Florida DUI Expungement: Can You Clear Your Record?

By Jonathan Blecher on September 4, 2025

When facing a DUI arrest in Florida, the consequences extend far beyond fines, probation, or even jail time. A conviction, or even just an arrest, can leave a lasting mark on your criminal record, which is visible to employers, landlords, schools, and government agencies. That’s where the experience of Jonathan B. Blecher, P.A., comes in. With decades of experience in criminal defense and a deep understanding of Florida law, he guides clients through one of the most pressing post-DUI concerns: whether their record can be sealed or expunged.

For many, the idea of having a past mistake follow them for years feels overwhelming. Understanding your options under Florida’s expungement laws is the first step toward clearing the slate.

What Is Expungement Under Florida Law?

Expungement is a legal process that allows certain criminal records to be destroyed or removed from public view. Once a record is expunged, government agencies that still hold the file must maintain its confidentiality. In practice, this means the record will not show up in most background checks, and you can legally deny the arrest or charges in most situations.

Sealing a record, while slightly different, provides a similar layer of protection. A sealed record is hidden from public view but still maintained by the Florida Department of Law Enforcement (FDLE) and can be accessed by specific government agencies.

Both options, expungement and sealing, offer a path to moving forward without the weight of a permanent criminal record tied to a single mistake. But whether either is available in a DUI case depends on the outcome of the case.

DUI Records in Florida: The Hard Truth

One of the most common misconceptions is that a DUI conviction can be expunged or sealed. Unfortunately, Florida law does not allow that. If you were found guilty of DUI, whether through a guilty verdict, pleading guilty, or a no-contest plea with adjudication, you cannot have that conviction removed.

This is why the outcome of a DUI case matters so much. If charges are reduced, dismissed, or end with a not guilty verdict, the doors to expungement may open. For example:

  • If the state attorney’s office dropped your DUI charges before formal charges, you may qualify to have the arrest expunged.
  • If your DUI charge was reduced to reckless driving, and adjudication was withheld, you may be eligible to have that reckless driving record sealed.
  • If your case ended in dismissal or acquittal, you can typically apply to have the record expunged entirely.

Each situation is unique, and the details of prior convictions, pending criminal charges, or other criminal offenses on your record can impact eligibility.

Eligibility for DUI Expungement in Florida

To seal or expunge a record in Florida, the person must meet specific eligibility criteria set by the FDLE. Some key requirements include:

  • No Prior Convictions: If you’ve been convicted of any other criminal offense in Florida, you may not qualify.
  • No Prior Expungement/Sealing: You can only seal or expunge one criminal record in your lifetime.
  • Case Outcome: If you were convicted of DUI, the record cannot be cleared. However, if the case was dismissed, charges dropped, or reduced to reckless driving with withheld adjudication, you may be eligible.
  • No Pending Criminal Charges: You must not currently be facing another criminal offense at the time you apply.

These rules make it clear that while not everyone qualifies, those who do can gain significant relief from a past mistake.

The Expungement Process in Florida

The expungement process requires patience and precision. Missing a deadline or filing incorrectly can derail the effort. Generally, the steps include:

  • Obtain a certificate of eligibility from the FDLE by submitting fingerprints, a certified copy of the final court disposition, and a processing fee.
  • File a Petition With the Court: This includes supporting documentation and the FDLE certificate.
  • Court Review: A judge reviews the petition and may require a hearing.
  • Court Order: If granted, the court issues an order directing agencies to expunge or seal the record.

Timelines vary, but the process can take several months from start to finish.

Why You Need a DUI Lawyer for Expungement

Florida’s expungement laws are highly technical, with eligibility often depending on small details in the court record. Jonathan B. Blecher, P.A., brings years of DUI defense experience to guide clients through the process, from gathering documents to making persuasive arguments in court. Beyond avoiding costly mistakes, he ensures clients understand whether expungement or record sealing is the better path forward.

Benefits of Clearing a DUI Record

When a record is sealed or expunged, the benefits extend far beyond the courthouse. A cleared record can:

  • Improve employment opportunities, since most private employers won’t see the arrest on a background check.
  • Allow you to legally deny the arrest in most situations, reducing stigma and embarrassment.
  • Open up housing, licensing, and educational opportunities that may have been closed due to a visible criminal history.
  • Provide peace of mind that a single mistake will no longer define your future.

For many clients, the ability to legally deny the arrest when applying for a job or professional license is life-changing.

Judges Hammer With Books On A Table

Challenges and Limitations of DUI Expungement

It’s important to recognize that expungement is not a cure-all. Some challenges and limitations include:

  • DUI convictions cannot be expunged under Florida law.
  • Government agencies such as law enforcement or the Florida Bar may still access sealed or expunged files.
  • The process can be lengthy, often requiring persistence to complete.
  • If you have prior convictions, even unrelated to DUI, you may not qualify.

That’s why it’s critical to understand the limits before moving forward—and why consulting a criminal defense attorney with deep knowledge of Florida law is essential.

Moving Forward With the Right Legal Help

Having a DUI in Florida doesn’t always mean your record must follow you forever. In certain situations, such as when charges are dismissed, dropped, or reduced to reckless driving with withheld adjudication, you may be able to seal or expunge your record.

At Jonathan B. Blecher, P.A., clients receive guidance not only on the expungement process, but also on related DUI defense services. From challenging unlawful traffic stops to holding the prosecution to its burden of proof, Jonathan Blecher understands how to protect clients both during and after a DUI case.

A past mistake should not define your future. With the right legal strategy, you may be able to move forward with a record clear of damaging DUI charges.

If you’re wondering whether you qualify, don’t leave it to guesswork. Contact Jonathan B. Blecher, P.A., today for a free consultation. With decades of experience in DUI defense and Florida expungement law, he can help you understand your options and take the steps needed to put your past behind you.

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