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  • Writer's pictureAttorney Joseph Soler

Can A DUI Be Expunged or Sealed in Florida?

Unfortunately, it is not possible to expunge or seal a DUI case in Florida

In Florida, if a person enters a plea or is otherwise sentenced on a DUI case, then Florida law says they must be adjudicated guilty and convicted of the DUI. Florida law does not allow a person to receive a withhold of adjudication on a DUI, they must be adjudicated guilty.

If one is adjudicated guilty of any charge in Florida, including a DUI, then they are no longer eligible to seal or expunge any criminal record. Therefore, in Florida, as the law currently stands, it is not possible to expunge or seal a DUI case.

However, If you have a pending DUI case, there may be hope

Florida law does allow one to seal a record if one receives a withhold of adjudication (and they have never been convicted of a criminal offense in any state and are otherwise eligible to seal). So, if the open DUI charge is fought and later is reduced to a reckless driving charge, and the defendant enters a plea and/or is sentenced and receives a withhold of adjudication, it will then be possible for them to seal the criminal record from public view (assuming, again, they are otherwise eligible to seal a record in Florida).

Similarly, if one enters into a DUI diversion program, like the Sarasota State Attorney’s Office Driver Enhanced Treatment Education Rehabilitation (known as the DETER program), and successfully completes the program, the State Attorney will reduce the charge to a reckless driving and offer a withhold of adjudication. The defendant should then be able to have the reckless driving charge sealed.

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