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Florida DUI Expungement FAQ: Understanding Permanent Records and Limited Relief Options
TL;DR
Understanding Florida's strict DUI laws provides a strategic advantage by revealing that negotiating charges down to reckless driving before conviction can protect future employment and professional licenses.
Florida DUI convictions are permanent under Statute 316.656, but arrest records may be expunged if charges are dropped or sealed if reduced to reckless driving with withheld adjudication.
This legal clarity helps individuals protect their futures by navigating permanent DUI records, potentially preserving employment opportunities and reducing long-term stigma through proper legal procedures.
Florida DUI convictions last indefinitely on criminal records and 75 years on driving records, though rare exceptions exist for expungement or sealing under specific legal circumstances.
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This content explains Florida's strict laws regarding DUI convictions, which are typically permanent, and identifies the limited circumstances under which a DUI record might be expunged or sealed.
Under Florida Statute 316.656, judges are prohibited from 'withholding adjudication' on DUI charges, ensuring any plea or finding of guilt results in a permanent criminal conviction that remains on a criminal history report indefinitely.
A Florida DUI conviction remains on a driving record for 75 years.
Total expungement is available if charges were dropped, dismissed, or resulted in a 'Not Guilty' verdict, while record sealing may be possible if a DUI is negotiated down to 'Reckless Driving' with adjudication withheld.
Expungement physically destroys the record, allowing individuals to lawfully deny the arrest occurred, while sealing shields the record from the general public and most private employers while keeping it in existence.
An individual can only seal or expunge a record once in their lifetime, making strategic handling of the initial court case crucial.
Anyone convicted of DUI in Florida is affected, with professional licenses and future employment potentially at stake due to permanent records.
The process involves obtaining a Certificate of Eligibility from the FDLE and filing a formal petition in Circuit Court, though specific details are available in the full article.
Full details on statutory hurdles, negotiating 'wet reckless' pleas, and the petition process are available in the article Can You Expunge a DUI in Florida?.
The content was created by Mario Gunde Peters & Kelley, lawyers in Brevard County, Florida, and more information is available at their website.
Curated from 24-7 Press Release
