2024 How to Get a DUI Expunged in Florida?

A driving under the influence (DUI) conviction can have a lasting impact on one’s professional and even personal life. If you’re facing DUI charges, you may find yourself wondering how to get a DUI expunged in Florida. According to state law, DUI convictions cannot be expunged or sealed. So, from the start, your optimal option is to build a solid defense that may help reduce or dismiss your charges from the beginning.

However, depending on the factors and outcomes of your case, there may be ways for an experienced criminal defense attorney to help get your record cleared so you can go on living as normally as possible. Unfortunately, if after your trial, you were found guilty or you plead guilty, you will most likely not be able to have your record sealed or expunged.

What Is DUI?

Under state law, an individual is found guilty of driving under the influence when operating a motorized vehicle while hindered by drugs and/or alcohol. If suspected of this, a police officer will pull you over and have you complete a breathalyzer test to see what your blood alcohol concentration level is. If this level is found to be 0.08% or higher, you are past the legal limit and can be arrested for driving under the influence.

DUIs Can Be Charged for Other Substance Use, Including OTC Medications

Also, under state law, impairment is not limited to alcohol use. You can also be found guilty of DUI if you’re operating a vehicle while hindered by over-the-counter (OTC) medications, prescription drugs, or illegal substances. Anyone can face DUI charges when driving, and their judgment and responsiveness are affected by substances.

Penalties for a DUI Conviction

A penalty for DUIs can be a harsh and severe reality that can affect those convicted for years to come. They can also vary in type and severity from case to case and oftentimes depend on the following factors:

• If anyone suffered injuries or died due to your DUI.
• How high your blood alcohol concentration was.
• Whether you have had any DUI offenses in your history.

On average, however, most DUI penalties come with fines and the possibility of jail time. You may also be ordered to install an ignition interlock device — a piece of equipment designed to collect a breath sample in order to start your car — to the inside of your vehicle.

DUI Charges Can Be Misdemeanors or Felonies

Depending on your history of DUI convictions, your offense may constitute a misdemeanor or felony. Most first-time offenders are only convicted of misdemeanors unless there are other aggravating circumstances at play with your case. Additionally, you may find your license suspended, limited, or revoked by authorities.

How Long Does a DUI Charge Stay on Your Record?

A DUI conviction permanently remains on your criminal record, even if it’s a misdemeanor in the state of Florida. The conviction likewise cannot be hidden or removed from your record. However, there is always the possibility you may be able to lessen these effects before being fully convicted by seeking a reduction of charges.

The Legalities Surrounding a Seal or an Expungement of Record

If, before you are convicted in Tampa or any area in Florida, you are able to get a reduction of your DUI charges to reckless driving, you may be able to have your record sealed. Once sealed, it will no longer be able to be viewed by members of the public. At the same time, if you are able to get these charges dropped by either the state or the judge and it never proceeds to a trial, you would be eligible to request a complete expungement of all charges brought against you.

FAQs

Q: How Much Does It Cost to Get a DUI Expunged?

A: You cannot have a DUI conviction expunged in the state, so you will want to have the charges reduced so that your record can be expunged. The cost to get your record expunged in the state depends on the complexity of your case. It is prudent, however, to keep in mind that the costs incurred are worth it when fighting and advocating for your future.

Q: How Long Does a DUI Stay on Your Background Check?

A: A DUI may stay on your record permanently. Although many people believe that a DUI conviction will simply disappear from one’s background check after a certain number of years, in reality, this is not the case. DUI is a serious criminal conviction and will not just drop off your record; it may remain on your record indefinitely.

Q: Do I Need a Lawyer to Expunge My Record?

A: There is no legal requirement that states you must have an attorney hired in order to request a seal or expungement of your criminal record. However, it is good to keep in mind that the process for receiving an expungement involves complicated legal matters, and an attorney’s advice and guidance could prove helpful for a positive outcome.

Q: How Do You Get a DUI Dismissed?

A: There is a chance that you can have a DUI charge dismissed in Florida with the assistance of an experienced and skilled attorney. In some cases, an attorney might be able to argue that the officer who issued the DUI did not have probable cause to pull you over or improperly administered any field sobriety tests.

Talk to an Attorney About DUI Expungement Options

If you find yourself facing DUI charges, it is imperative for you to speak to an experienced DUI defense attorney who will offer the legal guidance you need. They can also aim to reduce or eliminate the charges brought against you and lessen the long-term impacts these charges may have on your life.

Unfortunately, you cannot expunge a DUI conviction in the state, but you do have the option to try to reduce the charges you’re facing and then pursue a seal or expungement of lesser charges. Contact the team at Jeff Marshall Law today and let us help you.