for most employment purposes. For sealed records, the rules are more nuanced—government and regulated industry positions may require disclosure. Always consult an attorney about what you must disclose for specific applications.
Know Your Options and Get Professional Guidance
Florida's expungement and sealing laws are complex, and DUI convictions face significant barriers to removal. While a DUI conviction cannot be expunged or sealed, understanding the limited circumstances where DUI-related records may be eligible—such as dismissed charges or reduced offenses—helps you explore all available options.
If you're unsure whether your record qualifies for relief, consulting with a Florida criminal defense attorney who handles expungements is the best first step. A criminal defense attorney can review your specific case history, determine eligibility, and guide you through the FDLE and court petition process.
Don't let misinformation or false promises from "expungement services" waste your time and money. Get accurate legal advice about what's actually possible under Florida law.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. Florida expungement law is complex and depends on specific case facts and criminal history. Reading this article does not create an attorney-client relationship. For advice about your specific situation, consult a qualified Florida criminal defense attorney.
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