A Florida DUI conviction stays on the Florida driving record for 75 years, and it cannot be sealed or expunged from criminal history. Because courts cannot withhold adjudication on a DUI, even a no contest plea leaves a lasting conviction.
Two records with two different rules
People often talk about a DUI being on their record without saying which one. There are two: the driving record kept for license purposes, and the criminal history that reflects arrests and court outcomes. A DUI conviction appears in both, but the rules differ.
On the driving record, a DUI conviction remains for 75 years, which for most people covers the rest of their driving life. On the criminal side, a DUI conviction cannot be sealed or expunged in Florida.
Why a DUI conviction cannot be sealed
Florida sealing and expungement rules exclude DUI convictions. A case that ended in an adjudication of guilt generally cannot be sealed or expunged, and Florida courts cannot withhold adjudication on a DUI, so a DUI case that ends in a guilty plea, a no contest plea or a guilty verdict always produces a conviction.
That combination is what makes a DUI conviction permanent in a way some other offenses are not.
What remains when a DUI arrest does not end in a conviction
Not every DUI arrest ends in a DUI conviction. A case may be dismissed or, depending on the evidence, resolved as a lesser charge such as reckless driving. The arrest still exists in criminal history records, and whether it can be sealed or expunged depends on how the case ended and on the person's eligibility.
Eligibility runs through a certificate of eligibility from FDLE, and Florida generally allows only one sealing or expungement in a lifetime. That makes the choice of which record to use it on worth careful thought.
How the record affects any future case
The record matters most if there is ever another arrest. Florida's repeat penalties look back at prior convictions: a second within 5 years and a third within 10 years bring mandatory jail and longer revocations, and a fourth or later DUI is a felony however old the earlier convictions are.
A conviction can also appear in background checks, and after a conviction Florida requires FR-44 insurance. DUI Lawyers Shield Firm can explain how these record rules apply to a particular case in a free case review.
Keep reading
- What Happens at a Florida DUI Arraignment
- How a Florida DUI Conviction Affects Your Employment
- How a Florida DUI Affects Your Auto Insurance Rates
General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.
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