Can You Seal or Expunge a Florida DUI Charge?

Seal Florida Driving Under Influence

You cannot seal or expunge a FL DUI case if you were convicted.

Have you been arrested for driving under the influence in Jacksonville FL?  Were you charged with Florida DUI?  If you arrested or given a Jacksonville traffic ticket for driving under the influence, you probably have a DUI charge on your Florida criminal background.  You may be wondering if you can erase this criminal charge from your record.  The answer is maybe.  You may be able to seal or expunge your record showing the DUI crime.  It will depend on the way that your Jacksonville criminal attorney and yourself disposed of the case.

If you want to seal a Florida criminal record, Florida Statute 943.059 controls.  This Florida criminal record seal law lists certain crimes that cannot be sealed.  A misdemeanor DUI crime is not on the list.  However, the same law does not allow you to seal your record if you have ever been convicted of a crime.  Florida’s DUI law is under Section 316.193.  Florida Statute Section 316.656 states that you are not able to receive a withhold of adjudication on a driving under the influence plea.  The FL DUI law mandates that the court impose a conviction for someone that pleads guilty or no contest to driving under the influence.  Here is the law:

“(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.”

“(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.”

“(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor vehicle, or vehicular homicide.”

This does not mean that you cannot petition to have your record sealed if your charges were amended.  In some driving under the influence cases, your charges may be amended to a Jacksonville reckless driving charge.  You may petition the court to have the reckless driving charge sealed.  In turn, this will remove the DUI arrest.

Another way to remove a drunk driving charge from your background is through a record expunction or expungment.  You may be able to expunge your Florida criminal record if the DUI charges were dropped. Even if your charges are dropped or the state attorney’s office declines to prosecute your case, there is still a criminal record.  You can remove this Jacksonville driving under the influence case from your record by expunging it.

If you would like to seal or expunge your FL record, you should talk to a Jacksonville lawyer with experience in the field.  Email or call 20 Miles Law to speak with a Jacksonville attorney about expunging or sealing your record.  You may have been arrested for Jacksonville marijuana possession in Duval County.  Your child may have a Florida juvenile criminal record in Clay County.  Your husband may have a prior Florida aggravated assault case in St. Johns County.  Call 904-564-2525 to talk to a Jacksonville criminal lawyer about your case.  You may click on Contact Lawyers to send an email.

About Cynthia, 20 Miles Law

Cynthia Veintemillas

Jacksonville Criminal Lawyer Cynthia Veintemillas Photo

Cynthia Veintemillas is an experienced Florida attorney. She began her legal career at the public defender’s office in Jacksonville, Florida. Her primary practice fields include criminal defense, litigation, and family law. She has also represented many people facing foreclosure in Duval County, Clay County, and St. Johns County, Florida.

Jurisdictions Admitted to Practice

  • Florida, 2006
  • South Carolina, 2007
  • Middle District of Florida, 2009

Professional & Bar Association Memberships

  • Florida Bar 
Member Since: 2006
  • South Carolina 
Member Since: 2007
  • Jacksonville Bar 
Member Since: 2008
  • Florida Association of Criminal Defense Lawyers

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Can You Seal or Expunge a Florida DUI Charge? — 40 Comments

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