DUI Sealing or Expungement: Is It Possible to Clear Your Record in Florida?

There are many reasons someone charged with or convicted of drunk driving in Florida might want to clear their record. However, for many in that situation, such an outcome is impossible. The best time to protect yourself from the future consequences of a drunk driving conviction, will always be before you get into a vehicle. However, if you find yourself facing a DUI time the sooner you can connect with an attorney after your arrest the better.

Florida law does not allow for the sealing or expungement of a DUI conviction. However, there are some scenarios where someone arrested for a DUI, but not convicted might later on be eligible for a sealing or an expungement. That means that whether or not you can clear your record after having been charged with driving under the influence depends in large part on the outcome of your DUI case.

How a Jacksonville DUI Attorney Can Help Keep Your Record Clear

If you hope to seal a DUI record from your Florida criminal history, you must avoid conviction for DUI or any other criminal offense. Furthermore, there are three different ways in which a person might ultimately be eligible to have their record sealed if simply arrested for DUI. An experienced local DUI lawyer can explain your options in detail and assess the best approach given the facts of your case. Additionally, while a general overview is not a substitute for personalized advice from a Jacksonville DUI lawyer, the following gives some scenarios in which a person might be eligible to have their DUI arrest sealed.

DUI-Related Records that May Be Eligible for Sealing

The key to keeping the possibility of sealing open is to avoid a DUI conviction. There are a few different ways that can happen. For example:

1. Your DUI Lawyer May Be Able to Negotiate a Dismissal of the Charges

This isn’t an easy sell, but in some cases, your defense attorney may be able to persuade the prosecution that they can’t secure a conviction on the DUI charge. The best way to achieve this is usually for your lawyer to investigate your case and find weaknesses such as a problem with the blood alcohol testing or an unlawful traffic stop. If you are charged with DUI but the charge is dismissed, the record of your arrest and the charges against you will remain eligible for possible sealing.

2. You May Win Your Case at Trial

If there are weaknesses in your case and the prosecution isn’t willing to dismiss the charges, your Jacksonville DUI lawyer may recommend that you fight the charges in court. For example, if your attorney is able to suppress the chemical test results or call their accuracy into question, they may be able to secure a “not guilty” verdict. The prosecution’s burden of proof is high in a criminal case, and it can be very difficult to prove guilt beyond a reasonable doubt if they aren’t allowed to tell the jury about chemical test results. If you’re found not guilty at trial, the record of the DUI arrest and charge remains eligible for possible sealing.

3. Your DUI Attorney May Be Able to Negotiate for Withheld Adjudication

In Florida, “adjudication withheld” means that as long as the defendant fulfills the agreed requirements, a judgment of conviction is never entered. Florida law doesn’t allow for adjudication to be withheld on a DUI charge. However, in some cases, a DUI attorney may be able to negotiate with the prosecutor to reduce the charge to reckless driving. Adjudication can be withheld on a reckless driving charge, leaving the door open to sealing the record later. Prosecutors generally don’t take this step lightly, but an experienced local DUI lawyer will know what variables may persuade a prosecutor to agree to reduce the charge to reckless driving and agree to withheld adjudication.

Other Eligibility Requirements

When no conviction has been entered, a DUI record may be eligible for sealing. But, sealing isn’t automatic, and not everyone is eligible to apply. Sealing can’t be granted while the person charged is still under supervision relating to the charges. So, for example, someone who is in the probationary period of a withheld adjudication on a reckless driving charge won’t be eligible for sealing until their probation is complete. And, those who have been convicted of other crimes aren’t eligible for sealing.

DUI-Related Records that May Be Eligible for Expungement

While sealing a criminal record is a huge step towards keeping your record clear, expungement is even better. However, expungement is also harder to achieve and fewer individuals are eligible for expungement. To be eligible for expungement the Prosecution cannot have even filed formal charges against a defendant. If they have that Defendant is ineligible for expungement. Additionally, to obtain an expungement, Defense counsel must also secure the consent of the prosecution. Thus obtaining expungement is even more difficult than obtaining a sealing.

The Key to Sealing or Expunging DUI Records

The best approach to keeping your record clean or preparing for a possible sealing or expungement of DUI records will depend on the specifics of your case, and perhaps on the specific prosecutor and court. The important thing to recognize is that once a DUI conviction is entered, Florida law does not allow for its sealing or expungement. That means the time to think about clearing the path to possible expungement is as soon as possible after you are arrested for driving under the influence.

If a conviction is entered, it’s almost impossible that you’ll be able to “clean it up” later.

Talk to a DUI Attorney in Jacksonville, FL about Your DUI Charge

Too often, people charged with a first offense DUI don’t take the charge seriously enough. The prosecution may offer a plea agreement that doesn’t involve any jail time, and the driver may decide it’s best to just plead guilty, get the case over with and avoid possible jail time. Unfortunately, that can lead to unpleasant surprises later.

A DUI conviction can have many indirect consequences, from increased automobile insurance rates to disqualification from certain jobs. A DUI conviction can also mean more serious consequences if you face similar charges in the future. An experienced DUI lawyer like Matthew Lufrano can explain how a DUI conviction may impact other areas of your life. But, the prosecutor doesn’t have to tell you about those issues when they make you a plea offer. That means some people don’t find out how important it is to fight DUI charges until it’s too late.

At Lufrano Legal, we know how important it is for people facing Florida DUI charges to have complete and accurate information before they make any decisions. That’s why attorney Matthew Lufrano offers free consultations to people charged with DUI and other crimes in and around Jacksonville. To learn more about how he can put his over 15 years of criminal defense experience to work for you, call us today at 904-513-3905 or fill out our contact form.