Oct 5, 2025
Can You Get a DUI Off Your Record in Florida?
A common question is whether a Driving Under the Influence (DUI) charge can be removed from a person's record in Florida. In Florida, a DUI conviction cannot be sealed or expunged. It becomes a permanent part of your criminal and driving history. Grasping this reality from the outset is crucial.
The Hard Truth About a DUI on Your Florida Record
When people ask if they can get a DUI off their record, they are usually referring to sealing or expungement. While those legal tools are available for many other offenses in Florida, state law prohibits their use for DUI convictions. This firm stance shows how seriously the state treats driving under the influence.
The final outcome of your case is the only thing that determines its long-term impact. A conviction is permanent. Other resolutions, however, can open a path to a clean slate.
Why the Case Outcome Is Everything
The difference between a conviction, a reduced charge, or a dismissal isn't just about short-term penalties—it dictates whether you can move on without this charge affecting your future.
Consider these common scenarios:
A DUI Conviction: This is the most serious result for your record. It creates a permanent criminal history that cannot be hidden or removed.
A Reduced Charge: If your attorney negotiates the charge down to something less serious, like Reckless Driving, and you receive a "withhold of adjudication," you might be able to get the record sealed.
A Dismissal or Acquittal: If the charges are dropped or you’re found not guilty at trial, the arrest record still exists. The good news is you are likely eligible to have the entire arrest record expunged.
The opportunity to protect your record exists while your case is still active, not years after it’s closed. A proactive defense is critical, because once a DUI conviction is on the books, the options to clear it disappear. Past results do not guarantee future outcomes.
Understanding these distinctions is the first step toward protecting your future. An experienced defense lawyer can give you detailed advice on DUI charges and your options after looking at the specific facts of your situation.
To make this clear, the table below shows how different case results impact your permanent record and your eligibility to clear it.
Florida DUI Case Outcomes and Your Permanent Record
Case Outcome | Impact on Criminal Record | Eligibility to Seal or Expunge |
|---|---|---|
DUI Conviction | Permanent criminal record and driving record entry. | Not Eligible. Florida law prohibits sealing or expunging a DUI conviction. |
Charge Reduced & Adjudication Withheld | The original DUI charge is amended to a lesser offense. | Potentially Eligible. You may be able to seal the record of the lesser charge. |
Charge Dismissed / Not Guilty Verdict | No conviction, but the arrest record remains. | Potentially Eligible. You can likely petition to expunge the arrest record. |
As you can see, the effort to keep your record clean happens in the courtroom. Once the case is over and a conviction is entered, the opportunity is lost.
Understanding How Sealing and Expunging Work in Florida
Even though a DUI conviction can’t be wiped from your record in Florida, it's still important to know how the state’s record-clearing laws work. The terms sealing and expunging are often used interchangeably, but they are two very different legal processes with different results.
Sealing a record makes it confidential and hidden from public view. While the records still exist, only a specific list of government and law enforcement agencies can access them. Expunging, however, means the physical destruction of the record.
The Key Differences at a Glance
For most crimes that are eligible, clearing a record is a two-step process. Knowing this sequence helps explain why a DUI conviction is a firm exception in Florida.
Sealing: This is typically the first step. When a record is sealed, it’s restricted from public access. That means it will not appear on the vast majority of background checks run by employers, landlords, or schools.
Expunging: This is the final step and offers a more thorough result. It involves destroying the actual records held by various state agencies. Generally, you can only expunge a record after it has already been sealed for at least 10 years. The other path to expungement is for an arrest record that never resulted in formal charges being filed.
Why Florida Law Excludes DUI Convictions
Florida Statutes are clear about which offenses cannot be sealed or expunged, and Driving Under the Influence is on that list. This is a deliberate policy. The state takes impaired driving very seriously, and the law is written to ensure a DUI conviction remains a part of someone's public history.
This is a tougher stance than in many other parts of the country. Whether you can get a DUI expunged elsewhere in the U.S. depends entirely on local laws. Some states treat it like any other serious crime and block its removal, while others might allow it after a waiting period of anywhere from three to ten years. If you're curious, you can explore more about these national legal variations.
In Florida, the law is unambiguous. A conviction for DUI under Section 316.193 of the Florida Statutes is statutorily barred from being sealed or expunged. This highlights why the initial outcome of your case is so critical.
Because there’s no going back to clean up a conviction later, your focus must be on the legal strategy used while your case is active. The goal is to avoid a conviction from the start. That is the only path that keeps the door open to one day clearing your record. This is where having an experienced legal team fighting for you can be important.
Strategic Alternatives to a Permanent DUI Conviction
Since Florida law permanently locks the door on removing a DUI conviction, the focus must shift to preventing that conviction from ever happening in the first place. This is where a proactive, strategic legal defense is essential if you want a chance at a clean record.
An experienced defense attorney’s goal is to scrutinize every detail of your case, from the initial traffic stop and field sobriety exercises to the breathalyzer results. One of the most common strategies involves negotiating with the prosecutor to secure a plea to a lesser charge.
The Power of a Reduced Charge
In the world of DUI defense, a common goal is getting the charge reduced to Reckless Driving. While it’s still a serious offense, the long-term consequences are far less damaging than a permanent DUI conviction.
Accepting a plea to Reckless Driving accomplishes a few key things:
It avoids the DUI stigma: The social and professional fallout from a DUI conviction is significant. A Reckless Driving charge does not carry that same weight.
It lessens immediate penalties: Fines, license suspension periods, and potential jail time are typically less severe for Reckless Driving.
It can prevent mandatory DUI-specific sanctions: This includes requirements like installing an ignition interlock device in your vehicle.
Most importantly, it keeps the door open to clearing your record down the road.
Why a "Withhold of Adjudication" Is a Game-Changer
Under Florida law, a judge is legally forbidden from withholding adjudication for a DUI charge. That means if you plead to or are found guilty of DUI, you are automatically convicted. No exceptions. That conviction is precisely what makes the charge permanent and ineligible for sealing.
This restriction, however, does not apply to a Reckless Driving charge.
If your attorney successfully negotiates a plea down to Reckless Driving and secures a "withhold of adjudication," you have not been formally convicted of a crime. This single outcome is the key that unlocks the possibility of getting your record sealed in the future, assuming you meet all other eligibility criteria.
This crucial distinction is why a defense aimed at a reduced charge is so vital. It’s not just about minimizing the immediate consequences; it’s about preserving your ability to move on with a clean slate later on. Navigating these complex negotiations is a core part of what a firm focusing on traffic criminal defense does for its clients.
The table below highlights the stark differences between these two outcomes.
Comparing a DUI Conviction vs a Reckless Driving Plea
See the long-term differences between a standard DUI conviction and a negotiated plea to Reckless Driving in Florida.
Consequence | DUI Conviction | Reckless Driving ('Wet Reckless') |
|---|---|---|
Record Sealing/Expunging | Never eligible in Florida. | Potentially eligible if adjudication is withheld. |
Mandatory Adjudication | Yes. A conviction is automatic. | No. Adjudication can be withheld. |
Ignition Interlock Device | Often mandatory. | Not required. |
Insurance Impact | Major, long-term rate increases. | Significant, but often less severe than a DUI. |
As you can see, the ability to get a withhold of adjudication for a Reckless Driving plea is the single most important factor for anyone hoping to eventually clear their record after a DUI arrest.
What to Do If Your DUI Charge Was Dismissed
Many people do not realize that winning a DUI case isn’t the end of the story. You might think that if the prosecutor drops the charges (a "nolle prosequi") or you're found not guilty at trial, the whole ordeal is wiped clean. That is a common misconception.
Even when the case goes your way, the record of your arrest does not just disappear.
That arrest record is still public. It is out there for anyone to find, and it can show up on background checks. This can create issues when you’re applying for a job, trying to rent an apartment, or seeking a professional license. The good news is that this is one of the situations where you have a clear path to getting a DUI-related arrest completely off your record.
The Path to Expungement After a Dismissal
If your DUI charge did not end in a conviction, you are likely in a position to have the arrest record expunged. This is the best-case scenario for clearing your name. Unlike sealing, which just hides a record from public view, an expungement leads to the physical destruction of the record. In Florida, it’s the most thorough way to clear an arrest.
This does not happen on its own. You have to take action and petition the court to make it happen. The process involves specific legal steps, and executing them correctly is crucial.
First, you’ll need to apply for a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE). This is the state's official confirmation that you meet the basic criteria for expungement. To get it, you typically need to confirm that you’ve never been convicted of any criminal offense anywhere, not just in Florida.
Once the FDLE greenlights your certificate, you're ready for the next phase.
Petitioning the Court for Final Approval
With that Certificate of Eligibility in hand, your attorney can now file a formal Petition for Expungement. This is filed in the same court that originally handled your DUI case. The petition, along with other supporting documents like a sworn affidavit, officially asks the judge to order the destruction of your arrest record. The prosecutor’s office gets a chance to review it and can object if they see a legal reason why it should not be granted.
This infographic lays out the general flow of what happens after you file that petition.
As you can see, the process moves from filing the request to a judge's decision, and finally, to the state agencies officially removing the record from their systems.
It’s worth noting that the rules for clearing records are different everywhere. Expungement laws in other jurisdictions might allow certain offenses to be removed based on the seriousness of the offense and the time that has passed. These different approaches show that while getting a DUI-related charge removed is possible in many places, success depends entirely on local laws. You can explore more about these global legal frameworks to see how widely they vary.
If the judge approves your petition, they’ll sign a court order. This order instructs all the relevant agencies—the police department that arrested you, the county clerk, and the FDLE—to destroy all official records tied to that arrest. This is the final, crucial step to making sure a dismissed charge does not cast a long shadow over your future.
The Critical Role of Proactive DUI Defense
The best chance at keeping a DUI off your record happens during your active case, not years after a conviction. Once a Florida DUI conviction is on your record, the door to clearing it is closed. This reality highlights the importance of every decision made in the hours and days after an arrest.
Hiring an attorney whose practice focuses on DUI and traffic defense is a strategic step. The beginning of a case is where a strong defense is built. This is the time to scrutinize the traffic stop, analyze the evidence, and question every procedure law enforcement followed. Our goal is to protect your license and record.
Our practice focuses on traffic and DUI defense. We handle criminal traffic matters across Florida, aiming to find the best possible angle for your specific situation, whether that means challenging the evidence, negotiating for a lesser charge, or preparing the case for trial.
Protecting Your Future from the Start
The real question is how you prevent a conviction from ever happening in the first place. A proactive defense explores every legal avenue to keep that permanent mark off your record.
For most people, this is a new and overwhelming experience. Taking a moment to understand why you should hire a Florida traffic attorney can give you valuable insight into how professional legal help can make a difference in these high-stakes situations.
Attorney Advertisement: This post is for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Submitting information through our website does not create an attorney-client relationship. Our office is in Broward.
At Ticket Shield, our goal is to build a robust defense for every client. No two cases are the same, and we treat each one with the detailed, personal attention it deserves.
Take Action with a Free Consultation
If you or someone you care about is facing a DUI charge in Florida, don't wait. The steps you take right now will have a direct impact on your future.
We offer a free consultation to go over the details of your case and map out potential defense strategies. Let us help you understand all your options.
Questions We Hear All the Time About Florida DUI Records
After digging into the complexities of Florida's DUI laws, you probably have a few specific questions. It's completely normal. This section addresses some of the most common queries we receive.
Remember that every case has its own unique facts. This information is not formal legal advice, and submitting a form does not create an attorney-client relationship. All legal questions should be directed to a licensed attorney.
Can I Expunge A DUI Arrest If I Wasn’t Convicted?
Yes, and this is one of the most critical distinctions to understand. If the prosecutor dismissed your DUI charge, the court dropped it, or you went to trial and were found not guilty, you may be eligible to have the arrest record expunged.
An arrest record does not vanish on its own. You have to take action and formally petition the court to get it removed.
What Happens If My DUI Charge Was Reduced?
Let's say your attorney negotiated to have your DUI charge reduced to a lesser offense, like Reckless Driving. Whether you can clear your record now depends entirely on the final judgment.
If the judge withholds adjudication on that lesser charge, you have a good chance of getting the record sealed, assuming you meet all other legal requirements. But if you were formally convicted of the reduced charge, it will likely remain on your record.
The "withhold of adjudication" is a critical factor. Without it, even a successfully reduced charge still leads to a permanent criminal record that you cannot seal. This is why having an experienced negotiator in your corner from day one is so important.
How Long Does a DUI Stay on Your Florida Driving Record?
A DUI conviction in Florida stays on your driving record for 75 years. For practical purposes, that's a lifetime.
This driving record is separate from your criminal record, but it is just as impactful. It is easily accessible to law enforcement and, more importantly, to insurance companies, which can use it to justify high premiums for years.
For more on this, you can check out these common DUI FAQs from another helpful legal source.
Can an Out-of-State DUI Affect My Florida License?
Absolutely. Florida is part of the Driver License Compact, an agreement between states to share information on traffic violations and license suspensions.
If you get a DUI conviction in another state, they will report it back to the Florida DHSMV. Florida will then treat the offense as if it happened here, imposing its own set of penalties on your license.
And for more general questions about Florida traffic laws, we've put together a comprehensive guide. You can find more answers by visiting the Ticket Shield FAQ page.
The best way to protect your future is to act now. At Ticket Shield, PLLC, our practice focuses on DUI and traffic defense. We offer a free, confidential consultation to go over your case and lay out your legal options in plain English. Contact us today to get started.
