Can a DUI be sealed or expunged in Florida?

Two separate records follow a Florida DUI arrest. One is the criminal history record kept by the Florida Department of Law Enforcement (FDLE) and the courts. The other is the driving record kept by the Department of Highway Safety and Motor Vehicles (FLHSMV). Sealing and expunction, under sections 943.059, 943.0585 and 943.0595, Florida Statutes, reach only the first. This page sorts DUI outcomes into the ones that can be cleared and the ones that cannot, and walks through how the process works for a case from Palm Beach or Broward County. For how Mr. Mead approaches the charge itself, see the main DUI defense page.

The general difference between sealing a record, which hides it from most of the public, and expunging it, which goes further, is explained on our records sealing and expungement page. Here the focus is on what is special about DUI.

How does clearing a DUI record work, step by step?

The path depends on how the case ended. When a DUI case ends without any finding of guilt, most of the work happens automatically. When a court order is needed, the person has to apply first to FDLE and then to the court. In order, the steps look like this:

The general rules behind these steps are explained in whether you are eligible to seal or expunge a record. The full filing sequence, with costs, is in how to seal or expunge a record, step by step.

1. The case ends. The State Attorney either never files a charge, drops it, or the court dismisses it, or the case goes to a plea or a trial. The exact disposition on each count decides everything that follows.
2. Automatic sealing, where it applies. If no charge was filed, every count was dropped or dismissed, or the person was acquitted on every count, the clerk sends a certified disposition to FDLE. FDLE seals the record and tells the clerk, and the clerk then keeps the related court file confidential (s. 943.0595(3)).
3. Certificate of eligibility, where a court order is needed. The person applies to FDLE with a notarized application, a certified disposition from the clerk in the county where the case was filed, fingerprints taken by law enforcement, and a $75 nonrefundable fee. An expunction application also needs a written certified statement from the State Attorney (ss. 943.059(2), 943.0585(2); FDLE instructions).
4. The petition. With the certificate, which is valid for 12 months, the person petitions the court and swears to meeting the eligibility rules. A copy is served on the State Attorney and the arresting agency, which may respond (s. 943.059(3), (5)(a)).
5. The order. If the judge grants it, the clerk certifies copies to the State Attorney and the arresting agency, and FDLE forwards the order to the FBI (s. 943.059(5)(b)). The statute says a request to seal "may be denied at the sole discretion of the court" (s. 943.059(4)(e)).

Where the case was filed matters for the paperwork. A Boca Raton or Delray Beach DUI is usually heard at the South County Courthouse, but the certified disposition comes from the Clerk of the Circuit Court for the county, as our Palm Beach County courts and local facts page explains. Broward cases work the same way through the Broward Clerk.

Which DUI outcomes can be sealed or expunged?

A record sealed by court order because adjudication was withheld can be considered for expunction later, but section 943.0585(1)(h) generally requires that it first stay sealed for at least 10 years.

Why can't a DUI conviction be sealed?

Because the law makes every DUI conviction an adjudication of guilt. Section 316.656(1) says no court may "suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193," the DUI statute. Court-ordered sealing, in turn, is open only to a person who has not been adjudicated guilty of "any of the acts stemming from the arrest or alleged criminal activity to which the petition to seal pertains" (s. 943.059(1)(c)). Expunction has the same condition (s. 943.0585(1)(e)). Together those rules leave no route for a DUI conviction.

The effect can spread to other records. Both statutes also require that the person has never been adjudicated guilty of any criminal offense in Florida (ss. 943.059(1)(b), 943.0585(1)(d)), so a DUI conviction can stand in the way of sealing an unrelated arrest later. Many other Florida cases allow a withheld adjudication, which is why the difference matters. Our page on what a withhold of adjudication means in Florida explains how it works elsewhere.

What changes the answer?

• The words "as to all counts." Automatic sealing applies only when every count was dropped, dismissed or ended in acquittal (s. 943.0595(2)(a)). A DUI arrest often carries a second count, and a plea on that count means the condition is not met. The ways a whole case can end early are covered in can criminal charges be dropped in Florida.
• The type of charge. Charges for a forcible felony or certain sex offenses are left out of automatic sealing (s. 943.0595(2)(a)). A misdemeanor DUI charge is neither.
• Any earlier adjudication. One past adjudication of guilt for any criminal offense in Florida bars court-ordered sealing and expunction (ss. 943.059(1)(b), 943.0585(1)(d)).
• A prior sealing or expunction. A person who already obtained one court-ordered sealing or expunction is generally not eligible for another (s. 943.059(1)(e)). FDLE puts it plainly: a person proceeding under these statutes "is entitled to one court-ordered sealing or expungement in a lifetime." Automatic sealing has no such limit (s. 943.0595(2)(b)).
• Supervision still running. A person still on probation or other court supervision for the case is not yet eligible (s. 943.059(1)(d)).
• The judge's discretion. Meeting every rule earns a certificate, not a guaranteed order (s. 943.059(4)(e)).

What about the Palm Beach first-time DUI program?

The State Attorney's program for some first-time DUI defendants in Palm Beach County ends, for those who qualify and complete it, with a "Plea of guilty to Reckless Driving (adjudication will be withheld)" and a nolle prosequi on the DUI charge. A withheld reckless driving plea is not blocked by section 316.656, so court-ordered sealing may become available once the other conditions of section 943.059 are met. The full terms are on our page about the Palm Beach County first-time DUI program.

The program's tier sheets deserve a close reading before any plea. Each tier lists a "Plea of Guilty to Willfully Refuse to Sign & Accept Summons or Citation- adjudication," a second count the program allows, and the refusal tier says the plea on refusing DUI testing may be withheld "or an adjudication (which will be decided on a case-by-case basis)." Willfully refusing to accept and sign a summons is a second-degree misdemeanor (s. 318.14(3)), and section 943.059(1)(c) looks at every act stemming from the same arrest. How those terms affect sealing in one particular case is a question to settle with a lawyer before the plea, not after. The general limits on lesser pleas are explained in can a Florida DUI be reduced to reckless driving.

A worked example

For example, imagine two hypothetical drivers arrested on the same night in south Palm Beach County, each with no earlier record. The first driver's blood result comes back under the legal limit weeks later, and the State Attorney decides not to file any charge. Nothing more needs to be filed for the criminal history: the clerk sends the disposition to FDLE, FDLE seals the record, and the court file becomes confidential. If that driver later wants a full expunction, he can apply to FDLE for a certificate with the State Attorney's written statement.

The second driver is accepted into the first-time program, enters the reckless driving plea with adjudication withheld, and finishes 12 months of probation. Her case was not dismissed as to all counts, so it is not sealed automatically. Once supervision ends, she can apply for a certificate of eligibility for court-ordered sealing, but only if no count from that arrest ended in an adjudication and she has no earlier adjudication or sealing. If a refusal-to-sign count was adjudicated, that question has to be answered first. Neither example predicts a result in any real case.

Does sealing remove the DUI from my driving record?

No. The driving record is a separate file kept by FLHSMV, which section 322.20 directs to maintain "abstracts of court records of convictions, and notices of revocation or suspension of a person's driver license or driving privilege." FLHSMV's page on driving records says its complete record shows open or closed suspensions and revocations until their retention period runs out, and that "Alcohol related entries have a 75-year retention period." Sealing a criminal history record under chapter 943 does not change those rules. It does not change the insurance consequences of a conviction either; those are covered on our page about FR-44 insurance after a Florida DUI.

Common mistakes people make

• Assuming a plea to a lesser charge is the same as a dismissal. It is not, and it changes which sealing route applies.
• Accepting an adjudicated plea on a minor second count without asking how it affects sealing of the whole arrest.
• Using up the one court-ordered sealing on an old, minor record when a more important record may need it later.
• Applying to FDLE while still on probation, which section 943.059(1)(d) does not allow.
• Expecting sealing to clear the driving record or the administrative suspension, which FLHSMV keeps under its own rules.
• Forgetting that sealed records stay available to some employers and licensing agencies listed in section 943.059(6).

What to do this week

1. Find out exactly how every count in your case ended, from the clerk's docket or your paperwork.
2. If the case is still open, raise sealing before any plea is discussed, not after.
3. If your case was dropped, ask the clerk whether the court file now shows as confidential.
4. Order a certified disposition from the clerk for each charge you want sealed.
5. List every earlier arrest anywhere in Florida, with how each one ended.
6. Keep copies of the arrest report and disposition before any sealing, as FDLE recommends.

Frequently asked questions

Can a DUI from years ago be sealed now?

Only if it did not end in a DUI conviction. Time alone does not make a DUI conviction eligible, because the adjudication rule in section 943.059(1)(c) has no expiration date. A dropped or dismissed DUI from years ago can be checked for automatic sealing or a court order.

Is there a waiting period before I can seal a dropped DUI?

Automatic sealing happens when the clerk sends the disposition to FDLE at the end of the case. For a court order, the statutes do not set a waiting period for a dismissed case, but the person must no longer be under court supervision for that arrest.

Will a sealed DUI arrest show up on a background check?

For most private employers, no: the sealed record is confidential, and the person may lawfully deny the sealed arrest except in the situations section 943.059(6)(b) lists. Those include jobs with criminal justice agencies, Florida Bar admission, positions working with children, the elderly or the disabled, and firearm purchases from a dealer.

Does completing diversion seal my record automatically?

Not by itself. Diversion that ends in a dismissal or nolle prosequi of every count fits the automatic sealing rule, while a program that ends in a plea does not. FDLE accepts a pretrial completion certificate in place of a certified disposition for diversion cases; our page on pretrial diversion in Palm Beach and Broward covers the local programs.

Can I seal a DUI from another state in Florida?

Florida's statutes govern Florida records. A conviction or record from another state is handled under that state's own law, which this page does not cover.

What does sealing cost?

FDLE charges a $75 nonrefundable processing fee for a certificate of eligibility, payable by money order, cashier's check or personal check; FDLE does not accept cash.

If my DUI was reduced, does the reckless driving still count as a conviction?

A withheld adjudication means the court did not formally adjudicate guilt, which keeps the sealing door open under section 943.059. Other statutes define "conviction" in their own way; the Crime Stoppers court cost in section 938.06, for example, counts a plea "regardless of whether adjudication is withheld."

How can Mr. Mead help?

Whether a record can ever be sealed is decided by how the case ends, so the time to weigh it is while the case is still open. Mr. Mead explains how each possible outcome would affect the criminal record, the driving record and later sealing, before any plea is entered. Every case is different, and no result can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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